K1 vs. CR1/IR1

[amanda&mullins 0]

Hello,

My boyfriend and I are currently considering marriage visa options. I am a US citizen and he is a UK citizen. We eventually would like to live permanently in the US, but we're considering spending some time in UK first. Our options are:

1) Fiance visa (K1) - He will come to the US to get married then apply for adjustment of status.

2) CR1/IR1 - We will get married in the UK through their fiance visa process, live there for a few years, then apply for his US green card through CR1/IR1. 

 

I am wondering if anyone else has weighed these two options? What are the pros and cons of each you found? Is there a reason one of these options is a better idea? 

 

Thanks for your help!

Edited September 30, 2019 by amanda&mullins

[geowrian 22,337]

If you plan to spend time in the US first, the K-1 path doesn't seem suited for you. It would likely be better to live in the US, then start the CR-1 (spousal visa) process from there ~12-18 months or so before you intend to move to the US. You can always slow things down, but it's hard to speed things up.

 

The CR-1 visa is superior in every way except that it takes a few months longer to get (and a rare case of immigrating children aged 18-20). You can't work for several months. You can't travel abroad for several months. You may not even be able to drive for months, depending on state. This is all very rough on newlyweds, especially those who are use to working or being active. It costs more. It can take a year to 18 months or so for AOS to complete to get a green card (depends on local field office).

[amanda&mullins 0]

5 minutes ago, geowrian said:

If you plan to spend time in the US first, the K-1 path doesn't seem suited for you. It would likely be better to live in the US, then start the CR-1 (spousal visa) process from there ~12-18 months or so before you intend to move to the US. You can always slow things down, but it's hard to speed things up.

 

The CR-1 visa is superior in every way except that it takes a few months longer to get (and a rare case of immigrating children aged 18-20). You can't work for several months. You can't travel abroad for several months. You may not even be able to drive for months, depending on state. This is all very rough on newlyweds, especially those who are use to working or being active. It costs more. It can take a year to 18 months or so for AOS to complete to get a green card (depends on local field office).

Hi, not sure if I am understanding your response. If we pursue the CR1 it would be while we are living together in the UK. Then, once it is approved, we would move together to the US. So I am not sure if the working or driving restrictions would apply in that case? 

[geowrian 22,337]

12 minutes ago, amanda&mullins said:

Hi, not sure if I am understanding your response. If we pursue the CR1 it would be while we are living together in the UK. Then, once it is approved, we would move together to the US. So I am not sure if the working or driving restrictions would apply in that case? 

Sorry if I wasn't clear. Those drawbacks (not being able to work, drive, etc.) are with the K-1 visa. The CR-1 visa grants permanent residency ("green card") upon entry, so you can work, travel, drive, etc., right away.

Yes, you can pursue the CR-1 while living abroad.

[amanda&mullins 0]

15 minutes ago, geowrian said:

Sorry if I wasn't clear. Those drawbacks (not being able to work, drive, etc.) are with the K-1 visa. The CR-1 visa grants permanent residency ("green card") upon entry, so you can work, travel, drive, etc., right away.

Yes, you can pursue the CR-1 while living abroad.

I see now. Thank you for the clarification!

[MissyB651 15]

Yes, spousal visa takes longer but is the cheaper better route for your case if you will be living in the UK for more than a year.

[Ryan H 3,812]

Moved from K1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[Wuozopo 4,293]

3 hours ago, amanda&mullins said:

Hello,

My boyfriend and I are currently considering marriage visa options. I am a US citizen and he is a UK citizen. We eventually would like to live permanently in the US, but we're considering spending some time in UK first. Our options are:

1) Fiance visa (K1) - He will come to the US to get married then apply for adjustment of status.

2) CR1/IR1 - We will get married in the UK through their fiance visa process, live there for a few years, then apply for his US green card through CR1/IR1. 

 

I am wondering if anyone else has weighed these two options? What are the pros and cons of each you found? Is there a reason one of these options is a better idea? 

 

Thanks for your help!

For you to get to live in the UK,  get married and go through a process there. He has to make a certain level of income to qualify to bring you over. No joint sponsors are allowed. It's a multi-year/multi-step process before you would get full resident qualifications. https://www.gov.uk/uk-family-visa/partner-spouse

 

So if UK is the first plan, go with that and then do IR1/CR1 about a year before you want to move or do the DCF process which is faster.  You can get married in the US or UK.  He doesn't have to have a fiancé visa to marry in the US. He can marry while here as a visitor in VWP (ESTA), but he is expected to go home.  I refer you to the FAQs on the London Embassy website here https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.