Proceed with k1 or file for CR1?

[Jfresh26 23]

We just filed the k1f visa, awaiting the hard copy of the NOA1. I am leaving to see my fiancée in the Philippines in 9 days. I was planning to stay there while we wait for on our approval. However, I’m wondering if we should just get married while I’m there and file for a CR1 visa instead? 

[Empressdivine 113]

50 minutes ago, Jfresh26 said:

We just filed the k1f visa, awaiting the hard copy of the NOA1. I am leaving to see my fiancée in the Philippines in 9 days. I was planning to stay there while we wait for on our approval. However, I’m wondering if we should just get married while I’m there and file for a CR1 visa instead? 

What's the benefit for you guys to switch to the CR1? 

[Nitas_man 3,100]

You haven’t filed for a visa, you filed a petition.

 

The CR1 is usually better for the immigrant in the long run - though it takes longer the immigrant is free to work, drive, and travel right away when they arrive in the US - long before a K1 can.

Unless you are independently wealthy it is difficult to demonstrate that you can support your beneficiary if you are overseas and not employed in the US.

 

You’ll lose your I129F filing fee.  

[Duke & Marie 1,389]

3 hours ago, Jfresh26 said:

We just filed the k1f visa, awaiting the hard copy of the NOA1. I am leaving to see my fiancée in the Philippines in 9 days. I was planning to stay there while we wait for on our approval. However, I’m wondering if we should just get married while I’m there and file for a CR1 visa instead? 

It’s not a decision anyone can make for you.. both k1 and CR1 have their advantages and disadvantages it’s up to you to work out which is better for you guys.. 

 

personally, I went CR1.. yes it takes longer initially and it’s hard to be seperated from my husband.. but it comes with the benefit of being able to work etc as soon as I get off the plane...ill have snn, be able to get a driver licence bank account etc etc like any normal American..

 

K1 you have to support your fiancée from the day they land right through marriage, AOS and getting authority to work etc.. could be 9 months or more.. they’ll have problems with driving, bank accounts and so on as the whole process is going on.. 

 

review both visas carefully, work out your best options.. then if you’ll get married or not first

 

i wouldnt recommend staying Philippines... you’ll have domicile and sponsorship issues down the track..

Edited November 29, 2019 by Duke & Marie

[Greenbaum 12,259]

Here is the K-1 vs CR-1 Full Analysis. Now you can see which works best for you.

 

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 (about 5-6 months)    

Spouse can not work until she/he receives EAD (about 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 10 to 12 months after Adjustment of Status is filed.

If you have red flags this may be the best place to start in case of denial.

Estimated timeline is approximately 8 to 10 months (NOA1 to Interview)  This is officially quoted as 6 to 12 months.

 

K-1 Fees

$535 - USCIS Filing Fee

$265 per person - DS-160 (Visa Application)

$200 to $400 - Medical Fee

$1,225 per person - AOS Fee (Includes EAD/AP if filed together)

$750 per child under 14

$680 per person - ROC Fee

 

 

$2,705 plus medical (K-1)

$2,170 plus medical (K-2 over 14 years old)

$1,695 plus medical (K-2 14 years old and younger)

 

 

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    

Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

Spouse has Legal Permanent Resident (LPR) status IMMEDIATELY upon entry to the United States

If you are truly concerned about a denial, the K-1 may be a better place to start.

Estimated timeline is 10 to 12 months (NOA1 to Interview) This is officially quoted at 12 to 14 months.

 

CR-1 Fees

$535 - USCIS Filing Fee

$120 - Affidavit of Support Fee

$325 - DS-260 (Visa Application)

$200 to $400 - Medical Fee

$220 - USCIS Immigrant Fee

$680 - ROC (if married less than 2 years at POE)

 

$1,200 plus medical (per person if married more than 2 years when filing)

$1,880 plus medical (per person if married less than 2 years at POE)

[JFH 12,189]

*~*~*moved from “K-1 fiancé visa progress reports” to “what visa do I need” as OP is still comparing the options*~*~*

 

 

Personally I would say get married and file for the CR-1 - immigration is a marathon, not a sprint and the fastest way into the country isn’t always the best way in the long run. I personally can think of only one situation where a K-1 is advantageous and that’s when the beneficiary has a children between 18 and 21 that they want to bring with them. 

 

You couldn’t have paid me enough to do a K-1 and not be able to immediately continue furthering the career I’ve worked so hard at and that I studied so long for. I also would have been devastated if I couldn’t return home at short notice if something happened to one of my parents/siblings/elderly relatives. I’ve never been a kept woman and I certainly had no intention of becoming one in a foreign country.