K1 Visa's and marrying outside of the US

[MarkBUK 0]

My partner (a USC) and I have discussed starting the K1-fiance visa procedure and filing for the I-129F so that I can eventually move to and work in the US. We've looked at the timelines and the costs but we've also discussed the possibility of us getting married here in my home country England and then once we're married starting the necessary procedure for me to get a green card so that I can live and work in the US.

Have any US citizens married outside of the US and then bought their spouse back to the US to start the application for a green card? How does the procedure compare to the K1-visa option with respect to obtaining a work-permit?

Thanks

[KarenCee 3]

I'm sure you've read that with a K1 you have to marry here in the US. As to the timeline from start to finish, that varies so much. To marry in the UK and then proceed with immigration, you would need to file the K3. Some say it takes longer. You might take a look at timelines here from couples who've done both processes and maybe that will help you decide which way to go. Either way, good luck and best wishes!

[rebeccajo 14]

...or the CR1, which comes with built-in work authorization and greencard.

Hindsight being 20/20, I wish this were the visa we had done.

[KarenCee 3]

...or the CR1, which comes with built-in work authorization and greencard.

Hindsight being 20/20, I wish this were the visa we had done.

I'm with you on that one.

[MarkBUK 0]

...or the CR1, which comes with built-in work authorization and greencard.

Hindsight being 20/20, I wish this were the visa we had done.

My partner and I have very seriously looked at consultations with visa attorneys to try and look at which is the best visa for us but we are grateful to hear of your experiences!

We were originally looking at us filing the I129F to start the K1 procedure but based on what you say it would be easier for us to marry here in England then file for the IR1/CR1 so that obtaining a work authorisation status and 'green card' status is quicker than that of the K1 visa. Am I right in thinking that?

[GabachaYucateca 0]

No, the IR1/CR1 seems to take longer overall, but you won't have to face the hurdles that us K1ers will face once our SO is in the US. It sounds like doing it that way, you wait much longer to get permission to enter, but will already have work authorication and GC, wheareas K1ers get permission to be in the States much faster, but have a lot more work and waiting once here.

If you really meant it when you said eventually, then it sounds like the IR1/CR1 makes more sense...especially if you weren't planning to live in the States for a few years.

[msu17 0]

If you want to be together in the US sooner, K1. If you want to get a greencard faster CR1, which if you are both in the UK now might be better for you. Its the way I would have gone if I had been living in the UK with my SO.

[MarkBUK 0]

Thanks, I see the contrast between the K1 and CR1 now. Two friends of ours recently got married in Mexico, she is a USC and he is mexican and he was able to reside and legally work in the US literally within one month. Is there any reason why this would be the case? Our home is in San Diego so it would be more time and cost effective for me to travel to the US and then we would legally marry in Mexico. We are not sure why in this instance this happened so quickly.

[Turboguy 6]

Didn't they do away with the CR-1 or DCF about a month ago becasue of the Walsh Act? I think that is no longer an option. You now have to do a K-3. Someone can correct me if I am wrong but I think I am not.

[rebeccajo 14]

DCF had a temporary hiccup. It's now back in place. It's not easily obtainable at most consulates - well let's put it this way - there are residency requirements in many countries that most US citizens cannot meet.

Bottom line difference - K1 usually get the couple together faster.

CR1 takes longer to process, so the separation is longer.

Depends on what your bottom line is. If you want to be able to work right away and not bother with messy greencard issues, then do the CR1.

From this side of the visa process, I think it's easier for the foreign spouse to assimilate to life in America if they can work soon and don't have to worry with immigration hanging over their head. That's another reason I like CR1.

We were like most couples on VJ. We couldn't stand to be apart so we did K1. Had I known my husband would get caught in namecheck I would have NEVER done the K1. We have had to refile for a second EAD. We have issues with his status - people think because he doesn't have a greencard yet that he might be 'illegal'. It's a real mess.

Edited March 26, 2007 by rebeccajo