Changing from K1 to CR1

[Sparkey 17]

Wondering if anyone has chosen to abandon the K1 process and change to the CR1 instead. 

How long did the CR1 take? 

Me and my fiance have already applied for the K1 and are now waiting to receive packet 3. (delay due to COVID, but our NOA2 expires June 20th)

We are now considering abandoning the process and getting married instead in order to file for a CR1. A huge advantage would be that I would be able to continue to work here and then be able to look for work as soon as I enter the US rather than waiting for the AoS.

I still have my job in Canada but he has been laid off in the US due to COVID and therefore we would have a problem with the affadavit of support at this moment (no co-sponsor). Changing to a CR1 would buy us some time since we would need to start over. 

Has anyone been in a similar situation? How did it work out for you?

[Dashinka 24,707]

Most folks find the CR1 to be a superior visa particularly for the work related aspect as you mentioned.  For those from countries that can easily visit the US (or visa versa), I would certainly recommend the CR1 over the K1.  In your situation, personally, I would make the change you are considering especially considering your work.  I realize it means a little bit longer wait,  it in the end it would most likely work better, and at least you have the ability to visit relatively easily.  As to the I864, you fiance/spouse should look at trying to find a co-sponsor just in case his work doesn’t come back immediately.

 

Good Luck!

[SETETA 204]

I would not jump the gun right now. It is very likely your NOA2 will be extended and your interview will be delayed, giving your fiance more time to have 6 months proof of income. Long delays are expected due to the COVID closures and this will mean even CR1s will take longer. Are you prepared to wait another 1 and a half to 2 years for the spousal visa? 

[Sparkey 17]

1 hour ago, SETETA said:

I would not jump the gun right now. It is very likely your NOA2 will be extended and your interview will be delayed, giving your fiance more time to have 6 months proof of income. Long delays are expected due to the COVID closures and this will mean even CR1s will take longer. Are you prepared to wait another 1 and a half to 2 years for the spousal visa? 

Our original I-129 took. 4 months to be approved by USCIS. I was wondering roughly how long the I-130 takes to be approved (pre-covid).

The wait will definitely suck, but being able to look for work right away on a CR1 is a big advantage. I don't think sitting adound for 8 months waiting for the AoS adter the K1 is something i want to do. 

[SETETA 204]

I thought you had already passed the AOS stage and were just waiting for your interview. Our I-130 took 7 months to be approved by the USCIS. Please take into consideration that waiting for the interview post NVC stage varies from Embassy to Embassy. Some are only a few months like the K1 wait but many are 6 months to a year. However, if you think you will wait for a similar period of time for the K1 as you still have awhile before your paperwork is ready to be submitted, then the CR1 may be a better option. Again, I thought you were only waiting for your interview in my original reply. 

[Sparkey 17]

2 minutes ago, SETETA said:

I thought you had already passed the AOS stage and were just waiting for your interview. Our I-130 took 7 months to be approved by the USCIS. Please take into consideration that waiting for the interview post NVC stage varies from Embassy to Embassy. Some are only a few months like the K1 wait but many are 6 months to a year. However, if you think you will wait for a similar period of time for the K1 as you still have awhile before your paperwork is ready to be submitted, then the CR1 may be a better option. Again, I thought you were only waiting for your interview in my original reply. 

On the K1, the AoS (adjustment of status) is only filled out after we would get married. Then there is a wait of about 6-8 months for that to be approved. During that time, I would not be able to work or leave the US. 

So far, all we've done is passed the USCIS and NVC phase. The paperwork is at the embassy and I'm waiting for packet 3 to be sent to me so I can fill out the DS-160 and gather everthing for my medical and interview.