Picking K1 or IR/CR1

[Billious 32]

Hello everyone! I had the incredible luck of meeting my fiancee this last winter while working on a cruise ship with her, and we are planning on getting married this coming Winter. This is a moment of incredible joy for me, but I'm finding that our situation is sufficiently complicated to merit asking advice.

She is currently on a US work visa, but the ship she is on will not be back to a US port until November. I will join her on ship then for about 4 months, and we're hoping to get married down in the Caribbean somewhere (US Virgin Islands seems like a likely choice). We will both leave the ship in March, and she will come to my city here in the US for 10 days before she and I go to Indonesia for the inevitable family ceremony there. From there, we'd like to have her move here as soon as possible.

The question becomes whether to file for a Fiancee visa now, or to wait until we get married and file for an IR/CR-1. The complicating factor will be that there will be no reasonable way to schedule a US Embassy interview until our contract is done in early March (for all intents and purposes, it's impossible to schedule when she can get off the ship in port - in my position I have a lot more flexibility).

Further complicating (or helping?) matters is that she is technically "in the US" right now... She joined the ship in Florida, and will debark in Florida, and she had to obtain a work visa to do that. When her contract ends, her work visa gives her 10 days before she has to return to Indonesia. Is there any reason we might be able to skip the K1 and just do an adjustment of status after the wedding? For what it's worth, I think we should have no problem with the interview process, as neither of us has ever been married, she's got all the documents she should need with her, and we've got plenty of proof of a real relationship (I had an amazing visit with her friends and family over in Indonesia a few months ago!)

Any advice and information anyone can provide would be greatly appreciated. I've gone through the USCIS website, called them (a singularly unhelpful experience), and read through a number of posts here. Thanks in advance!

[Pitaya 2,577]

Hello everyone! I had the incredible luck of meeting my fiancee this last winter while working on a cruise ship with her, and we are planning on getting married this coming Winter. This is a moment of incredible joy for me, but I'm finding that our situation is sufficiently complicated to merit asking advice.

She is currently on a US work visa, but the ship she is on will not be back to a US port until November. I will join her on ship then for about 4 months, and we're hoping to get married down in the Caribbean somewhere (US Virgin Islands seems like a likely choice). We will both leave the ship in March, and she will come to my city here in the US for 10 days before she and I go to Indonesia for the inevitable family ceremony there. From there, we'd like to have her move here as soon as possible.

The question becomes whether to file for a Fiancee visa now, or to wait until we get married and file for an IR/CR-1. The complicating factor will be that there will be no reasonable way to schedule a US Embassy interview until our contract is done in early March (for all intents and purposes, it's impossible to schedule when she can get off the ship in port - in my position I have a lot more flexibility).

Further complicating (or helping?) matters is that she is technically "in the US" right now... She joined the ship in Florida, and will debark in Florida, and she had to obtain a work visa to do that. When her contract ends, her work visa gives her 10 days before she has to return to Indonesia. Is there any reason we might be able to skip the K1 and just do an adjustment of status after the wedding? For what it's worth, I think we should have no problem with the interview process, as neither of us has ever been married, she's got all the documents she should need with her, and we've got plenty of proof of a real relationship (I had an amazing visit with her friends and family over in Indonesia a few months ago!)

Any advice and information anyone can provide would be greatly appreciated. I've gone through the USCIS website, called them (a singularly unhelpful experience), and read through a number of posts here. Thanks in advance!

Welcome to the forum.

For a good comparison of the fiance(e) and spousal visa options available. My first thought is to suggest you look at the spousal visas, it may be easier to coordinate. However, any way you look at, she will have to take time from her busy schedule to have her consulate/embassy interview. Please remember, you are contemplating getting involved with a very large government bureaucracy and it is their ballgame and their rules. everyone has to dance to the beat of their drum, not the other way around.

Good luck on your visa journey.

[Billious 32]

Thank you so much for the quick response. My initial inclination is similar to your advice - I'm just not certain if her work visa creates any conflict since she is technically already "in the US" for the purposes of immigration. As for getting to the consular appointment, it's really not a matter of taking time out of a busy schedule... it's when we are on contract, we are at the mercy of the ship. We work 7 days a week for the entire length of our contract, in her case 10 months. So she will not realistically be able to make any kind of consular appointment until next March.

So I think we'll do the legal wedding in November right away, and get the paperwork put in right away afterwards. Hopefully then the consular appointment will be at least 4 months down the line, and then from what I can tell, processing times average around 7 months total? Does this sound realistic?

[L+T 71]

Thank you so much for the quick response. My initial inclination is similar to your advice - I'm just not certain if her work visa creates any conflict since she is technically already "in the US" for the purposes of immigration. As for getting to the consular appointment, it's really not a matter of taking time out of a busy schedule... it's when we are on contract, we are at the mercy of the ship. We work 7 days a week for the entire length of our contract, in her case 10 months. So she will not realistically be able to make any kind of consular appointment until next March.

So I think we'll do the legal wedding in November right away, and get the paperwork put in right away afterwards. Hopefully then the consular appointment will be at least 4 months down the line, and then from what I can tell, processing times average around 7 months total? Does this sound realistic?

I'm not a total expert on this, but from what i know, you should be able to marry in USA, then adjust status without interview in her home country. As long as her original intent on the initial entry was not to marry you (which it wasn't, it was work), then this is all legal.

[X Factor 1,112]

Here is a quote I copied

If you are choosing between being engaged and applying for a K1 Fiancee Visa or marrying then applying for a CR1 Spousal Visa, the cost comparison is as follows

Costs of K1 Fiancee Visa (through to permanent residence)

$340 Fiancee visa filing fee, when you originally apply to USCIS

$200 Medical exam fee, just prior to the interview at the consulate

$240 Visa application fee, just prior to the interview at the consulate

$100 Vaccination review, just prior to apply for Green Card

$1,070 Green Card application fee, paid to USCIS

Total: $1,950

Costs of CR1 Spousal Visa (includes permanent residence)

$420 Spousal visa filing fee, when you originally apply to USCIS

$80 Affidavit of Support Fee, paid to Department of State (NVC)

$230 Visa application fee, paid to Department of State (NVC)

$200 medical exam fee, just prior to the interview at the consulate

Total: $930

While the K1 fiancee visa is more expensive, it also is about 6 months faster,

so in practice is the more popular choice 4 to 1.

[rocks 494]

If you file for K-1 you have to get married in USA so you wouldn't be able to get married in the Caribbean.

[Darnell 8,478]

i think if 'Adjustment of Status' path is available to you, you should take it.

[Billious 32]

Thank you all for your thoughtful replies!

If you file for K-1 you have to get married in USA so you wouldn't be able to get married in the Caribbean.

Luckily, one of our ports is St. Thomas in the U.S. Virgin Islands - and I believe that's where we'll be getting married.

i think if 'Adjustment of Status' path is available to you, you should take it.

I've been asking question over on the AOS board, and it's starting to look like that's actually a very feasible option - and would be precisely what we want... so unless I step on some large bureaucratic landmine, AOS is the path for me. Thanks everyone!

[L+T 71]

Thank you all for your thoughtful replies!

Luckily, one of our ports is St. Thomas in the U.S. Virgin Islands - and I believe that's where we'll be getting married.

I've been asking question over on the AOS board, and it's starting to look like that's actually a very feasible option - and would be precisely what we want... so unless I step on some large bureaucratic landmine, AOS is the path for me. Thanks everyone!

Be careful, if you marry in the islands not to enter foreign country before returning to states. After marriage you would want AOS before she leaves country, as if they found at border she is married to american they could deny with immigrant intent and ask her to get cr1 visa. (this is how it could work with visa waiver or B visa, not sure about working visa... you may be ok, but check into it)

[rocks 494]

Thank you all for your thoughtful replies!

Luckily, one of our ports is St. Thomas in the U.S. Virgin Islands - and I believe that's where we'll be getting married.

Just make sure that you do not enter the British Virgin Islands (or any other country) after you have entered the USVI. Make sure you fly directly to the US mainland after the wedding to apply for AOS. If you leave the USVI by boat this will cause problems as you will have left the US.

[Eveliina 0]

Hi,

I am assuming she has C1/D visa for working on onboard, that's what most of the crew members have.

With that visa she CANNOT adjust status in USA, so that is not an option for you.

http://travel.state.gov/visa/temp/types/types_5005.html

Also with K-1 you cannot marry in St Thomas and continue working onboard since she does in fact leave USA once the ship hits international waters and clears with the first foreign port. The ship still needs to pass the customs crew manifest inspection even if you would not personally have to go to present your passport.

I worked on cruise ships also when I got married to my USC husband, we did the CR-1 just because it was cheaper and fit our schedule better. I would recommend the same for you, you can get married in St Thomas and mail in the papers as soon as you get your marriage certificate out.

Also on a side note, getting the 10 days vacation in USA is entirely in the hands of the immigration officer when she signs off. I never got more than 24 hours to get my butt to the airport and out of USA no matter how much I smiled to the immigration officers. Especially in the port of Miami they are tough!

Will the crew office schedule her a later flight out of USA?

[Billious 32]

I am assuming she has C1/D visa for working on onboard, that's what most of the crew members have.

With that visa she CANNOT adjust status in USA, so that is not an option for you.

Discovered this last night, so it looks like we're back to deciding between K1 and CR-1... As the consular interview is the last step in either process, I'm now starting to lean back towards K1 (even though is is more expensive), as we could get the ball rolling now, as opposed to having to wait until November.

Also on a side note, getting the 10 days vacation in USA is entirely in the hands of the immigration officer when she signs off. I never got more than 24 hours to get my butt to the airport and out of USA no matter how much I smiled to the immigration officers. Especially in the port of Miami they are tough!

Will the crew office schedule her a later flight out of USA?

Hmm, that's interesting... this will be at Port Everglades. We arrange this through our crew officer - we ask for a flight deviation, then they book the flights. I'm assuming they wouldn't allow us to do that if there was some question as to whether immigration would allow it, but it's good food for thought and I'll be sure to look into that. Thank you so much for your insight!

[rocks 494]

Approval for the K-1 should take around 6 months, which would be around November if you applied now. She would need to be available to get a medical and have an interview at the embassy in the country she resides in after November. Would this be possible?

Edited May 1, 2012 by rocks

[Billious 32]

Approval for the K-1 should take around 6 months, which would be around November if you applied now. She would need to be available to get a medical and have an interview at the embassy in the country she resides in after November. Would this be possible?

First off, your avatar is awesome. Awesome-O in fact.

No, she wouldn't be able to do the medical or the consular appointment until March of 2013, but am I wrong in assuming that while we can't speed things up, we certainly can slow them down? Like, if she's offered an appointment in January, we can ask them to postpone to March?

I did think of a possible problem with the K1, however... we are intent on having our wedding this Winter while together on ship for reasons well outside of visa considerations - it has significance to us. If we're in the middle of the K1 approval process (say, we're at the stage where we're waiting for the consular appointment), and we get married - do we have to start over for the CR-1 track, or is there a way for them to roll with it? I suppose ultimately we can always do a ceremony together on ship, and do the "legal" wedding after she enters the US as a workaround.

You people are the best.

[Billious 32]

I did think of a possible problem with the K1, however... we are intent on having our wedding this Winter while together on ship for reasons well outside of visa considerations - it has significance to us. If we're in the middle of the K1 approval process (say, we're at the stage where we're waiting for the consular appointment), and we get married - do we have to start over for the CR-1 track, or is there a way for them to roll with it? I suppose ultimately we can always do a ceremony together on ship, and do the "legal" wedding after she enters the US as a workaround.

Scratch that, answered my own question in the FAQ... no legal wedding during the K1 process