CR-1 or K-1? Need advice given situation.

[r060106 109]

Hello everyone,

I'm new to the forum and am fairly new to all of this visa stuff, so please be patient with me if I don't understand or have missed something.

So here's my situation: my girlfriend and soon to be fiance is from Poland. Due to extenuating circumstances we'll be apart for about the next 2 or 3 years. This is because she'll be moving to the UK to work as a Midwife with the NHS and I can't leave my job in banking in the United States. Our plan is for her to work in the UK and get experience in medical English while saving up some money, then move to the states to live with me and find work as a midwife here. Given our predicament, we are having a hard time deciding whether to go the CR-1 route or the K-1 route.

We want the option that will consist of the least paperwork and headache as possible (for what that's worth) and are willing to wait , which is why at first we were thinking of doing the CR-1 after getting married in Poland. However, after giving it some thought we realized that because we'll be living apart for so long it might be very difficult to prove our marriage is bona fide, even though we plan on opening a joint bank account very soon and would see each other 2-3 times a year while apart. So that led us to believe that the K-1 would be the better way to go. However I'm not too keen on having her go through obtaining the EAD card, completing AOS and submitting a whole second set of paperwork after we get married. So given our situation can anyone please provide me with advice on what might be the better option for both of us?

I already don't like putting her through all of this, but know that it has to be done either way. Any and all advice would be greatly appreciated, as we kind of feel stuck between a rock and a hard place.

Thank you very much

[X Factor 1,112]

You can compare both options at this link or look at the "Guides" above

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

[r060106 109]

I have already looked at that page and understand the major differences between the two options. I'm just looking for advice from others given my situation, as I'm having a hard time choosing. So I'm hoping others' input will help steer me in the right direction. Thanks.

[hamigirl710 112]

Hello everyone,

I'm new to the forum and am fairly new to all of this visa stuff, so please be patient with me if I don't understand or have missed something.

So here's my situation: my girlfriend and soon to be fiance is from Poland. Due to extenuating circumstances we'll be apart for about the next 2 or 3 years. This is because she'll be moving to the UK to work as a Midwife with the NHS and I can't leave my job in banking in the United States. Our plan is for her to work in the UK and get experience in medical English while saving up some money, then move to the states to live with me and find work as a midwife here. Given our predicament, we are having a hard time deciding whether to go the CR-1 route or the K-1 route.

We want the option that will consist of the least paperwork and headache as possible (for what that's worth) and are willing to wait , which is why at first we were thinking of doing the CR-1 after getting married in Poland. However, after giving it some thought we realized that because we'll be living apart for so long it might be very difficult to prove our marriage is bona fide, even though we plan on opening a joint bank account very soon and would see each other 2-3 times a year while apart. So that led us to believe that the K-1 would be the better way to go. However I'm not too keen on having her go through obtaining the EAD card, completing AOS and submitting a whole second set of paperwork after we get married. So given our situation can anyone please provide me with advice on what might be the better option for both of us?

I already don't like putting her through all of this, but know that it has to be done either way. Any and all advice would be greatly appreciated, as we kind of feel stuck between a rock and a hard place.

Thank you very much

There are many who get married and do not apply for the CR-1 right away. You can still create joint accounts and visit her like you said. Just save up all the evidence of trips and correspondance. Phone bills and email records showing you have daily communication etc.. I would do this and build the relationship in this manner and when you are ready you can send the paperwork in with the documentation you have collected. Also once you have been married over 2 years the CR-1 (conditinal resident 2 year green card and the need to adjust status to remove conditions) will be changed to an IR-1 (immigrant resident which give the immigrant a 10 year green card and permanent residence status) so there is benefit to getting married in my opinion.

I married my husband in 2010 and because I knew that I could not meet the support requirements we have waited to file until I got my degree and a higher paying job. So I am talking about this from my experience and point of view only. There may be others with a different point of view so it is ultimately your choice in the end.

[Matsiepan 6]

Personally, given the fact that you are going to be apart for a few years I would go the CR/IR route. Get married and when she is finally able to be with you she will be issued a 10-yr GC, you don't have to go through the hassle as you noted that comes with the K-1 once she gets here. She can work fairly soon after (providing there are no mess-ups with Social Insurance and GC production)as opposed to having to wait for EAD etc. This is actually the route my husband and I are going (we have delayed our I-130 submission by a few months to ensure our finances are more secure and to figure plans after he is discharged). We don't like the time apart, but we figure if we delay now it will save us a much greater headache later on.

You can do a great deal between now and then to substantiate a bona fide marriage case (joint property, bank account, insurance, lease, trips, phone logs, etc) and many couples live in the U.S. on separate coasts and can prove the same, so I would worry a little less about this if this is your main concern. I would focus on whether the extended time apart is what you are both willing to handle.

Edited September 17, 2012 by Matsiepan

[r060106 109]

Personally, given the fact that you are going to be apart for a few years I would go the CR/IR route. Get married and when she is finally able to be with you she will be issued a 10-yr GC, you don't have to go through the hassle as you noted that comes with the K-1 once she gets here. She can work fairly soon after (providing there are no mess-ups with Social Insurance and GC production)as opposed to having to wait for EAD etc. This is actually the route my husband and I are going (we have delayed our I-130 submission by a few months to ensure our finances are more secure and to figure plans after he is discharged). We don't like the time apart, but we figure if we delay now it will save us a much greater headache later on.

You can do a great deal between now and then to substantiate a bona fide marriage case (joint property, bank account, insurance, lease, trips, phone logs, etc) and many couples live in the U.S. on separate coasts and can prove the same, so I would worry a little less about this if this is your main concern. I would focus on whether the extended time apart is what you are both willing to handle.

Thanks for the input you guys! As far as joint property, I don't think we'd be able to do that given our situation. The bank account and insurance yes, but the property no. So property and bank accounts aren't the only ways to prove that your marriage is bona fide? Phone logs and emails are proof too? I always thought it had to do with property or anything that was held jointly, rather than just emails etc.

One other thing: is the adjustment of status in the CR-1 the same as the AOS in the K-1, or does the former require less paperwork etc.? I guess I've never really known the difference between the two. If they're the same, I guess the only other route would be the IR-1 for us, seeing as we don't want to have to go through more paperwork after she gets to the U.S. Would that be a correct observation? Thanks again. I really appreciate it.

Edited September 17, 2012 by Rysiu227

[hamigirl710 112]

Thanks for the input you guys! As far as joint property, I don't think we'd be able to do that given our situation. The bank account and insurance yes, but the property no. So property and bank accounts aren't the only ways to prove that your marriage is bona fide? Phone logs and emails are proof too? I always thought it had to do with property or anything that was held jointly, rather than just emails etc.

One other thing: is the adjustment of status in the CR-1 the same as the AOS in the K-1, or does the former require less paperwork etc.? I guess I've never really known the difference between the two. If they're the same, I guess the only other route would be the IR-1 for us, seeing as we don't want to have to go through more paperwork after she gets to the U.S. Would that be a correct observation? Thanks again. I really appreciate it.

They will consider emails and phone records and airline tickets, pictures, affidavits from friends and family, etc..... Anything you see as proof of an ongoing bonefide relationship. Having joint bank accounts, insurance policies etc.... The CR-1 would be filed using form I-130. ANd like I explained if you are married more than 2 years she will get a 10 year green card and can apply for citizenship after 3.5 years of living in the USA. SO after you finished the CR-1 process you would not have to deal with immigratin for either 10 years or less if she wants to become a citizen.

with CR-1 if she enters the USA before you are married 2 years she would have to adjust status after 2 years same as K1 asking for removal of conditions.

If she enters the USA after you have been married for 2 years she will not have to adjust status and will have 10 years.

with K-1 she will have to adjust status and apply for work permit and then get a 2 yr green card and adjust again after it is expired by requesting removal of condiditons.

In the long run getting married and waiting the 2 yr time frame and getting the IR-1 is the most cost effective. That is if you can stand the wait!

Edited September 17, 2012 by hamigirl710

[amykathleen2005 441]

So the least amount of money spent would be to get married now so you can file IR1 in two years or more after marriage. She enters with a a 10 year greencard and she's done. No more adjustments or removals of conditions.

[Ryan H 3,812]

(conditinal resident 2 year green card and the need to adjust status to remove conditions)

she would have to adjust status

she will not have to adjust status

Your use of the term "adjust status" when talking about a spousal visa holder is not a correct term to use when talking about a spousal visa holder. Spousal visa holders, regardless of how long they have been married to their US Citizen spouse never adjust status, ever because they become LPR's on entry which negates the need to adjust status. What spousal visa holders do (and you did correctly point this out) is remove conditions on residence by filing to do so within 90 days before their green card expires.

[hamigirl710 112]

thanks for correction i know in my mind what i wanted to say and did say adjust status by removal of conditions. sorry if i did not articulate correctly and i am glad you caught it

[NikLR 13,227]

The way I understand it, and I'm sure I'll be corrected if I am wrong, if you file for a K1 visa (I-129F petition), after it is complete she needs to move to the USA and you have to be married within 3 months of the visa being issued (or of her POE, I'm not sure which.) With her being in the UK for the next 2 years, this means you wouldn't be filing anything for about a year and a half (or so.) You'd have plenty of time to join accounts etc, and plan a wedding. However it is the more expensive route.

You can get married anytime and then use the I-130 petition and file for the CR1 (or IR1) visa within a year give or take 6 months, of her being able to move to the USA. You have less time to plan a wedding and do paperwork, but the cost is almost half.

If you get married fairly soon, she may qualify for the visa that allows her to get the 10 year green card vs the 2 year green card by the time her work contract in the UK is done.

Maybe the best thing is for you two to write pros and cons, separately, and compare. Make the choice that is best for you two, as a couple. Good luck to both of you!

[r060106 109]

Your use of the term "adjust status" when talking about a spousal visa holder is not a correct term to use when talking about a spousal visa holder. Spousal visa holders, regardless of how long they have been married to their US Citizen spouse never adjust status, ever because they become LPR's on entry which negates the need to adjust status. What spousal visa holders do (and you did correctly point this out) is remove conditions on residence by filing to do so within 90 days before their green card expires.

How comparable in terms of paperwork and hassle is the removal of conditions to adjustment of status? I think that's something I'm not very clear on. Is removal of conditions even complicate when compared to AOS? Thanks again for the replies. They really help.

[amykathleen2005 441]

How comparable in terms of paperwork and hassle is the removal of conditions to adjustment of status? I think that's something I'm not very clear on. Is removal of conditions even complicate when compared to AOS? Thanks again for the replies. They really help.

Removal of conditions is essentially another AOS two years later. Same questions, same evidence (although they expect more after two years of being together).

[r060106 109]

Removal of conditions is essentially another AOS two years later. Same questions, same evidence (although they expect more after two years of being together).

Wow, that's comforting. So basically the only way to avoid all of the additional rounds of paperwork is to be married for two years and one day, and then apply for the green card? If that's the case, then it seems to me that there really is no difference in the amount of paper work when comparing the K-1 to the CR-1, given the need to adjust status with the former and remove conditions with the latter. So frustrating. Thank you very much.

[amykathleen2005 441]

Wow, that's comforting. So basically the only way to avoid all of the additional rounds of paperwork is to be married for two years and one day, and then apply for the green card? If that's the case, then it seems to me that there really is no difference in the amount of paper work when comparing the K-1 to the CR-1, given the need to adjust status with the former and remove conditions with the latter. So frustrating. Thank you very much.

Well with a K-1 you need to do it twice though. You get the visa, marry, file AOS, wait 2 years and file ROC. For CR1 you get the greencard and visa together, wait two years and file for ROC. And yes, as you said if you are married for longer then two years they would put you as an IR1 which means you get the visa and 10 year green card and not have to file anything unless you want citizenship(which can be added as another step to the other processes as well).