Trying to find the best option. American and Australian.

[ep1202 0]

Hey all!

Sorry if there is a place were I can answer my own question on here, but here's our current situation.

I am currently living in Australia and my visa states that I can stay here until Jan 2014. We plan on getting married before the end of the year here in Australia, but we arent locked into that. So is it better to get married and then go for the IR-1 or wait and go for the K-1 and wait to get married in the US?

[lost_at_sea 995]

Hi,

You won't get IR1, you'll get CR1, because you'll be married less than 2 years when you go for the visa.

Regardless, CR1 is better in my opinion. It costs less and you get a green card right away once you enter the US.

The K1 has the benefit of being faster to obtain (but not by much), but you have to marry in the US and then do the Adjustment of Status to get the green card.

Check out the guides link at the top - there's a comparison table.

Edited July 23, 2013 by lost_at_sea

[canadian_wife 1,822]

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

See the comparison guides

good luck

[Lainie B 465]

Hey all!

Sorry if there is a place were I can answer my own question on here, but here's our current situation.

I am currently living in Australia and my visa states that I can stay here until Jan 2014. We plan on getting married before the end of the year here in Australia, but we arent locked into that. So is it better to get married and then go for the IR-1 or wait and go for the K-1 and wait to get married in the US?

Hard to say without knowing your exact circumstances, but I would think CR-1 might be a better option than the K-1.

[fridgewater 15]

Definitely CR1, although I see many people still doing the K1, it is seen as obsolete by many, as it takes almost as long as the CR1 nowadays.

I personally am taking the CR1 route. If you're ready to get married, it can save you a lot of paperwork and money in the long run.

In fact we started with the K1, and after reading many blogs/opinions/websites and having our K1 package get lost in the mail on the way to the Chicago Lockbox, we decided to go ahead with the CR1.

I am very grateful now!

Good luck!

[The Mean Lady 604]

Definitely CR1, although I see many people still doing the K1, it is seen as obsolete by many, as it takes almost as long as the CR1 nowadays.

I personally am taking the CR1 route. If you're ready to get married, it can save you a lot of paperwork and money in the long run.

In fact we started with the K1, and after reading many blogs/opinions/websites and having our K1 package get lost in the mail on the way to the Chicago Lockbox, we decided to go ahead with the CR1.

I am very grateful now!

Good luck!

The k1 is not obsolete at all.

You are thinking of the K3.

[Ozz777 23]

Definitely CR1, although I see many people still doing the K1, it is seen as obsolete by many, as it takes almost as long as the CR1 nowadays.

I personally am taking the CR1 route. If you're ready to get married, it can save you a lot of paperwork and money in the long run.

In fact we started with the K1, and after reading many blogs/opinions/websites and having our K1 package get lost in the mail on the way to the Chicago Lockbox, we decided to go ahead with the CR1.

I am very grateful now!

Good luck!

K1 is a fiance visa. I believe you are thinking of a K3 which is the mostly obsolete marriage visa.

To the OP, marry or don't marry based on what you and your girlfriend want for yourselves, not based on a visa.

The marriage visa is cheaper, the fiance visa is supposedly quicker to bring her to the US, but she can't work and has to jump through more hoops.

[fridgewater 15]

Yes, apologies, I was thinking of the K3 (non-immigrant spouse visa) which is quite obsolete.

But I still feel that the K1 (if you're going to get married anyway), takes almost as long, entails more of the same paperwork as the CR1 and is more expensive.

Also, and I'm sure someone out there knows the correct answer, but I recall that there are restrictions on leaving the US on a K1, for the first two years.

I'm not sure about the not being able to work on a K1 as Ozz777 mentioned?

It's a long road either way, so be prepared! :-)

[The Mean Lady 604]

If you're trying to refer to being conditional for the first 2 years, you can leave as you please once you have your green card.

Just as long as you don't stay out longer than you are allowed to.

Even CR1 visas are conditional for the first 2 years.

There are restrictions on leaving during the AOS process until you receive AP.

Correct you can't work right away like you can with the CR1 visa.

Also, I agree, I think the K1 visa takes just as long as the CR1.

There are K1s that have been waiting for longer than CR1/IR1s and the opposite as well.

It's really about the same.

Edited July 23, 2013 by The Mean Lady

[lost_at_sea 995]

Yes, apologies, I was thinking of the K3 (non-immigrant spouse visa) which is quite obsolete.

But I still feel that the K1 (if you're going to get married anyway), takes almost as long, entails more of the same paperwork as the CR1 and is more expensive.

Also, and I'm sure someone out there knows the correct answer, but I recall that there are restrictions on leaving the US on a K1, for the first two years.

I'm not sure about the not being able to work on a K1 as Ozz777 mentioned?

It's a long road either way, so be prepared! :-)

When you enter the US on a K1, you will get married and file for adjustment of status, along with a work permit (ead) and travel permit (ap). You need ead to work and ap to travel outside the USA. It'll take about 3 months to get those, before which you can't work or leave the USA (if you leave before getting ap or aos, you'll have to start your journey over again with a i-130 for cr1 visa).

For the first 2 years, once your aos goes through, you'll be a conditional permanent resident, but you can still work and travel. You'll apply to remove the conditions just before your 2 year anniversary. This is the same if you enter on a cr1 (2 year conditional, but you can work and travel right away).

Edited July 23, 2013 by lost_at_sea

[fridgewater 15]

@lost_at_sea: I am super jealous how quick CR1's take through direct filing with the British Consulate :-)

3 Months... that's ridiculously quick! I'm hoping for a speedy 365 days my side. Oh well, the things we do for love!

@lost_at_sea: I am super jealous how quick CR1's take through direct filing with the British Consulate :-)

3 Months... that's ridiculously quick! I'm hoping for a speedy 365 days my side. Oh well, the things we do for love!

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion; OP is contemplating different visa paths.

[TBoneTX 45,308]

*** Thread moved from General Immigration Discussion to new "What Visa Do I Need?" forum. ***

[Darnell 8,478]

ep1201 - jan 2014 is just a sneeze around the corner, in terms of 'visa chasing' time and timing,

so

I think this is very poor planning, regardless of CR-1 or K-1.