What is the better option K-1 or CR-1?

[DianaLDR 1]

I am engaged to a Jamaican man.  I plan on going there in March 2018.  We discussed marrying while I am there however everything I have read indicates it's better to apply for the K-1 to get him here then marry within 90 days.  Why wouldn't getting married in Jamaica and applying for his green card be the better option.  Also he has children there.  They would stay with his mother while he is here.  Does having children pose a bigger problem for us in the long run?  He doesn't want to bring them to the States immediately but definitely in the future once he gets established with a job.

[TNJ17 1,329]

CR1 is better. Cheaper and gets you a greencard and ability to get a job right after POE. No need to file for AOS after POE. But it takes longer to process. About 12-14 months. K1 is more expensive, after you get married and file for AOS, you have to wait about 3-6 months for employment authorization and ability to travel internationally. The physical greencard is taking about a year to come in now. However, K1 visa gets the beneficiary into the US faster. It takes about 8-10 months for visa in hand. K1 is better when the ability to visit each other is hard. But if visiting isn’t difficult, CR1 is way better. 

[DianaLDR 1]

On 3/2/2018 at 8:17 PM, TNJ17 said:

CR1 is better. Cheaper and gets you a greencard and ability to get a job right after POE. No need to file for AOS after POE. But it takes longer to process. About 12-14 months. K1 is more expensive, after you get married and file for AOS, you have to wait about 3-6 months for employment authorization and ability to travel internationally. The physical greencard is taking about a year to come in now. However, K1 visa gets the beneficiary into the US faster. It takes about 8-10 months for visa in hand. K1 is better when the ability to visit each other is hard. But if visiting isn’t difficult, CR1 is way better. 

 

 

Thanks for the info.  I personally want him here faster but not wild about the higher expense.  He applied for Visa early February and went to the interview where they asked him 2  questions, where are you going and who are you staying with.  He was denied and told to "try later".  Do you know how soon he could apply again?  He was told 3 months however I've heard he can re-apply any time as long as he pays the $250 fee.

[DianaLDR 1]

I might also add he applied for a visitor visa at the time.  We were told a visitor visa would be easier to obtain.  Doesn't appear to be the case.

[Jin&Jordan 36]

42 minutes ago, DianaLDR said:

Thanks for the info.  I personally want him here faster but not wild about the higher expense.  He applied for Visa early February and went to the interview where they asked him 2  questions, where are you going and who are you staying with.  He was denied and told to "try later".  Do you know how soon he could apply again?  He was told 3 months however I've heard he can re-apply any time as long as he pays the $250 fee.

I wouldn't have him reapply for the tourist visa again. If he was denied the first time, it was probably because he told them he was going to be staying with you (his fiance) and that raised a red flag for them. They are typically trying to determine if he has any significant reasons for wanting to stay in the US illegally and not returning back to his home country before the visa expiration. Having a fiance to stay with would be a great reason not to go back home, thus the denial (in my opinion). Because of this, if he applies again without changing any of these circumstances he will likely just be denied again and wasting another application fee.

 

I would go the CR1 route as suggested above if you can handle a few extra months of waiting with greater reward in the long run.

[DianaLDR 1]

He wont re-apply for that.  He has children in Jamaica and he showed proof of his parental responsibility.  In addition to children, he is owns land and is building a house on his property.  We have discussed getting his son here but we both agree he is better off in Jamaica finishing school as their school system is better than Texas' school system. He (we) have every intention of returning.  We wants to come here for a year or so, work and wait for my retirement then we will move to Jamaica and live.  Will the fact he has children hinder this process?  I am new to all this and have tons of questions.    

[Jin&Jordan 36]

8 minutes ago, DianaLDR said:

He wont re-apply for that.  He has children in Jamaica and he showed proof of his parental responsibility.  In addition to children, he is owns land and is building a house on his property.  We have discussed getting his son here but we both agree he is better off in Jamaica finishing school as their school system is better than Texas' school system. He (we) have every intention of returning.  We wants to come here for a year or so, work and wait for my retirement then we will move to Jamaica and live.  Will the fact he has children hinder this process?  I am new to all this and have tons of questions.    

Strange. That sounds like an abundance of evidence for his ties to his home country. There must be some other reason for the denial beyond what we know. It really is unfortunate more information isn't given at the time of the denial.

 

If you are going the K1 route, you will need to know that it carries a bit more risk as far as denials go, specifically if the foreign country has a high fraud rate. If you go the CR1 route, you should first consider Jamaica's marriage requirements/laws.

[DianaLDR 1]

I researched the visitor visa before he applied and showing proof of permanent ties (children and home) to Jamaica was a requirement. We are going the CR1 route and I have already researched Jamaica's marriage requirements and laws.  So we should be good to go.   Not sure if Jamaica has a high fraud rate , that could be the case.  He wasn't given a reason either, which I thought was odd.  It's a shame those of us who are legitimate have to suffer through this grueling process.

[JFH 12,191]

*~*~*moved from "K-1 fiancé visa process and procedures" to "what visa do I need" - OP is still considering the options*~*~*

[JFH 12,191]

6 hours ago, DianaLDR said:

Thanks for the info.  I personally want him here faster but not wild about the higher expense.  

When people here refer to the K-1 being "faster" than the CR-1, we are talking a couple of months. Not years. In some cases the difference is even less than that. You've waited this long, what's a couple more months when you have decades ahead of you together? And the "price" for those few extra months is:

 

- higher overall fee

- not being able to work for at least 4 months (bear in mind you will have over $1200 to pay after you marry for him to become a permanent resident)

- not being able to travel overseas for at least 4 months

- depending on your state of residence, not being able to drive for at least 4 months 

 

We did the CR-1 and I was working less than 2 weeks after I arrived. Based on my salary, 4 months out of work would have "cost" us $24,000 in lost income. 

 

Also, the K-1 is only faster in getting his feet on US soil. It's slower to green card and citizenship (if that's your ultimate goal). 

 

The fastest way isn't always the best way. 

Edited March 3, 2018 by JFH

[Unlockable 7,315]

Hi @DianaLDR,

 

I agree with others. The CR1 IS the better option. The people who are advising you about the K1 being better and how it is easy to get a visitor visa obviously doesn't know about this. Read @JFH's post above the significant difference. Then you can educate whoever are ill-advising you.

 

ETA: I just wanted to add that if you want to see some of the negatives about the K1, do a search on EAD (which is the authorization to work in the US) wait times. There is a poster that just started a thread in frustration because they came on a K1 got married and file for work authorization and have been waiting for over 5 months for it. Can you imagine your new husband being here and not being able to work for 4 - 6 months?

Something else to think about.

 

Best of luck to you.

Edited March 3, 2018 by NuestraUnion

[TNJ17 1,329]

You don’t have to wait to apply for K1. Previous tourist visa applications have no effect on K1. Or CR1 for that matter. I must add that K1 and CR1 are both visas to immigrate to the United States and live in the US permanently. If you choose an immigration route whichever it might be, you’re applying for that person to come and live there with you. If you go through all the hassle of getting an immigrant visa and stay just a year or so and go back that might get you problems. In order to retain a greencard an immigrant needs to show ties to the US like a job, a home, etc. If you decide to leave the US after a while, he will most likely lose his permanent resident status and his greencard. And if you two ever decide to get back in the US again, you’d have to go through the process of getting him either a tourist visa or another immigrant visa which will be hard. 

[j&ana 378]

A cr-1 visa is a much better visa the only advantage of a K-1 visa is that it is faster but it really is not that much faster

compare to overall cost and the advantage of getting green card right away the CR-1 is a far better visa

[angelbrown 195]

If nothing has changed in his situation no need to apply for tourist visa again. If I may ask what kind of work does your fiancé do? Reason I ask is because I have noticed that in JA having a home and/or children does not equate to strong ties. Those things can easily be left behind for the “American dream.” But having a “good” job might be considered a reason to go back. You said a lot in your original post that would be reason for denial... he’s engaged to someone in the states, he has children who will stay in JA with his mother, he wants to bring his children in the future once he secures a good job. In the eyes of a consular officer he has no reason to go back to JA, as he has intent to immigrate and bring his family in the future. 

 

As far as whether K1 or CR1 is best, nothing further to really add to advice already given. You said he’s coming here to work, so I think you’ve already established CR1 might be best. 

 

Either way, search the forums. You will find a lot of useful info here. 

[bakphx1 789]

I think that one thing people are overlooked as well as once somebody comes over on a K-1 Visa they have several months of not being able to do anything. Financially it is a burden, and it is also difficult for someone to feel isolated and have no purpose from day to day. Some people give up on the marriage before they adjust status.