Advise please

[JESsiegurl 0]

So I could start the K1 process now and still visit in December ?

[Crazy Cat 41,888]

Food for thought:

 

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. 

[Ben&Zian 4,398]

2 minutes ago, JESsiegurl said:

So I could start the K1 process now and still visit in December ? 

 

Yes. Entry is always up to CPB at the airports but you are allowed to visit even with a pending I-129f petition. Still just have to be able to prove to them you will enter and leave on the expected date that they allow. 

 

But as @missileman stated above, it's up to you on which process you choose  is better for you two.

 

For us, K-1 was only option so; but you do have both available.

Edited August 22, 2018 by Ben&Zian

[hellofromme 34]

marry now, file CR1 now, and the wait will SEEM less. you can still visit while its pending and all in all its the superior visa. 

[JESsiegurl 0]

7 minutes ago, hellofromme said:

marry now, file CR1 now, and the wait will SEEM less. you can still visit while its pending and all in all its the superior visa. 

Marry in Australia? Then file for CR1?

[JESsiegurl 0]

11 minutes ago, Ben&Zian said:

 

Yes. Entry is always up to CPB at the airports but you are allowed to visit even with a pending I-129f petition. Still just have to be able to prove to them you will enter and leave on the expected date that they allow. 

 

But as @missileman stated above, it's up to you on which process you choose  is better for you two.

 

For us, K-1 was only option so; but you do have both available.

Okay thanks! I think the CR1 is the better option because I’m wanting to go back to Australia after visiting in December. So if I was to marry in December I would then apply for the CR1 and could return to visit?

 

sorry for all the questions 

[hellofromme 34]

1 minute ago, JESsiegurl said:

Marry in Australia? Then file for CR1?

marry anywhere, doesn't matter where. but the sooner you marry, the sooner you can get the process started. 

Just now, JESsiegurl said:

Okay thanks! I think the CR1 is the better option because I’m wanting to go back to Australia after visiting in December. So if I was to marry in December I would then apply for the CR1 and could return to visit?

 

sorry for all the questions 

yes. 

 

on a k1 visa you would have to wait for AP which is taking 5-7 months. you could not leave and re enter the states without it. with the CR1 you can travel freely, immediately. 

 

read the guides. 

[NikLR 13,227]

Keep in mind that if you get married first, everyone immigrating will need an I-130. So if your two children are not USC, they will need I-130s as well.  If you choose the K1 fiance route, they would need K2 visas to immigrate and then later adjustment of status.

 

 

~~moved to what visa do I need from IR1/CR1 progress reports~~

[Crazy Cat 41,888]

3 minutes ago, JESsiegurl said:

Marry in Australia? Then file for CR1?

Correct......and many people visit their spouse during the process......for couples who can visit, the CR-1 is, imho, vastly superior.  Almost daily, I see situations arise due to complications arising from the "limbo" status of a K-1 spouse.  A Cr-1 spouse becomes a legal resident IMMEDIATELY upon entry to the US via their visa.

[JESsiegurl 0]

8 minutes ago, missileman said:

Correct......and many people visit their spouse during the process......for couples who can visit, the CR-1 is, imho, vastly superior.  Almost daily, I see situations arise due to complications arising from the "limbo" status of a K-1 spouse.  A Cr-1 spouse becomes a legal resident IMMEDIATELY upon entry to the US via their visa.

Okay! So example.... 

if we were to get married here in Australia in oct.... then apply for CR1 

i can still visit in dec? Is there a time limit I can only be in California?

[Crazy Cat 41,888]

2 minutes ago, JESsiegurl said:

Okay! So example.... 

if we were to get married here in Australia in oct.... then apply for CR1 

i can still visit in dec? Is there a time limit I can only be in California?

Yes, you can visit after your marriage.  There are posters here who visited the US many times after filing the CR-1.  @JFH is one.

The length of your visits to the US are always at the discretion of the CBP officer.

 

[JESsiegurl 0]

4 minutes ago, missileman said:

Yes, you can visit after your marriage.  There are posters here who visited the US many times after filing the CR-1.  @JFH is one.

The length of your visits to the US are always at the discretion of the CBP officer.

 

Ok. Thanks! So obviously getting married here in aus will save us 3/4 months of waiting compared to getting married in December. 

Do you know the wait time of approval for the CR-1

[mushroomspore 3,044]

5 minutes ago, JESsiegurl said:

Ok. Thanks! So obviously getting married here in aus will save us 3/4 months of waiting compared to getting married in December. 

Do you know the wait time of approval for the CR-1

It takes 12-18 months.

 

But the advantage is you and your children will be permanent residents upon arrival and green cards will be mailed 2-3 weeks after.

[JESsiegurl 0]

23 minutes ago, mushroomspore said:

It takes 12-18 months.

 

But the advantage is you and your children will be permanent residents upon arrival and green cards will be mailed 2-3 weeks after.

Oh ok. So in December if I choose to visit I can’t stay there can I , I have to return to Australia right?

[Crazy Cat 41,888]

Just now, JESsiegurl said:

Oh ok. So in December if I choose to visit I can’t stay there can I , I have to return to Australia right?

Correct.....