Choosing b/w CR1 & K1 when US Citizen is living abroad

[Orangesapples 1,954]

Something to keep in mind if you want to stay in India for a few more years. If you enter the US on a CR1 visa after your two year marriage anniversary then you'll get a 10 year card and you won't need to remove conditions. 

 

If your wife has enough savings (I think 5 times the annual poverty line) you won't need a cosponsor. 

[Barry Krebs 13]

 CR1 for me.  We found an apartment in Buffalo, we got married in Toronto, and I immigrated with a CR1 Visa.  Your soon to be wife needs to have a physical address in the US.  And unless told to you in a letter, she does is not required to be with you when you go for an interview with the US consulate.  Can't comment on I-864 because we used an affidavit of support that is used with K1 Visas-we're talking late 80s here.  Yet I still required my uncle as co-sponsor because even though my wife works for New York State, the money she made back then was not enough to support two people.  And regardless, she always had a physical US address.  Of course cross-border marriages overall are less complicated if both parties live within earshot of the Canada/US border.  Note:  We did consider K1 but for us it was much more trouble then it's worth.  I had to work ASAP-we needed two incomes, and I did not want restrictions being so close to Canada, so CR1 worked out much better for me.

Edited June 15, 2018 by Barry Krebs
Grammar

[Jorge V 195]

2 hours ago, Kuneesa said:

Thanks. I looked up on DCF and it looks very promising. Are you sure anyone who meets the residency requirements can file it and it is not only for exceptional circumstances/emergencies? 

Anyone who meets the residency requirements can file, as long as you live in one of these countries, https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices . The exceptional circumstances requirement comes into play when someone lives abroad but does not live in one of these. You can read more if you click through to India's field office site ( https://www.uscis.gov/about-us/find-uscis-office/international-offices/india-uscis-new-delhi-field-office ). There's a section titled "Form I-130, Petition for an Alien Relative" that you have to expand, there you'll find this:

 

Quote

Who May File or Receive Service:

U.S. citizens residing in India filing on behalf of their spouse, unmarried child under the age of 21 or parent (if the U.S. citizen is 21 years of age or older).

 

U.S. citizens residing in this field office’s jurisdiction but outside of India may file with the Department of State only if the USCIS New Delhi field office director determines that there are exceptional circumstances.

 

 As you can see, if you reside in India then you qualify just by residing there. If you live outside of India but wish to file at that office you need to show exceptional circumstances.

 

FYI I did DCF in Mexico last year and the total process only took 49 days vs the 12-14 months the standard process takes.

[David & Diana R 1,005]

7 hours ago, Kuneesa said:

Hey Guys! 

We are an Indian-American couple living in New Delhi and about to embark on this visa journey. This is the best place I could find on the internet so I'll be really glad if someone can help us with a couple of questions.

1.) My (soon to be) wife is in India on a work visa and has been working with the same company for over 3 years now. She's been living here since. 
2.) We have been dating for past 2+ years and living together for more than a year. We just got engaged and started looking at the options of moving to the USA. 
3.) What makes more sense. To apply for a K1 fiance visa or getting married here in India and applying for a CR1 visa? 

Thank you in advance! 

I would recommend getting married and filing the CR-1. (Assuming your will be wanting the enter the US within a two year period after marrying.  On the other hand if you marry and stay in India for two or more years you could file the IR-1.)  There are several distinct advantages to being married first.  And since K-1's are taking almost as long as R-1's I would go the marriage route.  Good luck and most importantly God Bless. david

Edited June 15, 2018 by David & Zoila
Typo

[ddtenor2 80]

2 hours ago, Kuneesa said:

Thanks. I looked up on DCF and it looks very promising. Are you sure anyone who meets the residency requirements can file it and it is not only for exceptional circumstances/emergencies? 

I'm pretty sure it's available to anyone who meets the requirements.

[swalker 137]

Lived with my (now) wife for almost 7 years abroad...did K1, but wished we had done the CR1 in retrospect. 

[Pennycat 880]

I'd say in your case, the clear winner is CR1 visa. That's because you live in a DCF country and are eligible (DCF results in a CR1). That will bring the wait time down to half or less of that of the K1. The K1s main advantage is speed over the CR1. Everything else is a downside-- a period of unemployment in the US (at least 3 months, but increasingly it's been approaching 6), the expense and stress of Adjustment of Status, the fact it's a bit of an odd visa and state DMVs don't always know how to deal with it. For you in this situation, CR1 is likely to be faster than K1 and cuts out all that hassle. 

[felipeTAYA 18]

6 hours ago, Kuneesa said:

Thanks. I looked up on DCF and it looks very promising. Are you sure anyone who meets the residency requirements can file it and it is not only for exceptional circumstances/emergencies? 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/india-uscis-new-delhi-field-office

 

Do direct consular.

[Crazy Cat 41,903]

Just as a recap, these are the benefits of a CR-1, imo:

 

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can immediately start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US (my wife entered the US on June 22, 20017.  She received her        SS card on July 3rd, 2017, and her Green Card on July 15th, 2017).

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.

[Pennycat 880]

3 minutes ago, missileman said:

Just as a recap, these are the benefits of a CR-1, imo:

 

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can immediately start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US (my wife entered the US on June 22, 20017.  She received her        SS card on July 3rd, 2017, and her Green Card on July 15th, 2017).

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.

 

 

Superior in those ways for sure but not for time. In some situations, it makes sense to deal with the expense and the downsides in exchange for time (maintaining 2 houses in 2 countries can be expensive, some people have contract jobs, or jobs like teachers with firm "quit by" dates, meaning they'd be unemployed in their home countries waiting to move etc).

 

But in this case with DCF a possibility, the CR1 wins on time, too and so it is a no-brainer.

 

We did K1 and I'd do it again for us and our situation, but usually caution people about the expense and hassle of AOS and the reality of months of unemployment.

[Crazy Cat 41,903]

1 minute ago, Pennycat said:

 

 

Superior in those ways for sure but not for time. In some situations, it makes sense to deal with the expense and the downsides in exchange for time (maintaining 2 houses in 2 countries can be expensive, some people have contract jobs, or jobs like teachers with firm "quit by" dates, meaning they'd be unemployed in their home countries waiting to move etc).

 

But in this case with DCF a possibility, the CR1 wins on time, too and so it is a no-brainer.

 

We did K1 and I'd do it again for us and our situation, but usually caution people about the expense and hassle of AOS and the reality of months of unemployment.

Every couple has their own priorities. I have seen many K-1 spouses say they wish they had gone the CR-1 route.  I have yet to see a CR-1 spouse say they should have gone the K-1 route.....

Only the "soon-to-be-married" couple can decide what is right for them, and I certainly agree with you that all couples should be fully informed of the ramifications of each visa.......good luck.

[Ontarkie 14,234]

~~Moved to What Visa do I need, from IR1/CR1 P&P - the OP is exploring their options~~

[Dashinka 24,519]

10 hours ago, Sukie said:

Get married now, and start the CR-1 process.  It's less expensive in the long run, and you will be able to work as soon as you land in the US.

 

Two things to think about:

1.  As soon as you get married, start saving all paperwork that shows you share life together - living arrangements, financial arrangements, etc. You will need it when it's time for your Removal of Conditions.

2.  You spouse will need to prove domicile (her connections to the US) as well as the fact that she makes enough to sponsor you.  The fact that she has her banking arrangements in the US is good.  But...either she has to be in a field that is easily transferable back to the US, or maybe she already works for a US company?  If she is working for an Indian company, and that salary will stop when you leave, you might need to look for a sponsor.

 

Good luck!!!

 

Sukie in NY

If they get married soon, they may be able to avoid the ROC altogether since the OP stated she will be there for at least another 2 years.  He might get an IR1 depending on the timing.

[Scandi 4,166]

2 hours ago, Pennycat said:

 

 

Superior in those ways for sure but not for time. In some situations, it makes sense to deal with the expense and the downsides in exchange for time (maintaining 2 houses in 2 countries can be expensive, some people have contract jobs, or jobs like teachers with firm "quit by" dates, meaning they'd be unemployed in their home countries waiting to move etc).

 

But in this case with DCF a possibility, the CR1 wins on time, too and so it is a no-brainer.

 

We did K1 and I'd do it again for us and our situation, but usually caution people about the expense and hassle of AOS and the reality of months of unemployment.

Hardly any reason to mention "time" as a reason to do the K-1 at this time since the K-1 is almost taking as long as the CR-1. It might have been different when you filed, but today it's taking much longer, and you get nothing out of it compared to the CR-1.

 

I too went the K-1 route and would never do it again. I would definitely go for the CR-1, especially considering the processing times of today.

 

And if OP can do DCF too, then that's a no-brainer. Definitely CR-1.

[NikLR 13,227]

You guys can do DCF.  https://www.uscis.gov/about-us/find-uscis-office/international-offices/india-uscis-new-delhi-field-office

 

CR1, no questions asked.  It would be ridiculous to do anything else IMHO. 

 

Edited June 16, 2018 by NikLR