Timeline

[JennandJames 19]

I'm looking at timelines on here for the K1 VISA and there are some that have taken years to complete.  Some with big gaps. Can anyone tell me why that would be? Has anyone recently gotten the Visa,  how long did it take from when you sent the application in? My fiance is coming from Canada. 

[mushroomspore 3,044]

The adjustment of status phase after entering with K1 and marrying takes a long time now. Lately, it's typical for most people to receive EADs 5-8 months after filing AoS. To get the interview, it's taking up to a year or more.

[JennandJames 19]

Just now, mushroomspore said:

The adjustment of status phase after entering with K1 and marrying takes a long time now. Lately, it's typical for most people to receive EADs 5-8 months after filing AoS. To get the interview, it's taking up to a year or more.

Oh okay,  so that's not a couple years to get the Visa?

[Crazy Cat 41,886]

These are the average K-1 processing times as reported by VJ members:  http://www.visajourney.com/content/k1historical

[mushroomspore 3,044]

Just now, JennandJames said:

Oh okay,  so that's not a couple years to get the Visa?

No, K1 visa by itself can take 8-10 months, maybe more because this process is not guaranteed. It can take a couple years to go from K1 to green card.

[Crazy Cat 41,886]

Since your fiance is from Canada, have you both considered a CR-1 instead of a K-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.

[JennandJames 19]

2 minutes ago, missileman said:

Since your fiance is from Canada, have you both considered a CR-1 instead of a K-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.

Doesn't the CR1 take longer for him to be able to move here?

[Crazy Cat 41,886]

The average processing time between a K-1 and a CR-1 is only about 100 days.  With a CR-1, the spouse receives a Green Card within a few weeks of entry into the US.  For a K-1, the spouse will not receive a Green Card for at least a year after entry to the US.

just something to think about.

[Crazy Cat 41,886]

Just now, JennandJames said:

Doesn't the CR1 take longer for him to be able to move here?

about 3-4 months  longer, but the advantages vastly outweigh that time, imo.

[Hello729 74]

2 minutes ago, JennandJames said:

Oh okay,  so that's not a couple years to get the Visa?

I think you are confusing the two’s:  getting a visa approved takes about a year on average ( Ceteris paribus) but you have to file for an adjustment of status thereafter which now can take a significantly longer time.   

[JennandJames 19]

3 minutes ago, missileman said:

about 3-4 months  longer, but the advantages vastly outweigh that time, imo.

He won't be coming here for a few months, so we won't be married until then.  Then I won't be able to apply until after that point.  

[mushroomspore 3,044]

2 minutes ago, JennandJames said:

He won't be coming here for a few months, so we won't be married until then.  Then I won't be able to apply until after that point.  

Have you actually filed anything yet??

[JennandJames 19]

No I was planning on doing that next week.  I just feel that it would be better to file the K1 next week rather than waiting until January when he comes here to get married and then filing. I feel like I will be further in the process by January.  I can't go another couple of years without being with him.  I have already spent 3 years without him.

[Crazy Cat 41,886]

5 minutes ago, Hello729 said:

I think you are confusing the two’s:  getting a visa approved takes about a year on average ( Ceteris paribus) but you have to file for an adjustment of status thereafter which now can take a significantly longer time.   

Exactly.  With AOS, the K-1 spouse will not receive a Green Card for about 2 years from filing to Green Card in hand.  Whereas a CR-1 is currently taking 12-14 months on average, and it results in a Green Card immediately upon entry to the US.

[mushroomspore 3,044]

Just now, JennandJames said:

No I was planning on doing that next week.  I just feel that it would be better to file the K1 next week rather than waiting until January when he comes here to get married and then filing. I feel like I will be further in the process by January.  I can't go another couple of years without being with him.  I have already spent 3 years without him.

Sorry, I'm a little confused. If you are doing K1, he cannot enter the US to get married to you until AFTER the K1 is approved. It will not be approved by January. Realistically, maybe sometime April to June.