K-1 or CR-1?

[jordanmorris1 0]

Hi all,

 

So, I am Jordan and i live in the UK. my fiancee lives in the States, i will use H to refer to her through my post.

I have been doing research into k-1 vs k-3 visas, and stumbled across the CR-1.

What i will do is explain how i view the processes of each, so you can correct me if im wrong and explain my questions which are at the end of the post.

 

k-1:

we must see each other within 2 years of starting the application.

H would begin the process by filing from i-129F (Petition for alien Fiance(e) - $535) along with form i-134 (Affidavit of Support -$150+fees)

USCIS will run background checks and if the petition is recieved, H will receive a NOA1

If USCIS requests evidence we respond with the requested documents

When/if USCIS approves the petition, H will receive a NOA2 and the petition is forwarded to the NVC

NVC will forward it to the US Embassy in England.

The Embassy will contact me with information on how to schedule a medical exam and info on scheduling an interview at the embassy. They will inform me on what to take to the interview.

If approved, the i-129F is valid for 4 months from the date of approval.

I would then apply for a K-1 visa by filing form DS-160($160 or 190) online before the scheduled interview 

If needed, the petition can be extended a further 4 months (somehow?)

At the visa interview at the embassy a consular officer will review evidence of the relationship and finacial documentation

If the officer denies the visa, the petition will be returned to the USCIS

If the officer approves the visa, it will be printed and stuck into my passport

I will then have 6 months to enter the US

From arrival i will have 90 days to get married

AOS:

H would file form i-130($535)

i would also file form i-485($1145) after the i-130 is approved

(Within the form i-485 i can include form G-1145($0) for ENotification of application/petition acceptance)

USCIS would then contact me (In the US) with a notice (which includes date time and location of appointment) for a biometrics services appointment($85) where they take my prints, signature and photos. 

USCIS may set an interview for both H and Me regarding form i-485 to which we take my form i-94, both our passports and "official travel documents"(such as what?)

If accepted, we will be told this before the greencard is sent to my address in the states.

 

 

 

CR-1:

for this i wil have to marry H first. I believe i can come to the states and return to england (if we marry in the US, or H can come to the UK for our marriage and then she returns before the process) before the process goes like this:

 

H files the CR-1 visa petition with the USCIS by mailing form i-130 and the $535 check

H will receive a NOA1  when they receive the petition and NOA2 when it is accepted

USCIS may request extra evidence, if so we respond with the requested documents

The NVC will email H a NVC case number, instructions and invoices for fees

At this time H has to "select an agent"?? pay the NVC fees and submit a visa application form??

Within 4 weeks if my security check comes back clean, the approved CR-1 visa petition will be sent to the Bureau of consular affairs who forward it to the US embassy in England

In about a week of receiving the visa petition, they contact me with information on how to schedule a medical exam and info on scheduling an interview at the embassy. They will inform me on what to take to the interview.

I go to the medical exam and pay the fee in GBP 

I then go to the scheduled interview with the requested documents (they should tell me what to take as well as my passport)

At the interview the consular officer asks me questions to 'prove' the relationship is legitimate.

If approved, the Visa is issued (either at the interview or within a week via post)

At the interview i am given a package of documents which must remain sealed

The CR-1 is a sticker that goes in my passport

I pay the $220 immigrant fee online

I then have 6 months to travel to the US

At POE in the US i surrender the sealed package of documents 

The green card is issued shortly and sent to my address in the US within 2-4 weeks

 

SO!!!!!

Is there any points at which i am incorrect?

Which is the most reliable? (i believe CR-1s are more approved)

Which is most expensive? (i believe k-1's are more expensive) 

For a CR-1, where can we marry? 

     -if we marry in the US must i return to England before we can start the process?

     -if we marry in England must H return to the US before we can start the process?

Is there any more information i should know?

 

 

 

 

 

 

 

[Redheadguy03 505]

Aos is 1,225 (if I remember correctly) you file it, not your spouse. You don't file after the one is approved. After you get married you file AOS and then wait. 

 

Cr1 is way cheaper 

If you Marry in the United States you can stay during AOS, but you'd need to do a k1. No entering on a tourist visa and adjusting status that's fraud. 

 

If you Marry in England, she could technically file from there, but it's a bit harder due to the distance. 

 

I'd recommend the cr1 and I actually did the k1 for my wife. Cr1 you can work and travel right away. 

Edited January 7, 2018 by Redheadguy03

[jordanmorris1 0]

2 minutes ago, Redheadguy03 said:

Aos is 1,225 (if I remember correctly) you file it, not your spouse. You don't file after the one is approved. After yo 

AOS: I, the immigrant, apply for both i-130 AND i-485 ?

I dont file what "after the one is approved"?

[jordanmorris1 0]

5 minutes ago, Redheadguy03 said:

Aos is 1,225 (if I remember correctly) you file it, not your spouse. You don't file after the one is approved. After you get married you file AOS and then wait. 

 

Cr1 is way cheaper 

If you Marry in the United States you can stay during AOS, but you'd need to do a k1. No entering on a tourist visa and adjusting status that's fraud. 

 

If you Marry in England, she could technically file from there, but it's a bit harder due to the distance. 

 

I'd recommend the cr1 and I actually did the k1 for my wife. Cr1 you can work and travel right away. 

more helpful.

what do i not file after what has been approved?

the rest of your response is helpful

[Redheadguy03 505]

10 minutes ago, jordanmorris1 said:

more helpful.

what do i not file after what has been approved?

the rest of your response is helpful

So you'd file AOS after k1 approval and you get married. You file the I 485, your wife doesn't file anything for you. It's all you. Also, file AP and EAD, it's free and you can work earlier. 

 

Like I said I'd suggest cr1 to avoid all of this. 

[jordanmorris1 0]

3 minutes ago, Redheadguy03 said:

So you'd file AOS after k1 approval and you get married. You file the I 485, your wife doesn't file anything for you. It's all you. Also, file AP and EAD, it's free and you can work earlier. 

 

Like I said I'd suggest cr1 to avoid all of this. 

so is the form i-130 not needed for AOS? 

what is file "AP"?

[Redheadguy03 505]

1 hour ago, jordanmorris1 said:

so is the form i-130 not needed for AOS? 

what is file "AP"?

Correct, i-130 is for people immigrating to the United States. On a k1 they're already in the United States. If you don'

 get married within the 90 days per the k1, you apparently have to file the i-130,so make sure to get married within the 90 days. 

www.visajourney.com/content/k1k3aos

That's the guide on here it helps 

 

AP is advanced parole it let's you leave the country before you have your green card if needed. EAD is the employment authorization, so you can work while waiting for the green card. 

Edited January 7, 2018 by Redheadguy03

[Wuozopo 4,293]

K1

we must see each other within 2 years of starting the application and be free to marry.

H would begin the process by filing from i-129F (Petition for alien Fiance(e) - $535) [NO: along with form i-134 (Affidavit of Support -$150+fees)]

When the petition is recieved, H will receive a NOA1(a receipt)

If USCIS requests evidence we respond with the requested documents.

When/if USCIS approves the petition, H will receive a NOA2 and the petition is forwarded to the NVC.

If approved, the i-129F is valid for 4 months from the date of approval [Yes, but not really anything to worry about]

NVC will forward it to the US Embassy in England.

 

The Embassy will contact me with information on how to schedule a medical exam and info on scheduling an interview at the embassy. They will inform me on what to take to the interview. [That's all online right here https://uk.usembassy.gov/visas/fiancee-2/applying-for-the-visa/ ]

 

I would then apply for a K-1 visa by filing form DS-160 online and having a medical exam in London (£300) before the scheduled interview.

Pay a visa fee of $265 online. Schedule the courier $30

If needed, the petition can be extended  up to a year (somehow?) [by bringing a new letter of intent to your interview from your American saying she still wants to marry you]

At the visa interview at the embassy a consular officer will review [NOPE, not in London: evidence of the relationship] and finacial documentation and police report, medical report, birth certificate. 

If the officer denies the visa, the petition will be returned to the USCIS

If the officer approves the visa, it will be printed and stuck into my passport and sent to you by courier in about a week.

I will then have 6 months from the date of your medical exam to enter the US

From arrival i will have 90 days to get married

 

AOS:

NO: H would file form i-130($535) That's a petition. She already did a petition (I-129F)

i would also file form i-485 ($1225) after the i-130 is approved

(Within the form i-485 i can include form G-1145($0) for ENotification of application/petition acceptance)

USCIS would then contact me (In the US) with a notice (which includes date time and location of appointment) for a biometrics services appointment ($85) [No, that is paid with application, not at the appointment]   where they take my prints, signature and photos. 

 

 

 

 

 

 

Edited January 7, 2018 by Wuozopo

[jordanmorris1 0]

Okay so when does form i-134 get filed? It was my understanding that some show of financial security was needed to prove the american can support the beneficiary. If it is not form i-134 what else is it? 

Ty for the help

[NikLR 13,227]

I-134  is given at the interview, the beneficiary hand carries it.  

 

Also for the beneficiary AOS from k1 the following forms are generally filed

I-485

I-131 (optional AP)

I-765 (optional EAD)

I-864 (legally enforceable affidavit of support)

 

Also to marry in the UK your fiancee would need a special visa. 

Edited January 7, 2018 by NikLR

[jordanmorris1 0]

17 minutes ago, NikLR said:

I-134  is given at the interview, the beneficiary hand carries it.  

 

Also for the beneficiary AOS from k1 the following forms are generally filed

I-485

I-131 (optional AP)

I-765 (optional EAD)

I-864 (legally enforceable affidavit of support)

 

Also to marry in the UK your fiancee would need a special visa. 

Thanks for the info! when you say the i-134 is given at the interview, does that mean they hand me the form that i then need to fill out and file? or does it mean they want me to fill it out beforehand and hand them the completed form at the interview?

[Wuozopo 4,293]

57 minutes ago, jordanmorris1 said:

Okay so when does form i-134 get filed? It was my understanding that some show of financial security was needed to prove the american can support the beneficiary. If it is not form i-134 what else is it? 

Ty for the help

 

At the interview in London. I-134 is for a fiancé visa. You take it with you along with proof of your fiancé's income

 

There's a list of documents and forms to take to a London interview which you will find by going to the London K1 instruction link I posted in my previous reply. You need nothing more than they list. Notice it does not say proof of relationship anywhere on the London list.

 

 

Edited January 7, 2018 by Wuozopo

[jle2234 68]

I can't speak to the K-1 visa. I immigrated on an IR-1 visa, which is the same as a CR-1 visa except my husband and I had been married for over two years at the time of my immigration.

 

To answer a few of your questions:

 

Which is most reliable? Again, I can't speak to the K-1 visa, but the CR-1/IR-1 process is long (around one year) but is pretty straightforward. Other than a few frustrating wait times, I had no issues at any point of my immigration -- no confusing forms, no documents denied, no requirement to provide additional information. Granted, we had a fairly simplistic case (first marriage for both, no children, etc.), but I generally found the process pretty easy, aside from the wait.

 

Which is most expensive? We ended up spending around $2,500 USD when it was all said and done. This includes the application fees, cost of documents I needed to get (long-form birth certificate, police check, etc.), medical exam, and travel to the medical exam and consulate interview.

 

For a CR-1: If we marry in the US must I return to England before we can start the process? If you want to marry in the U.S. and stay in the U.S. during your immigration process, you need a K-1 visa. This cannot be done using a CR-1 visa. If we marry in England must H return to the US before we can start the process? That depends on H's immigration status in the UK. In some countries (not sure about UK), U.S. citizens residing in the foreign country with their spouse may apply for their spouse's U.S. immigration directly through the local consulate. This is called Direct Consular Filing, and may be quicker than the other options. However, in most cases, you would only be eligible to file this way if H were a legal resident of the UK. If H were a tourist in the UK, she could file from there, but would have to do so via the U.S.

 

Is there any more information I should know? Just a piece of advice: I know the wait and the money are very difficult. All of us on this website have gone through it, or are in the process of going through it. Just remember that the time and money are actually very small when you consider it from the perspective of a marriage that will hopefully last for the rest of your life. Some people (not necessarily you) look for shortcuts that could jeopardize their immigration and screw up their lives and families permanently. It's not worth it. Find out what visa works best for you, follow the rules, and do everything properly. I immigrated less than six months ago, and the headaches of the immigration process are already a distant memory.

[Wuozopo 4,293]

9 hours ago, jordanmorris1 said:

Which is the most reliable? (i believe CR-1s are more approved)

Which is most expensive? (i believe k-1's are more expensive) 

For a CR-1, where can we marry? 

 

1. Same reliability.
2. K1 $880 more (see list below)
3. Marry anywhere...US, UK, Mexico, Bahamas...any country that will let you legally marry. Start the process when you have a marriage certificate.   For a fiancé visa, you can start today.  Live in your home country while you wait for the visa, but you can still visit each other like you now.

 

K1 fiancé basic fees

$535 Fiancé Petition (USCIS)

£45 police certificate (ACRO)

£300 medical (Knightsbridge) pay at the appointment

$265 visa fee (Dept of State/Embassy) pay online 

$30 or $0 (Courier) home delivery or pick up at depot

-Enter USA and marry-

$1225 AOS/EAD/AP (USCIS)

 

IR1/CR1 spouse basic fees

$535 Spouse Petition (USCIS)

$325 visa fee (NVC)

$120 affidavit of support review (NVC)

£45 police certificate (ACRO)

£300 medical (Knightsbridge) pay at the appointment

$30 or $0 (Courier) home delivery or pick up at depot

$165 Immigrant fee (USCIS ELIS)

 

 

 

[JoannaV 174]

14 hours ago, jordanmorris1 said:

For a CR-1, where can we marry? 

     -if we marry in the US must i return to England before we can start the process?

     -if we marry in England must H return to the US before we can start the process?

 

If you marry in the US you can start the process before leaving (ie send in the I-130) but make sure you answer all the questions correctly. There are questions about if you are currently in the US and questions about where you will interview - don't accidentally select anything related to adjusting status. We sent off our I-130 whilst I was in the US. I returned to the UK for my medical and again for my interview.