How to choose between K3 and IR1/CR1?

[joshuah57 14]

First, I want to reintroduce myself. Last year, I was engaged to be married to a Bulgarian I met here in the states. Unfortunately, things did not work out and after she left, she soon "forgot" about me. As I started dating again, I wanted to keep it much closer to home. Fate, so it seems, did not agree. I started corresponding to a woman in Germany in November. She is a Romanian that has been in Germany for over 7 years working and going to school for nursing. She is about one year from finishing school. We have been emailing each other everyday and having a phone "date" every Saturday. Our average conversation is about 8-10 hours. I have never met or talked with anyone like I have with her. We both love each other very much and would like to get married. I will be visiting her in June for 2 weeks and July for another week. In October, she would come here for 2 weeks and we have decided we would like to get married then. She will still need to return to Germany so she can finish school. In roughly June of 2015, she should be done with school and we want to be together as soon as possible.

I have a few questions. Would there be any problem with us getting married here in October and her returning back to Germany afterwards? I am a little confused between the K3 and the IR1/CR1 visas. Even looking at the comparison chart, is there one that would get her here faster? How soon would she be able to work with either? If I am reading correctly, with the IR1/CR1 visa she could work immediately, but the process for her to get here would be longer? Does 9 months for a visa process sound doable for someone in Germany?

You have all been a great help in the past and I look forward to all your help with this. Thanks in advance.

Joshua

[Boiler 46,025]

Apart from the obvious comment about marrying somebody you have not even met yet, yes she can as a visitor and K# is dead, CR1 assume 15 months, DACA renewals ,may screw up things further.

CR1 means she can work on arrival but probably not as a nurse.

[Leatherneck 693]

I have a few questions. Would there be any problem with us getting married here in October and her returning back to Germany afterwards? No problem. I am a little confused between the K3 and the IR1/CR1 visas. Even looking at the comparison chart, is there one that would get her here faster? Should you get married, form I-130 is the proper petition to submit. How long you're married determines if IR-1 or CR-1 is issued. To keep it simple -- the K-3 visa case would be administratively closed and the I-130 processed. How soon would she be able to work with either? Very soon If I am reading correctly, with the IR1/CR1 visa she could work immediately, but the process for her to get here would be longer? See previous answers. Does 9 months for a visa process sound doable for someone in Germany? Yes, +/-, more on the plus side.

You have all been a great help in the past and I look forward to all your help with this. Thanks in advance.

Joshua

Edited May 4, 2014 by Leatherneck

[joshuah57 14]

Thank you for the replies so far. Very different thoughts I may add. I also thought of another possible difficulty. With her being a Romanian national in Germany, I am guessing for the interview, she would still have to travel to Bucharest? I would also be curious why nursing would be difficult for her here. Last I checked, nurses are in demand. Could this be possibly easier if she looking into moving here through a job? I know this is all a ways off yet, but I am just exploring options at this point.

On a side note, I would also have said planning marriage is crazy with even meeting someone before I met her. All I can say is I've never met anyone like her in my life. I have spent more time talking with her than anyone I've ever known and even most married couples I know. If it makes some a little happier, I will also be visiting her twice before we actually tie the knot.

[christeen 966]

If she is legally a resident in Germany, she can process there (but she will need some stuff from Romania paperwork wise). The reason she cannot work as a nurse IMMEDIATLY is that there are licenses and certifications that she would need to either get or have transferred, and that takes time... Forget the work visa thing, difficult and timing would not fit what you want... No need to choose visa, you file CR1, you can then file for K3, however there is a 99.2% chance it will be administratively closed...

[Boiler 46,025]

All I can say is I've never met anyone like her in my life.

I thought you had not met?

Google Nursing Retrogression.

[JE57 239]

Your situation like all on here is a little unique and in some ways like my own. A couple of concerns...

1) She will visit the USA in June and then in Oct. she will visit you here in the USA June.. She's in Germany but apparently holding a Romanian passport.. Romania is not from my research part of the VWP which means to visit the USA she'll need a B2 Visa. This is not guaranteed and in fact can be quite hard to obtain.

2) If she enters the USA with the intention of Marrying you then she needs to leave the USA and return back to Europe otherwise attempting to adjust status while she's in the USA would be considered visa fraud and the consequences are not good. So make sure she understands that marrying you in the USA is not good.

3) If Marry in Oct. 2014 then current timelines suggest that she would get permission to enter the USA about 15 months later. Basically figuring you submit the application Nov we'd be talking about Feb of 2016. It might be shorter or longer..

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So... My alternate suggestion, She'll finish her nursing education in June of 2015, I'd suggest you get engaged in Oct. if all goes well or maybe even in your second visit in July. Apply for a K-1 Visa (financee visa). Wait to get married until AFTER she finishes her Nursing education. The K-1 visa is processing fairly quickly thru the first stage right now figure start to finish 5-7 months. Once issued it's valid for travel to the USA for a little less than 6 Months. So if you apply in Oct. she should have a Visa in her passport by June. She can then enter the USA but can't work immediately. However, as she was waiting for work authorization she could be working on the Licensing mentioned in the posts above. about 3 months after you file AOS she'd get her authorization to work.

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The timing of all this gets tricky because you don't want her to come to the USA and marry you too early because she would run into a 2-3 month restriction on leaving the USA until she received advanced parole and even that would have it's limitations as to how long she could be out of country.

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Overall I think you're early in the process and when you do go in June make sure you take pictures and keep boarding passes as proof of having met in person. Read the K-1 Guide here and see if that works out best for the timing. Being married to someone residing in a different country than you sounds less than Ideal. Especially a Romanian passport holder who *MAY* not be able to visit you under VWP. If the goal is to have minimal time apart then I think K-1 and visa after her graduation is your best option.

[joshuah57 14]

Just an observation, but I do find one part of the visa process not so humorous. From what I am understanding, the time to wait for us to be together permanently would be shorter if we petitioned for the K1 visa? It is faster to get a fiancée to the USA than it is for a wife??

[Boiler 46,025]

K1 is currently a lot quicker.

[JE57 239]

Hello, Yes, the K-1 process is significantly faster at the moment. I expect it will remain so for the foreseeable future. BUT be aware as I mentioned above that there are significant restrictions to the K-1 as after you marry and file for your adjustment of status your new wife will be 'stuck' in the USA without the ability to leave or the ability to work until she receives a document 2-3 months later called Advanced Parole. IF she leaves the country without the AP document then she will have been considered to have abandoned her AOS and the only way she'll get back in is when you start the process all over filing for a CR-1 visa and then 15 months or so later she can come back and join you. SO... be sure if you are getting married on K-1 visa that she will be able to stay in the USA for figure 6 months to be safe before traveling outside the country. Keep this in mind on the timing. Good luck to the both of you.

[joshuah57 14]

I have another question please. With my previous relationship, I had started the K-1 visa process. The last letter I received about it was December 13th and that was that the NVC received the petition and was forwarding it to the embassy. I have done nothing or heard anything since. If I start another visa process, would I have to cancel that one first or would it have already expired? If I do cancel, who would I actually send the letter to? The embassy? The NVC? Both?