Long-distance relationship - Immigration in a non-COVID scenario - K1 or CR-1?!

[emmewalle 8]

Hello everyone,

 

I am new to this forum and have been doing my research on the US Immigration process, hoping to understand whether the K1 or the CR-1 (I-130) is a better option for us. All of this is separate to the COVID-19 situation and the recent Immigration Ban.

 

Some background:

 

1. Boyfriend: US citizen by birth; lives and works in Los Angeles, CA
2. Myself (Female): naturalized Canadian Citizen (2011) (original citizenship: Pakistani - no longer valid). Born, lives and works in Dubai, United Arab Emirates.

 

• We have been dating for about a year now (we met in LA while I was on vacation) and we are planning on getting married ASAP to live in LA. 
• We see each other once a month either in the US or in other parts of the world (minus during the COVID-19 period). We were last together in Feb 2020 in LA.
• We aren't picky on where in the world we get married, as long as we are able to live together in LA as soon as possible, with the possibility of me working in the US sooner rather than later. 
• I have a steady job in Dubai, and would not like to quit and move just to 'wait around' for the right to work, hence, the need to be able to work is crucial.
• If we were to categorize, priorities are as follows: 
  • 1) working in the US sooner rather than later
  • 2) being together full-time
  • 3) funds. 
  • i.e. OK to proceed with a process that allows me to work sooner than later, but which could take longer to enable me living there full-time (as long as we can continue our once a month visits globally - separate to COVID) vs. something that allows me to move quicker, but idle in terms of work.  

 

I have seen the below advice floating around on other topics within this forum.

1. Is a lawyer recommended for either of these processes, or are these manageable on our own?
2. It seems that the CR-1 option is better for us, however, once I apply, am I allowed in the US as a visitor just to meet him? Or do I need to wait until approval of this process?
3. How long does the CR-1 usually take? Does my living/citizenship arrangement make it more complicated?
4. If we decide on the K-1 route, how soon can I receive the EAD to work?
5. (I know the below has timing guidelines, but we all know these aren't always the reality!)

 

 

Quote

"I think a review of K-1 vs CR-1 is in order here:

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."

 

 

Thank you so much! I know this post is lengthy/detailed, but makes it easier to have the facts laid out to navigate the process!

 

Edited April 26, 2020 by emmewalle
Lawyer addition

[geowrian 22,337]

33 minutes ago, emmewalle said:

1. Is a lawyer recommended for either of these processes, or are these manageable on our own?
2. It seems that the CR-1 option is better for us, however, once I apply, am I allowed in the US as a visitor just to meet him? Or do I need to wait until approval of this process?
3. How long does the CR-1 usually take? Does my living/citizenship arrangement make it more complicated?
4. If we decide on the K-1 route, how soon can I receive the EAD to work?
5. (I know the below has timing guidelines, but we all know these aren't always the reality!)

1. Most people on this site did it on their own. It is a very manageable process - just read the forms and instructions. Ask questions as needed. There is a guide on this website as well.
2. I concur. Given your list of priorities - namely working soon after entry - a CR-1 makes more sense. The wait for work authorization with a K-1 is taking ~3-6 months right now (after entering, marrying, and filing AOS), although I would not be surprised if that goes up in the coming months given the current situation and likely a lot of AOS applications being filed now as a result. It may go back to 4-7 months or 5-8 months, or even longer. Nobody knows what will happen.
   1. The best advice I can give is do not plan to work anytime soon after entry on a K-1, and just hope for sooner rather than later.
3. It varies depending on a lot of factors, but a over a year tends to be typical. Probably 12-16 months, but nothing is set in stone. Check https://www.visajourney.com/timeline/irstats.php?cfl=
   1. Living in Dubai is not an issue...you would just interview there. Well, unless you want to do so in Canada since you're a citizen there....although Montreal handles those and they are backed up for several months on top of the above timeline. Expect like 18-21+ months in that case.
4. See #2.
5. Timelines fluctuate all the time, and what they are at the time you apply may not be the case by the time your case is actually handled. When I filed an I-129F (only the 1st step for a K-1), the average processing time was around 30 days. It took 4 months because of a sudden backlog (after the last presidential election). People who filed a month after me were taking closer to 7 months. The averages were not wrong...they were just how long it took for most people who filed x months ago, not those filing today.
   1. Also, every case is separate. Some take longer than others for various reasons. Background checks are a common reason, which may or may not be a delay in your case. Pakistan in particular can require manual investigations as the police clearances are not trusted by the US government.

Edited April 26, 2020 by geowrian

[emmewalle 8]

9 minutes ago, geowrian said:

1. Most people on this site did it on their own. It is a very manageable process - just read the forms and instructions. Ask questions as needed. There is a guide on this website as well.
2. I concur. Given your list of priorities - namely working soon after entry - a CR-1 makes more sense. The wait for work authorization with a K-1 is taking ~3-6 months right now (after entering, marrying, and filing AOS), although I would not be surprised if that goes up in the coming months given the current situation and likely a lot of AOS applications being filed now as a result. It may go back to 4-7 months or 5-8 months, or even longer. Nobody knows what will happen.
   1. The best advice I can give is do not plan to work anytime soon after entry on a K-1, and just hope for sooner rather than later.
3. It varies depending on a lot of factors, but a over a year tends to be typical. Probably 12-16 months, but nothing is set in stone. Check https://www.visajourney.com/timeline/irstats.php?cfl=
   1. Living in Dubai is not an issue...you would just interview there. Well, unless you want to do so in Canada since you're a citizen there....although Montreal handles those and they are backed up for several months on top of the above timeline. Expect like 18-21+ months in that case.
4. See #2.
5. Timelines fluctuate all the time, and what they are at the time you apply may not be the case by the time your case is actually handled. When I filed an I-129F (only the 1st step for a K-1), the average processing time was around 30 days. It took 4 months because of a sudden backlog (after the last presidential election). People who filed a month after me were taking closer to 7 months. The averages were not wrong...they were just how long it took for most people who filed x months ago, not those filing today.
   1. Also, every case is separate. Some take longer than others for various reasons. Background checks are a common reason, which may or may not be a delay in your case. Pakistan in particular can require manual investigations as the police clearances are not trusted by the US government.

• Thanks a lot! I'm debating applying on my own and then assess whether I need a lawyer depending on the outcome.
• Given what you've stated above and the potential for CR-1 taking 12-16 months, I don't think the right to work (~7months) looks so bad anymore. I'm just conscious of the gap in my employment history, but I'd rather have that than wait an additional 12-16 months before moving. I may even convince my employer in Dubai to let me work on a consultancy basis.
• Can I travel to the US to visit him while I wait for either process (depending on my final choice between the K-1 / CR-1)?
• I would apply in Dubai given I live and work here, and my ties to Canada are now limited. 
• I'm not too hugely worried about the Pakistan bit; I never lived there, I was born and raised in Dubai and then immigrated to Canada.  I don't even think I need to declare the Pakistani citizenship (unless it's a question asked on the paperwork?)
  
  THANKS A TON!

[Dashinka 24,508]

I agree with everything @geowrian stated.  I would also suggest, given your priorities, the CR1 as it allows you to work immediately upon immigrating permanently.  You also have a big advantage being a naturalized Canadian Citizen that you can visit regularly during the process which hopefully would mitigate the time apart feelings.  One suggestion though, if you do go the CR1 route, don’t abuse the visiting, it is recommended to do shorter more frequent visits rather than extended stays.  Many folks from Canada or other VWP countries have lost the privilege to visit by taking every visit to the limits.

 

Good Luck!

[emmewalle 8]

1 minute ago, Dashinka said:

I agree with everything @geowrian stated.  I would also suggest, given your priorities, the CR1 as it allows you to work immediately upon immigrating permanently.  You also have a big advantage being a naturalized Canadian Citizen that you can visit regularly during the process which hopefully would mitigate the time apart feelings.  One suggestion though, if you do go the CR1 route, don’t abuse the visiting, it is recommended to do shorter more frequent visits rather than extended stays.  Many folks from Canada or other VWP countries have lost the privilege to visit by taking every visit to the limits.

 

Good Luck!

Thank you! we also like to meet up around the world and globe-trot during our monthly visits; so the US isn't necessarily going to be a regular thing!  

[Dashinka 24,508]

9 minutes ago, emmewalle said:

• Thanks a lot! I'm debating applying on my own and then assess whether I need a lawyer depending on the outcome.
• Given what you've stated above and the potential for CR-1 taking 12-16 months, I don't think the right to work (~7months) looks so bad anymore. I'm just conscious of the gap in my employment history, but I'd rather have that than wait an additional 12-16 months before moving. I may even convince my employer in Dubai to let me work on a consultancy basis.
• Can I travel to the US to visit him while I wait for either process (depending on my final choice between the K-1 / CR-1)?
• I would apply in Dubai given I live and work here, and my ties to Canada are now limited. 
• I'm not too hugely worried about the Pakistan bit; I never lived there, I was born and raised in Dubai and then immigrated to Canada.  I don't even think I need to declare the Pakistani citizenship (unless it's a question asked on the paperwork?)
  
  THANKS A TON!

As mentioned, most people on this site have done it themselves.  There are a lot of people here with a lot of experience that are happy to help answer questions.  If your case is fairly straightforward (I.e. no legal issues, or issues with past overstays, etc.) you should be able to do this on your own.  That being said, hiring a lawyer is a personal choice that a lot of people make, but keep in mind even with a lawyer, the petitioner and beneficiary still have to do all the legwork related to gathering the required evidence for submission, and if a lawyer is hired, one should not expect that the lawyer does not require oversight continuously.

 

I know it is anecdotal, but in our case, we went from K1 through AOS, ROC, and Naturalization all on our own with only one very minor RFE at the K1 for a missing document.  
 

Good Luck!

Edited April 26, 2020 by Dashinka

[Dashinka 24,508]

2 minutes ago, emmewalle said:

Thank you! we also like to meet up around the world and globe-trot during our monthly visits; so the US isn't necessarily going to be a regular thing!  

Even more reason to pursue the CR1.  If you have the means to travel and be together anywhere in the world (pandemic aside), the CR1 is definitely the more superior visa.  Btw, world traveling is great!  My wife and I also enjoy traveling!

[Sparkle Sparkle 914]

1 minute ago, Dashinka said:

Even more reason to pursue the CR1.  If you have the means to travel and be together anywhere in the world (pandemic aside), the CR1 is definitely the more superior visa.  Btw, world traveling is great!  My wife and I also enjoy traveling!

I agree with @Dashinka do not forget to document your meetings with boarding passes , photos , anything that has your name and his name on it...Good luck

[geowrian 22,337]

8 hours ago, emmewalle said:

• Thanks a lot! I'm debating applying on my own and then assess whether I need a lawyer depending on the outcome.
• Given what you've stated above and the potential for CR-1 taking 12-16 months, I don't think the right to work (~7months) looks so bad anymore. I'm just conscious of the gap in my employment history, but I'd rather have that than wait an additional 12-16 months before moving. I may even convince my employer in Dubai to let me work on a consultancy basis.
• Can I travel to the US to visit him while I wait for either process (depending on my final choice between the K-1 / CR-1)?
• I would apply in Dubai given I live and work here, and my ties to Canada are now limited. 
• I'm not too hugely worried about the Pakistan bit; I never lived there, I was born and raised in Dubai and then immigrated to Canada.  I don't even think I need to declare the Pakistani citizenship (unless it's a question asked on the paperwork?)
  
  THANKS A TON!

• I think it's wise to go through everything yourself first, then figure out if you think you need professional assistance. Even if you did go that route, never just put your case in somebody else's hands...you always need to know what's going on and the process (not just status updates). In most cases, people tend to find that it's manageable on their own unless you have a complex case (nothing you noted here sounds complicated).
• The K-1 from filing to interview is taking around 8 months on average right now (https://www.visajourney.com/timeline/stats.php?cfl=).  So it is a little faster. But the issue of being unable to work for the better part of half a year or possible longer is a significant drawback. Also note that you can't leave (and return) in that same timeframe, otherwise you would abandon the process and have to do the CR-1 visa abroad anyway. The K-1 is a commitment...no work or foreign travel in exchange for a little faster visa. There are pros and cons to each, with the best option mostly on one's priorities. Just know what you're getting into with whatever you choose.
• Yes, visits are fine. Just don't overstay or spend more time than one would normally visit. If it looks like you are living in the US, CBP is more likely to deny entry. Some people try to wait out the processing living in the US.
• Your ties to Canada don't really matter (ties to return home don't matter for a K or immigrant visa), but I concur that applying in Dubai makes more sense.
• Cool. Then no PCC is needed from them and no background check from there is needed.

[Nitas_man 3,100]

10 hours ago, emmewalle said:

Thank you! we also like to meet up around the world and globe-trot during our monthly visits; so the US isn't necessarily going to be a regular thing!  

K1 significantly limits your ability to travel for awhile.

My call:  CR1.  Essentially the same process, you’re in with all driving and working and travel benefits from day 1

I don’t believe you can even work remotely in the US after K1 arrival

You’ll be needing a police certificate and background check from every country you have lived in.

Edited April 26, 2020 by Nitas_man

[dwheels76 5,468]

You comment "I have a steady job in Dubai, and would not like to quit and move just to 'wait around' for the right to work, hence, the need to be able to work is crucial. " answers the choice. CR1 is your path you should take.

[SalishSea 17,836]

1 hour ago, dwheels76 said:

You comment "I have a steady job in Dubai, and would not like to quit and move just to 'wait around' for the right to work, hence, the need to be able to work is crucial. " answers the choice. CR1 is your path you should take.

Especially since you mention continuing to work remotely if here waiting to AOS on a K-1:  this is a sketchy thing to do, as you are not permitted to *work* without an EAD (work permit), even if the source of income is foreign.

 

OP I don't think a K-1 is a good choice for you.  CR-1 is the way to go.

[NikLR 13,227]

2 hours ago, Nitas_man said:

K1 significantly limits your ability to travel for awhile.

My call:  CR1.  Essentially the same process, you’re in with all driving and working and travel benefits from day 1

I don’t believe you can even work remotely in the US after K1 arrival

You’ll be needing a police certificate and background check from every country you have lived in.

Except Pakistan 

[Nitas_man 3,100]

Just now, NikLR said:

Except Pakistan 

Except Pakistan.  And in our case Indonesia. 👍

 

Dubai (which is a multi-office visit treat like Saudi I believe) and Canada and anywhere else.

[geowrian 22,337]

6 minutes ago, NikLR said:

Except Pakistan 

OP said they never lived in Pakistan.

"I'm not too hugely worried about the Pakistan bit; I never lived there"