K1 vs k3 and CR1

[Pennycat 880]

1 hour ago, missileman said:

Another thing regarding K-1 visa holders is that many people don't realize that a person who enters the US via a K-1 and fails to marry AND file AOS within 90days (expiration date of I-94) is out of status and is subject to be deported until they file AOS.....there is even a recent case where immigration agents came to a VJ poster's home and warned the spouse.

They won't be deported-- but they are accruing out-of-status days which could effect AP eventually if you let it drag on enough. But because the marriage came before any sort of USCIS action, they wouldn't be deported unless there was some mitigating factor like a crime etc. Not that it's advisable at all, trust me, I was all sorts of anxious and angry during those couple of months (about 2.5 from the 1-94 expiry IIRC).  The EAD took a good 4 months or so, and I don't remember exactly when he got it, just that he started work in August.

 

Ah and you quoted my dates before I fixed them. I was off by a year and fixed it. Married late Jan 2016, filed  mid April 2016, started working Aug 2017, not 2016.  I don't remember the exact I-94 expiry but it was late January as well. I think all told he was 10 weeks between I-94 and AOS filing. 

Edited April 2, 2018 by CatherineA

[geowrian 22,337]

11 minutes ago, CatherineA said:

They won't be deported-- but they are accruing out-of-status days which could effect AP eventually if you let it drag on enough. But because the marriage came before any sort of USCIS action, they wouldn't be deported unless there was some mitigating factor like a crime etc. Not that it's advisable at all, trust me, I was all sorts of anxious and angry during those couple of months (about 2.5 from the 1-94 expiry IIRC).

Technically deportable vs actually being deported. Being married (and still actually together) provides a lot of cover to fight an actual removal, but doesn't technically stop it. The most likely outcome is a very unpleasant experience / set of experiences followed by being told to AOS or face removal.

[Umka36 781]

Personally, we would still go the K1 route for our situation. To me the cost difference is very immaterial, when compared to the grand scheme of things.

 

I do like the CR1 in which people can't use the excuse of not filing the AOS for whatever reasons. Some folks treat the K1 as a meet and greet visa.

[javadown2 308]

21 hours ago, asheville57 said:

For our situation the Cr1 works best. We were only concerned if the timeframe was alot longer.

 

 

I think with what is happening with the K-1 process it is just a little longer to file the CR-1, so in my opinion that is the best option now. Honestly if you can tolerate being away form each other for the extra time it makes it easier once she arrives in the US. 

[pushbrk 12,901]

2 minutes ago, javadown2 said:

I think with what is happening with the K-1 process it is just a little longer to file the CR-1, so in my opinion that is the best option now. Honestly if you can tolerate being away form each other for the extra time it makes it easier once she arrives in the US. 

Again, what is best depends on the couple's circumstances and priorities.  If the couple has met in person and cannot get together to be married for another several months, then the CR1 is NOT even an option until several months later.  There are good and bad points to both.  Understand and apply that information to your OWN circumstances and priorities.

[javadown2 308]

2 minutes ago, pushbrk said:

Again, what is best depends on the couple's circumstances and priorities.  If the couple has met in person and cannot get together to be married for another several months, then the CR1 is NOT even an option until several months later.  There are good and bad points to both.  Understand and apply that information to your OWN circumstances and priorities.

The OP was asking what is the best option with little stipulations in his first post..I did see he said they decided on CR-1....but you are right it ALL depends on the couple and what works best for them. I'm just responding on my personal experience with our K-1 process, we chose it because it allowed us to be together MUCH faster at the time (2016, from initial filing to approved interview took about 3 months). So I'm just stating that now it takes much longer to get the K-1 visa approved, so with that said it loses one of it's selling points of being able to be together sooner......so why not file CR-1? Anyways....it still depends on your situation.....

 

 

good luck in your Journey

[pushbrk 12,901]

34 minutes ago, javadown2 said:

so why not file CR-1?

You need to be married to do that.

[Umka36 781]

The biggest issue we had with the CR1 is not living/being together as a married couple while waiting. 

[j&ana 363]

On ‎4‎/‎3‎/‎2018 at 2:15 AM, Umka36 said:

The biggest issue we had with the CR1 is not living/being together as a married couple while waiting. 

to me it is the same whether you are married or not you still have to be apart for awhile even if is less time for the K-1 visa then the cr-1 visa

unless your fiancée is able to visit but if that is the case then he/she will also be able to visit while doing the CR-1 visa too

I will think that if a person is doing a K-1 visa for someone. It is someone they truly love and want to spend the rest of their life with

So to me it is the same the only difference is a married couple has a piece of paper saying they are married

 

[Umka36 781]

13 hours ago, j&ana said:

to me it is the same whether you are married or not you still have to be apart for awhile even if is less time for the K-1 visa then the cr-1 visa

unless your fiancée is able to visit but if that is the case then he/she will also be able to visit while doing the CR-1 visa too

I will think that if a person is doing a K-1 visa for someone. It is someone they truly love and want to spend the rest of their life with

So to me it is the same the only difference is a married couple has a piece of paper saying they are married

 

To each their own, which is why it's nice to have a choice on which path to take. Neither one is better than the other. I don't equate the difference between married and fiancé as just a piece of paper.