Which is our best option?

[gregcrs2 1,778]

9 minutes ago, AStie said:

Thanks to everyone for the replies...with regards to a CR 1. What are your reasons for chposin it over the K1, and also, once started it true that she will need to remain outside the United States the entire time? Right now she travels on a B1-B2 Visa.

We married in Ukraine for personal reasons.  She has more family and life-long friends than I have.  My family is small and scattered throughout the USA.  Besides that, she was thrilled to have the wedding in her country!  The timeline between K-1 and CR-1 was not much difference.  She stayed outside the USA until she had her CR-1 visa.  We decided that was best as I was visiting often and our CR-1 process went quite fast.  Please note that my wife also had a B1/B2 visa.  Since your fiancé has a B2 visa, she can try to visit you in the USA during the process but there is no guarantee she will be allowed to enter.  Once her K-1 or CR-1 visa is issued, her B2 visa is cancelled.  Hope that helps.  

[mushroomspore 3,044]

Firstly, congrats on the engagement!!

 

Other people have already told you the differences between K1 and CR1. They each have their pros and cons. Personally, I would suggest CR1 because she will be able to work immediately upon arrival in the US. I'm a writer and staying at home all day everyday for months doesn't bother me as much as it does some people.  But I still went kinda insane from not making money while we were waiting for my work permit.

 

An important thing to remember: she will most likely receive a 2-year conditional green card, no matter which visa you go for. They issue these when the couple has been married for less than 2 years. They give 10-year unconditional green cards to couples married more than 2 years. So unless this gets dragged out due to unforeseen circumstances, the 2-year GC is you'll get. With the 2-year GC, you guys MUST file I-751 (Removal of Conditions [RoC]) 90 days before the GC's expiration. This is exactly what it sounds like and grants your fiancee the 10-year GC.

 

One year after THAT, she will be eligible to apply for citizenship, provided she is still married to you and meets all the other requirements.

 

Now, I HIGHLY suggest you not only read all the forms and their instruction packets for whichever visa you go for, but ALSO the paperwork on RoC and citizenship. It is REALLY important you arm yourself with all the information and proper requirements/conditions of the entire process BEFORE you fill anything out and send it in. People make devastating mistakes because they didn't read something or know about something or didn't realize the scope of what they were getting into. People have left the country during AoS without AP and have had to start the whole thing over from abroad. People have "forgotten" to file RoC and had to appear in court to plead their case. People have committed fraud by entering with the wrong visa or wrong intentions and then act shocked when they're denied entry. You see what I mean.

 

Read the guides here and read the instructions for each form from USCIS.gov. They provide pretty much everything you need to know. Good luck.

[Dutchster 1,107]

Since the CR-1 and K-1 process timelines are so close to each other I would definitely recommend to look more into the CR-1 process. K-1 comes with many disadvantages and is way more expensive than CR-1. After the K-1 visa holder enters the US, there is another $1225 to file her green card petition (adjustment of status) and depending on the county or state she won't be able to get a drivers license yet and work before having her work authorization. With CR-1 the applicant already adjusts status during the NVC stage and upon arrival in the US, can do anything like work and drive.

The only reason I did the K-1 is because we really didn't want to be separated for so long. I hated the AOS stage. 

[Penguin_ie 5,994]

****** Many posts removed for personal attacks, bickering, and off topic posts.  Stick to providing correct factual information to Op in a polite manner or do not post ****** *****

Edited July 5, 2018 by Penguin_ie

[AStie 0]

38 minutes ago, Penguin_ie said:

****** Many posts removed for personal attacks, bickering, and off topic posts.  Stick to providing correct factual information to Op in a polite manner or do not post ****** *****

Thank you. I appreciate the information shared, and I am glad the thread is cleaned up.

[Little_Vixen 1,869]

3 hours ago, AStie said:

Thanks to everyone for the replies...with regards to a CR 1. What are your reasons for chposin it over the K1, and also, once started it true that she will need to remain outside the United States the entire time? Right now she travels on a B1-B2 Visa.

We chose the K1 cause I figured I'd be with him sooner and it feels weird to get married and then be separated for so long, it just doesn't feel right. If we had to do it again we'd probably choose CR1.

 

If you file K1 or CR1 she can still travel to the united states. Her B1B2 visa will be valid the whole time until the CR1 or K1 visa is issued. After she receives her CR1 or K1 visa her B1B2 visa will be void. Knowing this is especially important for when you have a K1 visa. She can not travel back and forth on the B1B2 after receiving her K1. If she travels to the US and leaves again without first applying for an Advance Parole (AP) she will have forfeited her K1 and you have to start all over again.

 

[AStie 0]

1 minute ago, Little_Vixen said:

We chose the K1 cause I figured I'd be with him sooner and it feels weird to get married and then be separated for so long, it just doesn't feel right. If we had to do it again we'd probably choose CR1.

 

If you file K1 or CR1 she can still travel to the united states. Her B1B2 visa will be valid the whole time until the CR1 or K1 visa is issued. After she receives her CR1 or K1 visa her B1B2 visa will be void. Knowing this is especially important for when you have a K1 visa. She can not travel back and forth on the B1B2 after receiving her K1. If she travels to the US and leaves again without first applying for an Advance Parole (AP) she will have forfeited her K1 and you have to start all over again.

 

Thank you so much for the information. Yes it feels a bit gut wrenching to have a wedding and a honeymoon and then be required to spend all this time apart! I am relieved to hear that she can still travel here...

[Jenny17655 284]

3 hours ago, Lyndsey88 said:

I never said i was right or wrong, I haven't continued to insist I'm right, all i did was say what the american emigration officer told me 

Is it possible she is talking about traveling back and forth on a visitor visa while her K1 is being processed?

[NikLR 13,227]

4 hours ago, AStie said:

Thanks to everyone for the replies...with regards to a CR 1. What are your reasons for chposin it over the K1, and also, once started it true that she will need to remain outside the United States the entire time? Right now she travels on a B1-B2 Visa.

Right now she can travel with her B1/B2 regardless of process.  

We chose the CR1 for several reasons.

A) it's cheaper overall

B) I could work right away 

C) I could travel right away

Even when I did the CR1 and it was taking less time, K1 were still generally shorter.  But always its longer to green card with a K1.  Honestly it's a personal decision. Right now the EAD is taking 4-6 months.  I get bored with a month off work. I hate feeling dependent on someone else too.  Being together faster isnt necessarily the best decision.  As someone once told me, what is a year in a lifetime?

 

[Mrs. DPK 66]

6 hours ago, AStie said:

Thanks to everyone for the replies...with regards to a CR 1. What are your reasons for chposin it over the K1, and also, once started it true that she will need to remain outside the United States the entire time? Right now she travels on a B1-B2 Visa.

Hi!

 

My husband and I chose the CR1. I had a B1/B2 visa prior to starting the process and was able to visit several times (the last time for about 5 months) with no problems.

 

Each time, I was admited for 6 months total. For the 1st three times, I’d only stay for 1 and a half week; the last visit I used almost my 6 months. POEs were LAX and SF, idk if that makes a difference.

 

Having obtained the tourist visa already  and showing continuous visits it’s great in her/your case. After getting married, I was a bit afraid to state my purpose of stay as “visiting my husband” BUT that’s when your good record helps you.

 

Also make sure she brings documentation supporting that she’ll be be back home (I would usually bring with me my employers “vacation slip”, or future doctor’s appointments, etc.).

 

Imo your best option is to do a CR1. That way you could do the destination wedding and keep the continuous visits.

Edited July 5, 2018 by Mrs. DPK

[Crazy Cat 41,901]

This is my recap and analysis of K-1 vs CR-1:

 

 K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

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

 

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

[Sunnyland 639]

8 hours ago, Lyndsey88 said:

I never said i was right or wrong, I haven't continued to insist I'm right, all i did was say what the american emigration officer told me 

 

Maybe you can give us the name of the immigration officer,  and what he exactly wrote in your passport? The name of whatever you talking about. 

As others have said, the only way to be allowed entry (while waiting on your AOS to be approved) is if the person applied for an Advance Parole document  or I-131 and obviously received the AP card approved (which usually takes about 3-6 months).

When I entered the US (in 2012) on my K1, the immigration officer (secondary inspection at POE Miami) explained me that I could travel if when I do my Adjustment of Status I apply for the travel document (AP). 

 

[Crazy Cat 41,901]

6 hours ago, Dutchster said:

The only reason I did the K-1 is because we really didn't want to be separated for so long. I hated the AOS stage. 

It seems that, last week alone, I saw several posts describing issues which arose due to the AOS stage of being in "limbo".  Travel issues, driving issues, and not being able to work all seem to be prevalent lately.  If a couple can visit via a B2 or ESTA, CR-1 ia a great choice, imo.

[Carpe Vinum 2,327]

The only advantage to the K-1 is it used to be much faster. My first one was approved in 43 days. Those days are long gone it seems. Another advantage -- just looking at it from the outside -- is that if your partner arrives and doesn't like it here the separation is a lot less messy with the K-1. No divorce, etc. I'm sure everyone comes into the C-1 and K-1 with the best intentions but reality is reality...

Edited July 5, 2018 by boris64

[x_driven_x 1,778]

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Edited July 6, 2018 by x_driven_x