applying for K1 whilst fiancee is studying in UK

[Craig Franklin 2]

I'm a UK citizen and am a software developer and my fiancee is studying forensic science to masters in the UK and living with myself, she will finish in 2020 and we plan to move to the USA ASAP and we're not the biggest fans of the UK culture. We are planning on starting the process of the K1 in Januarary 2020 so by the time graduation comes round hopefully the visa will be granted by the time of graduation approx september to october. Can we apply whilst we're both in the UK? To give reference we're both 20 years old at the time of writing. We obviously want to spend a minimal amount of time away from other and ideally both enter the USA on the same flight. Her parents have agreed to be sponsors for the visa. We have also been considering getting married and going down the marriage visa route (CR1) but this takes considerably longer than the K1 based on what I read. That is not ideal but with the K1 I am worried about how long the adjustment of status will take till I can work. Based on experience what's the best route for us to take? Many thanks in advance

[Crazy Cat 41,899]

I would STRONGLY advise you to consider a CR-1......the CR-1 does NOT take considerably longer these days.

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/he receives approved Advance Parole (approx 5-6 months)    
Spouse can not work until she/he receives EAD (approx 5-6 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 Adjustment of Status  (I-485, I-131, I-765) required.    
Spouse can immediately travel outside the US    
Spouse is authorized to work immediately upon arrival.    
Spouse receives Social Security Card and Green Card within 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. 

Final Analysis:  If you can marry your fiance outside the US, CR-1 is a much, much better option. 

Edited November 4, 2018 by missileman

[SalishSea 17,842]

1 minute ago, missileman said:

I would STRONGLY advise you to consider a CR-1......the CR-1 does NOT take considerably longer these days.

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/he receives approved Advance Parole (approx 5-6 months)    
Spouse can not work until she/he receives EAD (approx 5-6 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 Adjustment of Status  (I-485, I-131, I-765) required.    
Spouse can immediately travel outside the US    
Spouse is authorized to work immediately upon arrival.    
Spouse receives Social Security Card and Green Card within 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. 

Final Analysis:  If you can marry your fiance outside the US, CR-1 is a much, much better option. 

I second that.  Plus, you can do DCF at the London US Embassy.

[Crazy Cat 41,899]

Based on your posted concerns, the CR-1 is the absolute best option, imo...especially the ability to work immediately upon entering the US.

[Craig Franklin 2]

9 minutes ago, missileman said:

I would STRONGLY advise you to consider a CR-1......the CR-1 does NOT take considerably longer these days.

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/he receives approved Advance Parole (approx 5-6 months)    
Spouse can not work until she/he receives EAD (approx 5-6 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 Adjustment of Status  (I-485, I-131, I-765) required.    
Spouse can immediately travel outside the US    
Spouse is authorized to work immediately upon arrival.    
Spouse receives Social Security Card and Green Card within 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. 

Final Analysis:  If you can marry your fiance outside the US, CR-1 is a much, much better option

So, my fiancee wants us to get married in America as her grandfather is a pastor and all of her family is there. We are planning a trip next summer there just for a 2-week visit, but would it be possible to get married there on my tourist visa? Also, would it affect the visa having being married for under a year when applying for the CR-1? 

[mushroomspore 3,044]

2 minutes ago, Craig Franklin said:

So, my fiancee wants us to get married in America as her grandfather is a pastor and all of her family is there. We are planning a trip next summer there just for a 2-week visit, but would it be possible to get married there on my tourist visa? Also, would it affect the visa having being married for under a year when applying for the CR-1? 

Yes you can get married in the US on a tourist visa. After that, you need to go back to the UK and start the CR1 process. And no, the whole point of the CR1 visa is that it is granted to couples who have been married for less than 2 years. The IR1 is also a spousal visa but it is for couples who have been married more than 2 years.

[Crazy Cat 41,899]

1 minute ago, Craig Franklin said:

So, my fiancee wants us to get married in America as her grandfather is a pastor and all of her family is there. We are planning a trip next summer there just for a 2-week visit, but would it be possible to get married there on my tourist visa? Also, would it affect the visa having being married for under a year when applying for the CR-1? 

Getting married in the US, then returning to UK to wait for CR-1 processing is perfectly legal.  No, being married less than a year will have zero effect on the CR-1.

[Boiler 45,557]

DCF all the way.

 

No brainer.

[geowrian 22,337]

Agreed...marry and do DCF. Much faster than a K-1 and it's a far superior visa (except for vary niche cases with near-adult children).

[Craig Franklin 2]

Thanks for all the advice, I think the answer is pretty clear then!

[Crazy Cat 41,899]

1 minute ago, Craig Franklin said:

Thanks for all the advice, I think the answer is pretty clear then!

In your case, I don't think there is any question at all........good luck.

[Russ&Caro 1,549]

18 hours ago, Boiler said:

DCF all the way.

 

No brainer.

Plus, the US relations get to enjoy a trip to England thrown into the bargain.

[C-ma'am 684]

**Post moved from K1 Process to What visa do I need? Where similar posts are discussed