CR-1 or K1 visa?

[Dutch88 27]

What would be the safest way to go? If my girlfriend would come to my home country (Netherlands) and we marry here we can apply for a CR-1 visa right? Does that give a bigger chance of being accepted? What happens if I visit under the VWP, marry and apply for AOS?

Ive been doing a lot of reading but I can't figure out what is the best way to go.

[Pitaya 2,577]

~Moved from IR1/CR1 Process to What Visa Do I Need Forum~

~Inquiry about family visas~

[Kastrs 723]

Not What happens if I visit under the VWP, marry and apply for AOS? It is fraud to come on the VWP with intent to immigrate.

As for CR1 v K1, the neatherlands is what I would call a low risk country. I am guessing you do not have any major red flags. Really it is a matter of preference. The CR1 will likely take a little longer, but it will be cheaper and your spouse will have a green card and be able to work on arrival. The K1 will probably be a little faster, but it is more expensive, and your fiance will not be able to work until after you have gotten married and filed for adjustment of status. Also beforeyour fiances EAD/AP is approved (which allows the foreign spouse to work and travel before receiving the green card) if for any reason your foreign spouse needs to leave the country you will need to file a CR1, because the adjustment of status will be considered abandoned.

As for where to get married and then file for a CR1, it does not matter if you are married here or there. Just make sure if you are married in the US, you file for your CR1 and return to your home country before your 90 days on the VWP is up.

Edited June 24, 2015 by Kastrs

[Dutch88 27]

Thank you that explains a lot. So what if for example I would bring my fiance back to the Netherlands, marry there, and then go to the US on the VWP and file for AOS? Is that also considered illegal? Or do I have to go back within 90 days?

[Transborderwife 4,666]

Yes, that's considered fraud

[Dutch88 27]

Ok thank you. So either way I have to stay in the Netherlands and wait for my visa? I miss my fiancee a lot, im guessing the K1 is the best and quickest option then.

[Zedayn 485]

If you want to come to the US to stay and adjust, you either need to enter on a K-1 visa and marry in the US...or marry in your country and enter on a CR-1 visa. Each process (K-1 or CR-1) has their pros and cons. A good comparison is located here: http://www.visajourney.com/content/compare

[NikLR 13,227]

Please note that CR1 visa holders do not adjust their status. They are granted a green card upon entry.

[Jenvds 15]

I would DEFINITELY not come with the intent to marry and adjust status!

That is what my husband and I had planned to do. We had no idea it was fraudulent, because 2 immigrants I know very well did exactly that and no one batted an eye. We thought it was perfectly acceptable because I knew 2(!!!) people who came that way.

But what ended up happening for us was my husband (then boyfriend) was refused entry and told he would need a visa to enter the US again. He can no longer travel on the VWP. From what I understand it could have been much worse (like a ban from the US!)

They didn't do that because they knew we genuinely were not try to break any laws. We were completely ignorant. We were also extremely honest throughout the "interviews" with the border agents. I'm so grateful he wasn't banned!

Don't risk it. Please!

In the end we have decided to marry and are currently applying for a CR1.