What and Where to file

[berg888 2]

Hi, I'm a Filipino citizen, living here in Norway. I just want to ask for some guidance about my current situation. I'm divorced here in Norway and my US citizen fiancé wants to file K1. Do I need to move back to the PH or can we start the process while I am here in Norway? Or would it be easier if we get married here in Norway and file for a spousal visa instead? 

 

Thanks so much for answering in advance. 

[geowrian 22,337]

If you are legally residing in Norway, then you can interview there.

 

Generally, when both individuals live abroad, a CR-1 (spousal) visa makes much more sense. It takes a little bit longer to get but is otherwise superior in every way (and cheaper).

[berg888 2]

14 minutes ago, geowrian said:

If you are legally residing in Norway, then you can interview there.

 

Generally, when both individuals live abroad, a CR-1 (spousal) visa makes much more sense. It takes a little bit longer to get but is otherwise superior in every way (and cheaper).

Yes I legally reside here with permanent residency status. Thanks for your advice. :) 

[xyz12345 260]

4 hours ago, berg888 said:

Yes I legally reside here with permanent residency status. Thanks for your advice. :) 

Do you plan to apply for norwegian citizenship? Or is it a long ways off? Just asking....

[berg888 2]

No. It's still 4 years for me to have norwegian citizenship. 

[Greenbaum 12,259]

12 hours ago, berg888 said:

Yes I legally reside here with permanent residency status. Thanks for your advice.

@geowrian has the best answer. The other plus is that you can get a social security card and begin work within weeks upon arriving in the US when using the CR-1 visa. K-1 have been known to wait 6-12 months before they could work. So, I throw my hat in the ring that CR-1 is the way to go.

 

I'm not the author of this but someone was kind enough to post. I'm sharing it with you as it will help in your decision.

 

K-1 vs CR-1 Full Analysis

 

K-1

More expensive than CR-1    

Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    

Spouse cannot leave the US until she/he receives approved Advance Parole (about 5-6 months)    

Spouse cannot 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 8 to 10 months (NOA1 to Interview) This is officially qquoted 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

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) 

[geowrian 22,337]

4 minutes ago, Greenbaum said:

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

Great list, although I would dispute this line item. I denied, a K-1 has no practical options other than to start over from scratch. A denied CR-1 can be reaffirmed. So if there are red flags and one is concerned about being denied, I would suggest steering away from the K-1.

[Ryan H 3,812]

Moved from K1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.

[berg888 2]

Awesome advices. Thank you so much 🥰