K1 K3 or CR1 / IR1

[atn2018 1]

My partner and I are trying to move to North Carolina . I am a citizen and we have lived abroad in his country for the last two year. Either way we plan to get married and wonder whats the best way to take on the process? We want to be able to move within the next 8-12 months ( we are aware of waiting times for K1 ). Is it best to marry first and go for K3 or CR1 /IR1 or wait and go on K1 visa and marry within 90 days. 

Yes we are considering costs but also considering time we dont want to sit around waiting to know that being 3 months 10months or years. ( I KNOW ALL VISAS HAVE WAITING PERIODS WE CANT DO ANYTHING ABOUT ) when we can or cant move due to having to sort out pets and renewing lease or not etc. TIA

[jle2234 68]

There are many factors that others will be more familiar with. One thing to consider is work authorization... with a CR-1 visa, your partner will be able to work right away after entering the country on their visa. With a K-1 visa, your partner will have to apply for work authorization after entering the country -- they will not be able to work initially. From what I've heard, the work authorization process takes 3+ additional months after the initial immigration, during which point you (and your joint sponsors, if you have any) will be responsible for financially supporting your partner.

[Crazy Cat 42,215]

A few things to consider:

1.  K3s are obsolete.  Forget about them.

2.  Domicile-  You will have to prove this.

3.  CR-1 visa processing time is 12-14 months from filing to visa in hand at minimum.

The CR-1 is superior to the K-1 in every way.....

 

[atn2018 1]

Thank you .... Do you or anyone know anything about Direct Consular Filing for the CR1 since I have lived here for 2 years and would be married? I have heard it helps and only takes 3 months however difficult to acquire. Does anyone know if this is still an existent way of proceeding. any links or info 

[Scandi 4,180]

40 minutes ago, Tai98 said:

Thank you .... Do you or anyone know anything about Direct Consular Filing for the CR1 since I have lived here for 2 years and would be married? I have heard it helps and only takes 3 months however difficult to acquire. Does anyone know if this is still an existent way of proceeding. any links or info 

Doesn't look like DCF is available in Australia: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

 

I went with the K-1 but if I had to do it all over again I would've chosen the CR-1 because the timelines aren't that different these days and you get more out of the CR-1 for less money. The K-1 is more of a "ball and chain" once you reach the US.

[atn2018 1]

2 minutes ago, Scandi said:

Doesn't look like DCF is available in Australia: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

 

I went with the K-1 but if I had to do it all over again I would've chosen the CR-1 because the timelines aren't that different these days and you get more out of the CR-1 for less money. The K-1 is more of a "ball and chain" once you reach the US.

It is available in Australia but only under special circumstances 

https://au.usembassy.gov/visas/immigrant-visas/family-based-immigration/filing-petition-australia-exceptional-circumstances/

[Scandi 4,180]

2 minutes ago, Tai98 said:

It is available in Australia but only under special circumstances 

https://au.usembassy.gov/visas/immigrant-visas/family-based-immigration/filing-petition-australia-exceptional-circumstances/

If you feel that your case has "exceptional circumstances", try that route then. 

[atn2018 1]

I have been offered a managerial job commencing as of april if i am able to move if not ill have to either decline or move without partner. 

[jle2234 68]

3 hours ago, Tai98 said:

I have been offered a managerial job commencing as of april if i am able to move if not ill have to either decline or move without partner. 

I know it's not ideal, but many of us had to live separately from our partner during the immigration process -- it is quite common in order to meet requirements for both domicile and income.