K1 or CR1: an IMBRA consideration

[Romantic_Dave 0]

Hi All,

 

I'd like suggestion choosing between K1 or CR1 (or maybe even a tourist visa route for my girlfriend).

If k1: it'd be my 3rd application, and the 2nd one was less than 2 years ago, so I'd need to request a waiver.

It seems that CR1 wouldn't need such waiver, but I could be wrong. We could get married in a 3rd country.

Suggestions are really appreciated!

 

Background info: I started and stopped the 1st k1 almost immediately, before NOA2.

The 2nd one came here, we didn't get married ("irreconcilable differences") and she went home.

Then I met my current girlfriend, and finally hope 3rd time is the charm.

I've no criminal record and can explain in the waiver letter, but prefer not to roll the dice.

 

She also has a tourist visa, so that's another possible option, we could get married here.

But then she'll probably have to leave and we apply for CR1 anyway?

 

Thankfully,

Dave

 

[geowrian 22,337]

1 hour ago, Romantic_Dave said:

I'd like suggestion choosing between K1 or CR1 (or maybe even a tourist visa route for my girlfriend).

If k1: it'd be my 3rd application, and the 2nd one was less than 2 years ago, so I'd need to request a waiver.

It seems that CR1 wouldn't need such waiver, but I could be wrong. We could get married in a 3rd country.

Suggestions are really appreciated!

<Tourist visa addressed below>

Yes, K-1 needs a waiver. CR-1 does not.

You can marry anywhere.

The only advantage of a K-1 is being slightly faster. the CR-1 is better in every other way.

 

Quote

She also has a tourist visa, so that's another possible option, we could get married here.

But then she'll probably have to leave and we apply for CR1 anyway?

Correct - she cannot come on a tourist visa with intent to stay. That would be fraud.

She can visit and marry fine. She can visit during the process as well. Every entry is at CBP discretion, like always.

Edited November 30, 2019 by geowrian

[payxibka 10,045]

6 hours ago, Romantic_Dave said:

Hi All,

 

I'd like suggestion choosing between K1 or CR1 (or maybe even a tourist visa route for my girlfriend).

If k1: it'd be my 3rd application, and the 2nd one was less than 2 years ago, so I'd need to request a waiver.

It seems that CR1 wouldn't need such waiver, but I could be wrong. We could get married in a 3rd country.

Suggestions are really appreciated!

 

Background info: I started and stopped the 1st k1 almost immediately, before NOA2.

The 2nd one came here, we didn't get married ("irreconcilable differences") and she went home.

Then I met my current girlfriend, and finally hope 3rd time is the charm.

I've no criminal record and can explain in the waiver letter, but prefer not to roll the dice.

 

She also has a tourist visa, so that's another possible option, we could get married here.

But then she'll probably have to leave and we apply for CR1 anyway?

 

Thankfully,

Dave

 

2nd i129f petition within 2 years or 3 or more i129f petitions.   You get to tick both boxes.  Waiver requuired 

[Romantic_Dave 0]

How difficult is it to get a waiver to submit a new (3rd) K1?

[payxibka 10,045]

1 hour ago, Romantic_Dave said:

How difficult is it to get a waiver to submit a new (3rd) K1?

Typically not difficult

[Romantic_Dave 0]

Thanks! Do I need a lawyer to make sure it's convincing? I don't want to waste 6 months to find out they didn't like it.

[Just Paul 4,595]

5 hours ago, Romantic_Dave said:

Thanks! Do I need a lawyer to make sure it's convincing? I don't want to waste 6 months to find out they didn't like it.

Not a lawyer but 3 petitions sometime points to other issues

 

Edited January 19, 2020 by Paul & Mary

[Romantic_Dave 0]

Also, from processing times it seems that CR1 takes twice as long as K1?

[Just Paul 4,595]

24 minutes ago, Romantic_Dave said:

Also, from processing times it seems that CR1 takes twice as long as K1?

 All depends on the service center, which you can't control, and if any RFEs are sent.

[payxibka 10,045]

10 hours ago, Romantic_Dave said:

Thanks! Do I need a lawyer to make sure it's convincing? I don't want to waste 6 months to find out they didn't like it.

Mine was one page