Which visa? K-1, K-3, or CR-1

[Andrew83 0]

Hi everyone,

So Ive been reading around about differences in the K-3, K-1, and CR-1.

My fiancé and I are torn between doing the K-1 because supposedly it's much faster, or getting married in her native country (Colombia) and then doing the K-3 or CR-1 immediately afterwords and dealing with possibly waiting much longer. If there wasn't much difference in the wait times (we'd get married in late September/ early October if we didn't go for the K-1 fiancé visa), we'd stick with the plan of getting married in Colombia, and she'd go back to Madrid where she lives and is a legal permanent resident, to see out the visa process. If there was a large difference in her coming to the US, say 3 or 4 months, we'd get a head start and get started on the K-1 now.

Any advice on which would be best for us? I know some places (like the middle east or parts of Asia) take much longer than other places, but she'd be doing it out of Madrid, not sure if anyone has experience or insight in that, if it would possibly put our visa on the shorter end of the time expectancy. I know that the CR-1 is better all around and cheaper, but if us being together would be significantly shorter with the K-1, we would strongly consider it.

Any advice would be extremely useful as we are trying to just NAIL DOWN a plan after going back and forth since we became engaged. Also, is any of my thinking flawed here? For example if something I said about hypothetical plans isn't a possibility or something, or if there is a better option I haven't thought of, please let me know.

Again, I'm fairly convinced that the CR-1 would be the best option...if our main objective wasn't to be together in the US as soon as possible and just start our life. If it's all about the same, then Im sure we'll do it that way. If not, we'll get a head start on the fiancé visa by filing ASAP. Now that I think about it, if we went with the K-1, we'd get a 3 month head start on filing it now as opposed to getting married and filing in October. AHHH this is driving me nuts! Either way, thank a ton for any input.

[dwheels76 5,468]

Now that I think about it, if we went with the K-1, we'd get a 3 month head start on filing it now as opposed to getting married and filing in October. AHHH this is driving me nuts! Either way, thank a ton for any input.

Exactly what I was thinking. With how it is going really start to finish should be 6 to 8 months maybe soon maybe later. But you can file NOW like you said and get that 3 months marry when you get here.

Look at me CR1 Visa was in USCIS (First Stage ) 100 days. They said 5 months is the norm mine was 3 months 1 week 4 days. Now NVC stage hopefully it will go fast. I may be through this whole thing in 6 months. But I am not the norm. That's why comparing timeliness will drive you nuts.

I guess the key question is the embassy you will be interviewing at do they look favorably on K1 visa filing. Is it an issue. Is it a tough embassy (I doubt it its Madrid for goodness sake.

K1 get my vote !

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion; OP is asking for information about two different visa processes.

[Xanax 349]

The K-3 is obsolete so count that out.

When deciding between the K-1 and the CR-1.

Think about 1) where you want to get married, 2) how important is for you to be together once you are married and 3) if it is important for your fiancee to be able to work straight away or if it is ok to wait 3-4 months before they are eligible to work.

[canadian_wife 1,818]

Rid the K3 from your mind

Look at the comparason guides

http://www.visajourney.com/content/compare

Good luck

[Andrew83 0]

Ok thanks everyone for the replies. I think we've decided on the K-1 visa just because it's faster and it's not that important that she works right away when she arrives.

Can someone still travel while the K-1 is in process? For example I think we are going to file the I-129F this week, but she'd still like to make a month long trip to Colombia with her family in September. Is there any conflict here? The way I see it is, she'd be back in October and hopefully there'll be something in her mailbox from the Madrid Consulate detailing what she needs to do. Once everything clears the NVC and all the stateside part of things, how much time does she have to gather documents (obviously we'll get started on that as well now) and finish the visa process in Madrid?

In the end, while it seems that there are always exceptions to the rule, the CR-1 could be up to 3+ months longer of a process AND we'd have to wait 3 months longer just to start it as opposed to the fiancé visa. So to sum up, could she travel (not to the US) while this is being processed? Is there a deadline to complete it once it reaches the Embassy stage in Madrid?

Thanks again!

[canadian_wife 1,818]

Ok thanks everyone for the replies. I think we've decided on the K-1 visa just because it's faster and it's not that important that she works right away when she arrives.

Can someone still travel while the K-1 is in process? For example I think we are going to file the I-129F this week, but she'd still like to make a month long trip to Colombia with her family in September. Is there any conflict here? The way I see it is, she'd be back in October and hopefully there'll be something in her mailbox from the Madrid Consulate detailing what she needs to do. Once everything clears the NVC and all the stateside part of things, how much time does she have to gather documents (obviously we'll get started on that as well now) and finish the visa process in Madrid?

In the end, while it seems that there are always exceptions to the rule, the CR-1 could be up to 3+ months longer of a process AND we'd have to wait 3 months longer just to start it as opposed to the fiancé visa. So to sum up, could she travel (not to the US) while this is being processed? Is there a deadline to complete it once it reaches the Embassy stage in Madrid?

Thanks again!

Yes, she may travel to Columbia

Good luck

[Mononoke28 134]

I personally think the CR1 is the best way to go. Yes, you can file for the K1 now and have that three month head start, however, she will have to file for AOS once she gets here which is not only an additional $1070, but she will also be without a work permit/advanced parole for at least 3-6 months, longer to get her permanent residency. Even if she doesn't plan to work or travel right away with a K1 visa she can't even get a driver's license until she gets her work permit. I've read a lot about people who go absolutely crazy at home during that time because they can't do anything without those documents.

Diana

[MrsSuarez 2]

I agree with Diana! if you want to travel outside the States for a honeymoon or a quick trip you can do that but she will not be able to enter the US. With your CR1 you can travel right away because once you go through the port of entry. she would be a legal permanent resident and will get her green card approxmately 20 days after she is here

[Andrew83 0]

Actually I really don't think she cares about traveling soon after. Plus she's never been to the U.S. so a stateside honeymoon wouldn't be terrible. I appreciate all of the advice. And I know that the CR-1 overall is better,cheaper and all but we did the math: Based on the processing time charts (from what I can understand! haha) the difference in the K-1 and CR-1 is about 2 months, and we can also start the K-1 3 months earlier...so that's like 5 months faster that we can just start our life in the US.

Working won't be her top priority, and traveling isn't either. How long before she can do either with the K-1? I think I read somewhere between 3-4 months...

But is the CR-1 really THAT much better that it would be worth waiting 5 months or more longer?

[canadian_wife 1,818]

She cannot to anything with the K-1. The K-1 visa is a single entry visa and then it is void

Once you marry her and file for her adjustment of status, you can also send in the papers for her work and travel documents. After that is submitted then it taks about 90 days.

So, how long after she enters the US can she work and travel? That depends on when you file for adjustment of status. Keep in mind, lost of people dont' think it is necessary because work and travel isn't important as other factors. But what if there is an emergency and she must travel out of the US but doesn't have her documentations?

Good luck

[Andrew83 0]

all very good points. I think we would get married like immediately, and file ASAP. The emergency thing is a good point, but I mean IF something bad happened, I think we'd just leave and accept the fact we'd have to start over and do a CR-1. But, we're not counting on any tragedies in the first 90 days haha.

We're still on the side of the K-1 right now. Money isn't a problem in terms of the CR-1 being cheaper (although it would be nice, we aren't RICH), and her working can wait 3 months. Personally I'd like her to wait a while, get accustomed, improve her English, etc. for a little while before jumping into the rat race of life. Travel, not ideal, but we'll be too broke to travel for a while after all of this anyway. Surprisingly, she isn't too too worried or disappointed about not being in Colombia for the wedding and not having many friends and family....actually almost none...I'm not sure what the requirements for tourist visas are ( I know, another topic for another thread), but her mom has a very average job, and her 2 sisters are students and don't have jobs (all Colombian nationals, legal residents of Spain, living in Madrid), and likely can't come to a stateside wedding. For both of us, although we see the advantages of the CR-1, i think the most important thing is that we are separated the least amount of time. That seems to be the K-1 by far, especially since we have a 3 month head start in filing it.

But, I very much appreciate everyone's comments and perspectives. Although, I'm still leaning on the K-1, I'd still appreciate more input. Either confirming our decision or others things to consider with the CR-1...like maybe it's not THAT much slower than the K-1 for example or I don't know...

Again thanks! This board is really helping me feel like I'm not alone with Google to try and figure everything out. I'm sure I'll be here all the time for the next X amount of months. Haha