Which visa is recommended, K-1 of CR-1?

[Daveb46 1]

My fiance currently lives in the Philippines and I want to move her and her daughter here. I was told that a spousal visa is the way to go. Currently I am looking for airfare to return there to get married but I want to make sure which way is the best way.  What do you recommend? Also is her daughter allowed to come here at the same time as her mother on either visa?

[geowrian 22,337]

http://www.visajourney.com/content/compare

Ignore the K-3...it's obsolete.

 

The CR-1 (spousal) visa is superior to the K-1 in every way except it takes 12-14 months to obtain versus 7-9 months for the K-1. It's cheaper, faster to get the green card, permits work and travel right away, etc.

 

If doing a K-1, the daughter can get a K-2 at the same time or use follow-to-join anytime within a year of the K-1 being issued.

If doing a CR-1, then you need an I-130 petition for the stepchild as well so she can get a CR-2 visa. This assumes you marry before she turns 16.

[Daveb46 1]

7 minutes ago, geowrian said:

http://www.visajourney.com/content/compare

Ignore the K-3...it's obsolete.

 

The CR-1 (spousal) visa is superior to the K-1 in every way except it takes 12-14 months to obtain versus 7-9 months for the K-1. It's cheaper, faster to get the green card, permits work and travel right away, etc.

 

If doing a K-1, the daughter can get a K-2 at the same time or use follow-to-join anytime within a year of the K-1 being issued.

If doing a CR-1, then you need an I-130 petition for the stepchild as well so she can get a CR-2 visa. This assumes you marry before she turns 16.

So if I choose the CR-1 is it possible for me to file the I-130 petition at the same time so her daughter can accompany her and come when she does?

[geowrian 22,337]

13 minutes ago, Daveb46 said:

So if I choose the CR-1 is it possible for me to file the I-130 petition at the same time so her daughter can accompany her and come when she does?

Yes, both I-130s can be filed at the same time (and in the same physical shipment).

[Daveb46 1]

2 minutes ago, geowrian said:

Yes, both I-130s can be filed at the same time (and in the same physical shipment).

Ok. Thank you for the information. My fiance was worried that her daughter would not be able to come with her at the same time. 

[kris&me 572]

with permission from the father to take her out of the country to live in the US

 

[jakelake 222]

9 hours ago, Daveb46 said:

Ok. Thank you for the information. My fiance was worried that her daughter would not be able to come with her at the same time. 

Has your fiancée gotten consent from the child's father to travel, if he is still alive.

[Daveb46 1]

1 minute ago, jakelake said:

Has your fiancée gotten consent from the child's father to travel, if he is still alive.

He is deceased. That is a great question though. 

[N-o-l-a 7,167]

You'll find it less trouble for her to adjust to life in the US with a CR1, there is so much more freedom right away to work, to get a driver's license, to enroll in college, or whatever else.  K1s tend to cause some stress when the immigrant is basically trapped at home for 3-6 months or more.  

[Daveb46 1]

4 minutes ago, N-o-l-a said:

You'll find it less trouble for her to adjust to life in the US with a CR1, there is so much more freedom right away to work, to get a driver's license, to enroll in college, or whatever else.  K1s tend to cause some stress when the immigrant is basically trapped at home for 3-6 months or more.  

Thank you for this information. Still not sure what to do. My fiance is 47 and her employer is letting her go at the end of the month. Now more than ever time is very important as it is very hard for her to find work at her age. 

[NikLR 13,227]

4 hours ago, kris&me said:

with permission from the father to take her out of the country to live in the US

 

 

2 hours ago, jakelake said:

Has your fiancée gotten consent from the child's father to travel, if he is still alive.

Also to note: generally not an issue with the PI.  Unless the father's name is on the birth certificate, the mother in the PI automatically has full custody and does not need any special permission to remove the child from the country.  

 

NOTE: I am not condoning taking a child away from a father just saying it's not an issue for this country in general.

[javadown2 308]

7 hours ago, NikLR said:

 

Also to note: generally not an issue with the PI.  Unless the father's name is on the birth certificate, the mother in the PI automatically has full custody and does not need any special permission to remove the child from the country.  

 

NOTE: I am not condoning taking a child away from a father just saying it's not an issue for this country in general.

Guess you didn't read all the posts, he is deceased  

 

OP, sounds like you might need to think about the K-1, or are you retired yet and can live there while the visa process goes through?

[javadown2 308]

9 hours ago, Daveb46 said:

Thank you for this information. Still not sure what to do. My fiance is 47 and her employer is letting her go at the end of the month. Now more than ever time is very important as it is very hard for her to find work at her age. 

My wife says that most of the jobs are given to younger 20ish year olds, well at least retail, restaurants and hotel type of jobs, so I can understand her concerns. 

Edited October 23, 2017 by javadown2

[Daveb46 1]

16 minutes ago, javadown2 said:

My wife says that most of the jobs are given to younger 20ish year olds, well at least retail, restaurants and hotel type of jobs, so I can understand her concerns. 

Hello Javadown2,

Yes that is what my fiance has told me too. I'm currently looking for a part time job to go along with my full-time job to help support her more until I can get her and her daughter here. Thank you for your response. 

[NikLR 13,227]

43 minutes ago, javadown2 said:

Guess you didn't read all the posts, he is deceased  

 

OP, sounds like you might need to think about the K-1, or are you retired yet and can live there while the visa process goes through?

I did read it.  For other people's future reference especially those who posted that it may have been an issue (had he been alive) was the reason I shared the info.