Will this be seen as Fraud & is it easier this way?!?!

[Duchess93 0]

Hi All,

 

I'm new on here so please accept apologies if this has already been addressed/asked before or I've put this in the wrong category!

 

I'm a UK Born Citizen, My fiance is a US Born Citizen, we have been dating for 5 months & i visited him for the first time in September. We spent 2 weeks together, it was magical & we new from then we didn't want anyone else ever & we just clicked. Any way, on the day of leaving i got emotional & when at the airport i asked him to marry me (Yes a woman asked a man to marry her-i can see how this looks & it makes me look desperate.) he said yes. Bare in mind we spoke about this whilst i was there and we nearly got married in the two weeks i was there but things kept coming up & getting in the way. So from then on we new we were engaged & that we needed to look at the ways i can remain or leave & return permanently. On my return home we've been looking at K1 & CR1 visa's & we cannot determine which is the quicker more financially sensible.

 

This is where you all come in & voice your opinion - would it be easier and more financially viable to marry on my next visit on the 22nd December & return home (my return flight is on the 6th January) then my partner file for CR1 or do we go down the K1 visa route & then AOS to CR1 once i'm there? I have no plans to stay once we are wed. 

 

We were looking and planning on having an elopement wedding & my partner just wants to marry me as soon as i'm back with him, he stated he would marry me in Hocking hills, Ohio or on the beach, gulf shores (Alabama). The only problem is looking at K1 & CR1 visa processing times the K1 seems to be the faster approved & the CR1 means i would have the remain her upto 14 months (with constant visits) before i could enter as an Immigrant CR1 Approved. 

 

So everyone if you could help me with this.. I just would like someone to help me, as in financially more sensible but also the quicker route

 

Thank you all in advance!!!

 

T x

[Dashinka 24,527]

First of all congratulations on finding that special someone and the engagement.

 

What you suggest would not be considered fraud as you do not plan to enter the country with the intent to stay and adjust.  Many people take this route marrying in the US and then going back home to wait for the CR1.  You can also visit during the CR1 process, but each time you enter, you will have to convince the CBP officers you will not stay.

 

As to the financial question, this is easy, the CR1 is substantially less expensive than the K1.  With the CR1 the receipient will enter the country with a GC and the ability to work almost immediately.  The only real advantage of the K1is that it tends to be processed faster than the CR1 (6-8 months as opposed to 14-16months), but the added expense of filing for adjustment of status after a K1 marriage can be a big deciding factor.

 

Good Luck!

Edited October 27, 2017 by Bill & Katya

[RO_AH 1,659]

The other disadvantage of a K-1 is living in a new place away from friends and family being alone while your partner is working since you can't work until you get a green card. I see a lot of relationships end during this period because it is hard enough being away from everything you know but add on the loneliness and it's a lot for a person to take.

[John & Rose 7,239]

2 hours ago, RO_AH said:

The other disadvantage of a K-1 is living in a new place away from friends and family being alone while your partner is working since you can't work until you get a green card. I see a lot of relationships end during this period because it is hard enough being away from everything you know but add on the loneliness and it's a lot for a person to take.

They can get an EAD in just a couple to 3 months.  I still believe the CR is a great option and much more financially responsible.  It means a few extra months apart but you get to be way ahead of the AOS/GC game that hits the K-1s.

[John & Rose 7,239]

The CR actually looks like 12 to 14 months and it is trending quicker.  The K-1 (NOA1 to POE) is looking like 8 to 10 months and trending longer.  At some point the times will not even be a serious issue if the trends remain the same.  CR1 is substantially cheaper and quicker overall.  The K1 may allow you to be together sooner but at a cost.