K3 vs. IR1/CR1 speed in terms of being permitted to work in the US

[bernie_elizabeth 2]

My fiance and I are trying to navigate the immigration process and are thinking it might be faster and to our own benefit to get married before applying.

She lives in the UK (she's a British citizen) and I live in the US.

My question is whether applying for either a K3 or IR1/CR1 visa would allow her to work immediately upon arrival in the states once approved. And if so, which one is faster. We'd like for her to be able to move her sooner rather than later, and from what I've read online it seems like the processing time for the I-130 is almost a year, whereas if we just applied for a fiance visa with the I-129, she could be eligible to move here in 6-7 months. But the I-129/fiance visa would mean she has to wait 90 days for the work authorization to go through.

I'm getting confused on the differences between the K3 and IR1/CR1 visa, in terms of which takes longer and which one would mean her not being able to visit the states while it is processing, as well as permission to work.

If anyone has any tips or links to specific USCIS wording for these issues, it would be much appreciated!

[Pitaya 2,577]

~Moved from IR!/CR1 Process to What Visa Do I Need Forum~

~Inquiry about K3 vs. IR1/CR1 visas~

[Harpa Timsah 13,258]

K3 is basically unobtainable, so I wouldn't give it any thought.

When it was available, it did not give the right to work immediately upon entry. CR-1 does.

[bernie_elizabeth 2]

Thanks. Do you or does anyone else know if CR-1 takes a lot longer than the fiance visa would?

Also, would she be able to visit with a CR-1 pending?

[Jeremy12095 8]

Basically they take the both amount of time. I married my wife overseas and I tried to do the I-130 first then the I-129F to save time and the I-130 was approved before the I-129F and the I-129F was canceled.

The fiancée visa is good if you are not married, its a non immigrant visa that requires AOS. She could apply for work permission under the K-1 visa while the AOS is pending but if you can marry her then that would be better. She would come to the USA under the CR1 visa and when she gets her green card then they apply for her SSN and its all done then she can work.

The fiancée visa she gets here, submits for the work permission, you get married with in 90 days and you must submit the AOS.

In your case you aren't married yet.. You can check processing times https://egov.uscis.gov/cris/processTimesDisplayInit.do;jsessionid=bacXD1OC9RCyFagQNRyeu

From a financial standpoint its cheaper to just get married and file for the CR1, after 2 years you and your spouse do the removal of barriers and they issue the 10 year IR1 visa. On the 3rd year anniversary ( u can do 90 days before) your spouse can submit for American citizenship if she wished to.

The I-129F is $340, The work permission is $465, AOS is $1070... Removal of barriers $590...

The I-130 is $420 , the removal of barriers is $590..

So I mean it just depends on what you want to do.

http://www.uscis.gov/sites/default/files/USCIS/Resources/A2en.pdf

According to the USIS for CSC both petitions are being processed in 5 months average. It took me 10 months total from start to interview.

[Harpa Timsah 13,258]

Right now, CR-1 is taking a lot longer. K-1s are going very fast, but that could change at any time.

She can visit during both processes.

To the person above me: The work permission is free. Please don't make repeated guesses about the K-1 process if you are not aware of what it entails.

You are also missing fees for the CR-1 visa, so..... yeah....

[Hotter Otter 1,211]

As a UK citizen she could visit on the VWP while the visa is pending.

K1 is currently much faster but who knows with USCIS, that could easily change soon. Just don't file a spousal visa and then a K3 concurrently to try to "speed things up". At best the K3 will be cancelled when the I-130 is approved, at worst it will slow your petition down!

[bernie_elizabeth 2]

Thanks everyone. That cleared up some general things for me.

So, when I look at the listings for "Processing Times" at Visa Journey, the I-130 would be the wait time if we applied with a CR-1, the I-129 would be if we applied with a K1, correct? Just want to make sure I'm reading that right, because obviously that makes quite a difference.

My only other question, actually, is if you can choose your interview date or if the Consulate just tells you when you have to be there.

Thanks again!

[Harpa Timsah 13,258]

Yes, the petition is a part of the equation (and your petitions are right), but there are more parts to the process too. Once the petition is approved, then you move on to other parts.

The CR-1 has a long time at NVC, doing visa preparation stuff.

Both have some wait time for the interview to be scheduled.

[Jeremy12095 8]

Right now, CR-1 is taking a lot longer. K-1s are going very fast, but that could change at any time.

She can visit during both processes.

To the person above me: The work permission is free. Please don't make repeated guesses about the K-1 process if you are not aware of what it entails.

You are also missing fees for the CR-1 visa, so..... yeah....

Sorry for the error. According to USCIS's website the filing fee for Work Permission is $380 and under the instructions K1 visa is not listed as an exception.

However if you wish to file for the K-1 visa before submitting the AOS then you need to pay, If you file the AOS there is no fee for the work permission provided you file both forms together. I should have been more clear than that.

And yes I am missing some fees for the CR-1 visa such as medical exam fee, interview fee and any translation fees if required.

Heres a section off the USCIS website.

"

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

"

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

Sorry again for the errors.

Edited February 27, 2014 by Jeremy12095

[Jeremy12095 8]

Note to self there's no real reason to apply for the work permission before the AOS. That doesn't make sense at all.

[bernie_elizabeth 2]

Thanks!

From the wording of what you pasted from the USCIS site, it seems like there's a way to get temporary employment authorization for 90 days, before you apply with I-765. Am I reading that right, or is that just in special circumstances?

If anyone has experience with applying for a K1 visa and the immigrant being able to work upon entrance, that procedure would be helpful!

[Harpa Timsah 13,258]

It doesn't work. It is possible to apply, but it takes about 90 days to be approved, and it will expire when the I-94 does. The I-94 is the period of authorized stay the K-1 entrant is given upon entry. Guess how long that time is? 90 days. So, the EAD will expire around the time you actually get it.

Trust us, a K-1 cannot work on entry. But you can minimize the non-working time by marrying soon after entry and filing AOS right away. In the meantime the immigrant can look for work.

[bernie_elizabeth 2]

Ok, great, that was my impression. Thanks very much!

[raven52 233]

There are going to be cases, both I-130 and K-1, that vary greatly, and has exceptions.

But, if you want your fiance with you, and working sooner, then the K-1 is the way to go!

You "should" be approved in 3-5 months, some are 30 days, (right now, who knows what the future holds)

Do not delay your marriage after entering on a K-1, then apply for AOS, (my wife had EAD?AP in 59 days).,.,,. right to work, and travel permit.,., and so problems! Just follow the guidlines on this site, with the K-1. The AOS, is no big deal, if you have your paperwork in-line!

IF you go with I-130.,.,,. 12-14 months, maybe longer.,., read this site it backs up what I have said.!!!