Difference between K-3 and CR-1

[Nicole&Billy 0]

I am a Canadian citizen and currently engaged to an American citizen. We are planning on being married by October 2014. Any suggestions on whether to file for K-3 or CR-1? Is there a big difference?

Also, would filing for K-1 fiancé visa prior to being married be easier?

Thank you for any guidance!

note: I am planning on moving to the United States.

Edited July 14, 2014 by N.Alexopoulos

[gwenstar 66]

K-1 finance visa - once you file you would have to wait until that is processed and then you could move to the states and get married. I am not sure the processing times on the K1 right now - but it probably would be after October that you would get that approved. Check the current processing times.... i think it is around 4-5 months? K1 will get you into the states faster, but there is the delay in getting your employment authorization and you also have to adjust status to permanent resident. Total cost is a bit more than CR-1

CR-1 visa - you can't apply until after you are married and right now it is taking 1 year+ to get those approved. You also can not move to the states until that visa is approved. You can vacation here just fine but can not move. CR-1 takes longer to get, but once you have it you can work right away and are considered a permanent resident and do not have to adjust status.

It comes down to your specific situation and what works best for you. You can check out the wikis for more detailed info:

http://www.visajourney.com/wiki/index.php/K-1_Visa

http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas

I don't know much about K-3 visas...does not seem as common of an option partially because either the fiance or spouse visa will go through before a K-3. Just my observation on that one.

[Abby & Andre 27]

If you want to be married by October, a K-1 visa would not be approved in time. A K-1 visa is typically processed quicker than a CR-1, but with a CR-1 you receive your green card and can work sooner so it kind of just depends on which one you prefer. With the CR-1, you can get married in October and then send it in after the wedding.

Good Luck and Congrats!

[NikLR 13,232]

~~moved to what visa do I need from IR1/CR1 process and procedures~~

[Dualie 185]

K-1 finance visa - once you file you would have to wait until that is processed and then you could move to the states and get married. I am not sure the processing times on the K1 right now - but it probably would be after October that you would get that approved. Check the current processing times.... i think it is around 4-5 months? K1 will get you into the states faster, but there is the delay in getting your employment authorization and you also have to adjust status to permanent resident. Total cost is a bit more than CR-1

CR-1 visa - you can't apply until after you are married and right now it is taking 1 year+ to get those approved. You also can not move to the states until that visa is approved. You can vacation here just fine but can not move. CR-1 takes longer to get, but once you have it you can work right away and are considered a permanent resident and do not have to adjust status.

It comes down to your specific situation and what works best for you. You can check out the wikis for more detailed info:

http://www.visajourney.com/wiki/index.php/K-1_Visa

http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas

I don't know much about K-3 visas...does not seem as common of an option partially because either the fiance or spouse visa will go through before a K-3. Just my observation on that one.

K3 is pretty much obsolete now. There was a time where it would save married folks some waiting time, but that time is long gone. I think the odd one gets through but for the most part the CR1 cancels out the K3. Anyone out there who has been on here longer that I have and may know more can correct me if I am wrong.

[Nicole&Billy 0]

If you want to be married by October, a K-1 visa would not be approved in time. A K-1 visa is typically processed quicker than a CR-1, but with a CR-1 you receive your green card and can work sooner so it kind of just depends on which one you prefer. With the CR-1, you can get married in October and then send it in after the wedding.

Good Luck and Congrats!

thank you for your help!

[gwenstar 66]

K3 is pretty much obsolete now. There was a time where it would save married folks some waiting time, but that time is long gone. I think the odd one gets through but for the most part the CR1 cancels out the K3. Anyone out there who has been on here longer that I have and may know more can correct me if I am wrong.

Yeah - I have seen the same thing - CR1 cancels it out and doesn't help speed anything up at this point. Thanks for clarifying - I was not totally sure on it being obsolete but now I know

[Kolewenoik31 57]

Note:gwenstar directed you in the right procedure. K-3 again was used to expedite a spouse. But I have not seen many approvals although there may be a few from time to time. So basically you have two options. K-1 unmarried, CR-1 married. Processing times vary from case to case. Also some service centers are slower with processing times as well. So its basically up to you as a few have said.

[kehills 217]

Pennsylvania K-1 petitions go to TSC. TSC is currently running at about 7 months for processing (at least per other people's reports), although that could all speed up next week ("who knows" is their official motto). So, if you're ok living apart after you're married, and you absolutely MUST marry by this October, then you should plan on filing the CR-1 after marriage. You'd probably be able to move here some time around fall 2015.

If you don't want to live apart after you're married, then file the K-1 and anticipate permission some time around May-July 2015.

Sorry mate. It's not a fast process.

[Ed and Gina 45]

K1 takes 5 months...usually. Sometimes quicker. As others have pointed out, you'll have to adjust status after you're married. It will take a little more time to get work authorization - you can apply for it at the same time as you do the AOS for no additional charge. Could take 2 - 3 months to get the work permit.

CR1 does take about a year, from all reports. There are a very few from different countries where the petitions are going through more quickly - due to calamities (typhoons and other hardship).

The K3, as others have noted, is relatively rare these days. It's a hybrid visa that was created to get families together more quickly when visa petitions were taking a very long time. The USCIS claims that they are now processing K1 and CR1 petitions within the "alloted" 5 month period. That fluctuates constantly. As others have said, you can go the K3 route - you have to be married to do so - but, the likelihood that it will be merged with the CR1 petition is very high. (My wife and I were "fortunate" to get approved with a K3. Total processing time from I-130, to I-129F to Interview - 7 months. At the time that I submitted the I-130, the processing time was 9 months as a result of Obama putting his DACA program which jammed up USCIS with several months backlog!)

The additional cost to go the K1 route is around $800.00 - $1000.00 after all is said and done - that includes the cost for the Adjustment of Status ($1070.00). So, if you can wait to get married here after your fiance gets her K1 visa...you'll be together sooner. In 6 - 7 months? maybe.

Again, as others have pointed...the visa process is, indeed, quite the journey!!!

[Pitaya 2,577]

Welcome to the forum.

If you haven't already, take the time to review the pinned thread at the top of this forum's page, "Useful Guides...."

Good luck on your immigration journey.

[Nicole&Billy 0]

Thank you everyone for your help! We do not need to be married by October of this year .. we are flexible. We are planning a courthouse ceremony just to make it official to get the process started. with that being said... We are thinking about filing the K-1 visa. Question, will I need to get a background check? if so, will I need one from both Canada and USA? I know I have to get a medical check up as well. Thanks!

[NikLR 13,232]

K1 is faster to visa but CR1 is generally faster to green card. That means it's faster to being able to work, travel, citizenship, etc plus it's cheaper. But if simply being together faster or it doesnt matter where you get married, then a K1 may be the better route. The choice is individual.