CR-1 vs K-1 ... upcoming deployment. What is the best/fastest option if we plan on requesting an expidite?

[RobynAndBradley 2]

I am US citizen and in the military and am scheduled to deploy in later this year. My fiancé is a Canadian citizen and we have been in a relationship with lots of time spent together for the past 3.5 years. We are confused and unsure of which direction to go in terms of getting married and getting her to the US with me before I leave. We are also concerned about her not being able to work for an extended period of time while I am overseas (if we decide to go K1 route and have to wait for her work visa). I will try to organize the questions as best as possible, any and all experience and feedback is greatly appreciated! 

 

1.) Granted that I am able to successfully receive a military expedite would it be better/faster to go with the K1 or CR-1 visa? Is the expedite process/timeframe the same for both? 

 

2.) If we decide to go with the CR-1, can she come to the USA and marry here, then go home to Canada and we apply once she is back home? Will we have issues with USCIS thinking our marriage is not Bona Fide if we have a quick courthouse wedding then apply for CR-1 immediately once she goes back to Canada? (We have a ton of evidence of our relationship, photos, plane tickets, passport stamps, mail with both our names on it at my address). 

 

3.) If we go with the k-1 visa, and marry immediately when she arrives in the USA once her visa is approved (no need to wait the full 90 days in our case), how long will it take for her to be able to work/receive advanced parole? We are concerned that I will have to leave shortly after she arrives and she will be stuck not able to work and make money or go home to see her family for the first few months that I am gone. Can we also apply to expidite to her AOS/Work Permit/Advanced Parole?  

 

4) If we do marry first so she can be eligible for health benefits receive a military dependent ID card, will that expedite the process or hinder her getting her visa/work status approved?

 

Thanks in advance everyone. 

 

 

Edited March 11, 2019 by Robynski
Spelling

[NikLR 13,227]

Suggest CR1. Petitioning shortly after marriage isnt an issue.  But waiting 6 months for AP and EAD may drive her stir crazy. 

[RobynAndBradley 2]

29 minutes ago, NikLR said:

Suggest CR1. Petitioning shortly after marriage isnt an issue.  But waiting 6 months for AP and EAD may drive her stir crazy. 

Thanks for the response! Is she able to work immediately upon entry with the CR-1 after she goes and gets a SSN? It was my understanding that she will get a stamp on her passport that acts as a temporary green card until the plastic card is mailed. 

Edited March 11, 2019 by Robynski
Added info

[Lil bear 4,210]

7 minutes ago, Robynski said:

Thanks for the response! Is she able to work immediately upon entry with the CR-1 after she goes and gets a SSN? It was my understanding that she will get a stamp on her passport that acts as a temporary green card until the plastic card is mailed. 

Correct 

[NikLR 13,227]

59 minutes ago, Robynski said:

Thanks for the response! Is she able to work immediately upon entry with the CR-1 after she goes and gets a SSN? It was my understanding that she will get a stamp on her passport that acts as a temporary green card until the plastic card is mailed. 

Yes.  She would have more independence and since you'll be deployed it would be important i would think.  

[RobynAndBradley 2]

7 minutes ago, NikLR said:

Yes.  She would have more independence and since you'll be deployed it would be important i would think.  

Definitely. We are just concerned about the expedite process for the CR-1... wondering if it will take longer to expidite a CR-1 over a K1 because the whole CR-1 process takes longer on average. 

[Illiria 980]

Sorry for rambling -tldr- spousal is better for a myriad of reasons 

 

Cr1 is not much longer nowadays - a month or two usually.

 

The expedite with whichever route you choose will at most be enough time to get the visa process done so even if you expedite the k1 to get her to the us quicker she will most likely have to do the adjustment of staus interview on her own as you will be deployed by then, I wouldn’t want to. There is an exemption for spouses of deployed military for having them at the adjustment interview but I personally wouldn’t want to be an unusual case for the interviewer but then I am paranoid about these things. If your intended is more chill they may be ok with doing the interview in their own.

 

If you expedite the cr1 and they get it to the embassy stage before you deploy there is a chance you could be at that interview with her, no garuntees in this as each embassy is different and the timing would have to work out.

 

If you are doing spousal at least once she gets the visa she is in and if you are deployed maybe family can help get her set up but if you are doing fiancé and it doesn’t expedite quick enough you may even deploy before she gets here in which case would you be able to marry in the 90 days, that would depend on your exact dates and how fast USCIS move themselves.

 

 

Edited March 11, 2019 by Illiria
I ramble

[NikLR 13,227]

45 minutes ago, Robynski said:

Definitely. We are just concerned about the expedite process for the CR-1... wondering if it will take longer to expidite a CR-1 over a K1 because the whole CR-1 process takes longer on average. 

It takes a little longer but the visa would be superior for your fiance. Suggest marrying asap to start the process.  

[USS_Voyager 1,972]

1 hour ago, Robynski said:

Definitely. We are just concerned about the expedite process for the CR-1... wondering if it will take longer to expidite a CR-1 over a K1 because the whole CR-1 process takes longer on average. 

First of all, thank you for your services. 

 

As others have mentioned, the CR1 is superior to the K1. It might take a little bit longer, like 1-2 months for her to get to the US,  but she will be a permanent resident from the moment she enters, with the ability to work and travel back and forth. Not to mention the spousal benefits of a military wife (health insurance, ....) that you already know. Lots of people regret doing the K1. No one ever regrets doing CR1.