Visa questions from a newbie :p

[Voyager7 3]

Please forgive my ignorance :S I'm new to all this visa stuff!

1. I want to bring my fiance here to the USA. In a few months though, I will be traveling to visit him(in Malaysia).

So, my question is, which would be the best route to go? Marry there and try to get the spouse visa, or just visit him and bring him here as fiance, after I return?

2. I was reading about a visa(I think the CR-1) it said the NVC would transer to the Consulate in his home country. He's currently not living in his home country, he is studying in another country. Would he NEED to travel back to his home country, or is it possible for him to go to consulate at current location.

If anyone could help answers these questions, Id sooooo appreciate it.

[Bjorn&lyne 20]

From what I have read again and again, it takes longer to get a spouse visa than a fiancee visa. K-1 seems to be faster processing by a few months.

[TwoChickies 105]

1. I think the problem with this is you may have misunderstood the K-1 process a bit. It wouldn't be as simple as going there and bringing him back with you. You have to file the K-1 petition and be approved first, then bring him to the US and get married within 90 days. Then you file adjustment of status (AOS) for him to become a permanent resident. K-1s used to seem to move fairly quick compared to the CR-1s, but right now everything is slow. Lots of K-1s take 8-10 months, and a CR-1 takes about 8-12. Of course it's all individual, but these are the estimates I've seen.

2. Generally the interview for the CR-1s does take place in their home country. I believe you can attempt to have the consulate changed though. How successful that is, I couldn't tell you.

Before my husband and I decided on the CR-1 route, we looked everything over and it seemed the best option for us. In our eyes (please realize these were our opinions alone, and not the right choice for everyone), it was like this:

K-1:

- 8-10 months (so essentially just as long as a CR-1)

- slightly more expensive

- he wouldn't immediately be able to work, get a SSN, license, etc. (would be another months long wait of him essentially being a tourist until his green card was approved)

- more paperwork and waiting because of AOS once in the country and married

CR-1:

- 10-12 months

- slightly less expensive

- would immediately be recognized as a permanent resident when he crosses the border, and theoretically could start living his new life that day

Edited February 6, 2015 by TwoChickies

[Voyager7 3]

Thank you for the replies No I understand that I can't bring him back with me ( darn it!). We are just trying to decide whether to marry when I'm there, then I return back here, we try for a spouse visa or not marry and try for the fiance visa

Wasn't sure if one route is better though.

[TwoChickies 105]

It's all so individual, everyone's circumstances are different and each route will serve someone better than the other. I'm sure you guys will figure out which is best for you.

I hope it's not too much waiting or time apart for you two! Best of luck.

[Dualie 185]

1. I think the problem with this is you may have misunderstood the K-1 process a bit. It wouldn't be as simple as going there and bringing him back with you. You have to file the K-1 petition and be approved first, then bring him to the US and get married within 90 days. Then you file adjustment of status (AOS) for him to become a permanent resident. K-1s used to seem to move fairly quick compared to the CR-1s, but right now everything is slow. Lots of K-1s take 8-10 months, and a CR-1 takes about 8-12. Of course it's all individual, but these are the estimates I've seen.

2. Generally the interview for the CR-1s does take place in their home country. I believe you can attempt to have the consulate changed though. How successful that is, I couldn't tell you.

Before my husband and I decided on the CR-1 route, we looked everything over and it seemed the best option for us. In our eyes (please realize these were our opinions alone, and not the right choice for everyone), it was like this:

K-1:

- 8-10 months (so essentially just as long as a CR-1)

- slightly more expensive

- he wouldn't immediately be able to work, get a SSN, license, etc. (would be another months long wait of him essentially being a tourist until his green card was approved)

- more paperwork and waiting because of AOS once in the country and married

CR-1:

- 10-12 months

- slightly less expensive

- would immediately be recognized as a permanent resident when he crosses the border, and theoretically could start living his new life that day

With the latest slow down and backlog of K1 visas it almost makes more sense to do the CR1, however only if it works for the couple. Like you, it proved to be the better option for my husband and me, as I have a life to tie up in Canada before I am ready to move.

Whichever visa you choose, OP, it is best to research all your options and find out as much as you can about the processes. And for that, you have come to the right place. Read the guides provided here on VJ and ask lots of questions. Whichever you choose, good luck on your journey!

[Ryan H 3,812]

***Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum; OP is considering different paths.***

**Moderator hat off**

2. Generally the interview for the CR-1s does take place in their home country. I believe you can attempt to have the consulate changed though. How successful that is, I couldn't tell you.

Incorrect, CR-1 interviews are conducted in the country the applicant resides in, regardless of citizenship. There is no requirement or need to go back to their home country nor is there any need to "attempt to have the Consulate changed" as the NVC will assign the file based on the current address.

Edited February 7, 2015 by Penguin_ie

[TwoChickies 105]

***Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum; OP is considering different paths.***

**Moderator hat off**

Incorrect, CR-1 interviews are conducted in the country the applicant resides in, regardless of citizenship. There is no requirement or need to go back to their home country nor is there any need to "attempt to have the Consulate changed" as the NVC will assign the file based on the current address.

Well all righty then.