Advice - where do we go from here.

[wander2gether 0]

Hey guys,

 

I (American) am looking for some advice for my partner (Australian) and I to figure out our next steps and what our best option(s) might be for our situation. We are currently lving in New Zealand on working holiday visas and plan to head to the States after our time here is up at the end  of the year. We are planning to get married anyways but are unsure whether we should go the route of the K1 visa or get married before heading back to the States and go for the CR-1. We have done alot of reading and are getting mixed results. Ideally we dont want to be apart for months. 

Is filing from abroad for both visas possible?

And what is the current wait times for the CR1

also with the DCF what do we need to qualify?

 

any help or advice would be much appreciated.

Thanks in Advance

[geowrian 22,337]

The CR-1 is better than the K-1 in every way except it takes a little longer. I'd highly suggest looking at that, as well as all the drawbacks of the K-1 (cost, can't work for months, can't travel abroad and return to the US for months, etc.).

 

15 minutes ago, wander2gether said:

Is filing from abroad for both visas possible?

You would file domestically. This can be done (sent) whether you are in the US or abroad.

 

Quote

And what is the current wait times for the CR1

~12-16 months I believe. That applies to people who applied ~12-16 months ago...no way to know what it will be for somebody who files today.

https://www.visajourney.com/timeline/irstats.php?cfl=

 

Quote

also with the DCF what do we need to qualify?

A USCIS field office in the country for one thing, which doesn't appear to be the case: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

There are exceptional circumstances, but as the name implies, this is an exception to the norm. Expect to have to file domestically.

Note that DCF only applies for the I-130....an I-129F (for a K-1) cannot do DCF anywhere.

Edited January 2, 2020 by geowrian

[Crazy Cat 41,888]

Many people in your situation find the CR-1 to be a better fit than a K-1:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US 
    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
    Slightly slower arrival in the US 

    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 status IMMEDIATELY upon entry to US.
  �

 

Edited January 2, 2020 by missileman

[wander2gether 0]

Thanks guys, Do you know if it is possible to still travel whilst applying for the CR1 also?

my current visa in NZ runs out in November and we were wondering if we could travel for a few months to spend extra time together before I will have to go back to the states and wait for her.

[cbro 59]

27 minutes ago, wander2gether said:

Thanks guys, Do you know if it is possible to still travel whilst applying for the CR1 also?

my current visa in NZ runs out in November and we were wondering if we could travel for a few months to spend extra time together before I will have to go back to the states and wait for her.

You can both travel but at some point your future spouse would need to be legally residing somewhere she can have the visa interview, maybe Sydney?  You'd only have to go back and wait for her if you don't have a valid visa to be anywhere else and just need to go back to US so you don't violate any other country's immigration laws...

[Just Paul 4,595]

On 1/2/2020 at 12:17 AM, wander2gether said:

also with the DCF what do we need to qualify?

For DCF you need to have residence (both petitioner and beneficiary) in a country that still has an USCIS International Field Office.

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

 

32 minutes ago, wander2gether said:

Do you know if it is possible to still travel whilst applying for the CR1 also?

my current visa in NZ runs out in November and we were wondering if we could travel for a few months to spend extra time together before I will have to go back to the states and wait for her.

You can travel all you want before the interview.

Edited January 3, 2020 by Paul & Mary

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.