K-1 vs CR-1 (split)

[Paskaval 2]

Ahah ! I was just writing exactly the same post

I'm French, living in France, my girlfriend is American, living in US. We have decided to live together and probably get married soon.

So, K1 process and then getting married in US, or getting married first (In France or in US) and then IR1/CR1 process, is there a best way ?

Considering : 1) the processing times, 2) none of the two options seems better or worse regarding the possible problems for visits (that's my big fear), 3) we cannot get married before at least 5 months from now, I wonder if starting K1 process right now wouldn't be better, because maybe I could become a permanent resident sooner (If needed because if we decide she move here, it's much more simple, but it's another debate). Indeed, CR1 process takes a long time once married, before getting the right to work there legally.

So we are hesitating.

 

[Paskaval 2]

10 hours ago, bcking said:

Once you are married, every time he comes back to visit he will be under scrutiny. It's very variable though so people have had no trouble, my wife had a lot of trouble

Can you tell more about this trouble, was she refused ?

[bcking 3,157]

4 hours ago, Paskaval said:

Can you tell more about this trouble, was she refused ?

No we were both harassed for over an hour. We got through because the officer in question (the a**hole) had to speak to his supervisor before denying us and the supervisor said we were fine.

 

It can just be very emotionally draining when everyone is instantly suspicious of you and then incredibly mean (calling us idiots, questioning our motives, saying we're lying).

[Paskaval 2]

I don't understand why the CR1 route is more convenient for being able to work sooner. I was thinking that once married in the US (with K1 option), I would be allowed to work rather quickly. Waiting for CR1 takes months. Hence my question in my post above.

[millefleur 5,046]

15 minutes ago, Paskaval said:

I don't understand why the CR1 route is more convenient for being able to work sooner. I was thinking that once married in the US (with K1 option), I would be allowed to work rather quickly. Waiting for CR1 takes months. Hence my question in my post above.

It seems like it takes 2-3 months or longer to get employment authorization, based on what I've read/seen on VJ.

 

It's true that it's faster than the CR-1 wait, but for some people, waiting up the three months or longer without work can be an issue. If it's imperative for the spouse to work, then taking a few months break can be an issue financially as well as for the resume/experience gap And that's assuming you'll find a job immediately after you get EAD, when in reality it can take a few months to find a job for some people. 

 

I'd say it's subjective then. Depends on the person and their career plans/goals and financial situation. The OP here seemed to stress that it was important to them for career and financial reasons, hence why I recommended the CR-1.

[Unlockable 7,314]

42 minutes ago, Paskaval said:

I don't understand why the CR1 route is more convenient for being able to work sooner. I was thinking that once married in the US (with K1 option), I would be allowed to work rather quickly. Waiting for CR1 takes months. Hence my question in my post above.

You are mistaken. It can take 3 - 4 months after marriage and filing AOS (which is a extra cost btw) before you get authorization to work. Not only that, there have been many cases where immigrants weren't even issued drivers licenses until they received their green card, which can take up to 6 months. 

 

The main advantage of the K1 is being physically in the US faster. Otherwise, it is much more expensive and then you are limited in what you can do for months after coming here.

 

I did a K1 for my wife and I mostly advise against it.

Edited May 20, 2017 by NuestraUnion

[JFH 12,190]

40 minutes ago, Paskaval said:

I don't understand why the CR1 route is more convenient for being able to work sooner. I was thinking that once married in the US (with K1 option), I would be allowed to work rather quickly. Waiting for CR1 takes months. Hence my question in my post above.

On a K-1 you have to apply for an EAD after marriage. This takes around 3 months. Added to that the time spent in the USA before marriage and you could be looking at up to 6 months without a job. In my career field, being out of action that long would make it almost impossible to get back into it when I would be able to work again. Also, for my own sanity I couldn't be out of action for that long. 

 

Personally, I can't imagine why anyone with a career from a VWP country would consider a K-1 unless they are marrying a millionaire and have no need to work. Sure a CR-1 takes a few months longer but VWP people can visit a lot easier than others who need visas and a few months wait (with visits during that time) to keep my place on the career ladder was absolutely worth it. Moving to the USA was a life decision for me and I would not feel comfortable changing my whole life and losing my job in the process. Also I make 3 times the money my husband makes so it was important for me to work as soon as I arrived. He cannot keep two people on his salary. 

 

It was also a great feeling landing here with my immigrant visa knowing that I am done with paperwork and fees forever. We don't even have to remove conditions because we had been even married 2 years already when I arrived. Imagine starting married life with one person unable to work and a massive bill from USCIS. 

Edited May 20, 2017 by JFH

[JFH 12,190]

40 minutes ago, Paskaval said:

I don't understand why the CR1 route is more convenient for being able to work sooner. I was thinking that once married in the US (with K1 option), I would be allowed to work rather quickly. Waiting for CR1 takes months. Hence my question in my post above.

On a K-1 you have to apply for an EAD after marriage. This takes around 3 months. Added to that the time spent in the USA before marriage and you could be looking at up to 6 months without a job. In my career field, being out of action that long would make it almost impossible to get back into it when I would be able to work again. Also, for my own sanity I couldn't be out of action for that long. 

 

Personally,  I can't imagine why anyone with a career from a VWP country would consider a K-1 unless they are marrying a millionaire and have no need to work. Sure a CR-1 takes a few months longer but VWP people can visit a lot easier than others who need visas and a few months wait (with visits during that time) to keep my place on the career ladder was absolutely worth it. Moving to the USA was a life decision for me and I would not feel comfortable changing my whole life and losing my job in the process. Also I make 3 times the money my husband makes so it was important for me to work as soon as I arrived. He cannot keep two people on his salary. 

 

It was also a great feeling landing here with my immigrant visa knowing that I am done with paperwork and fees forever. We don't even have to remove conditions because we had been even married 2 years already when I arrived. Imagine starting married life with one person unable to work and a massive bill from USCIS. 

[Ontarkie 14,234]

~~Question split off to it's own thread along with all related replies. Please start a thread rather then post your questions in another members thread. It can cause confusion to the thread.~~

~~Also moved to What Visa Do I Need, from IR1/CR1 - As the OP is weighing his options.~~