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JPAsp

marrying under COVID-19

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Hello! 

My fiancé and I are thinking about the faster way to get married and live together in US. I am Spanish and he has dual nationality Spanish/American so he can travel to Spain and we can get married here. As the CR1 process is so long we had though that K1 fiancé process would be better for us but the k1 visa are not being process into the embassy because of the Covid-19 situation. What do you think could be easier, to get married in Spain (that take us 3 months) and ask for CR1 visa or to apply for K1 visa waiting that embassy in Spain reopen soon?

 

Thank you for your help!

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Filed: Citizen (apr) Country: Russia
Timeline

Personally I would go for the option to get married in Spain and file for the CR1.  It may take a little more time, but it is cheaper than the K1/AOS route and far superior in that the immigrant is a GC holder upon entry into the US with the valid visa with no need to pull together the AOS package after getting married.  Who knows how long the Covid restrictions will last, so who knows when K1s will start being processed at the consulate level.  In the end, it is completely up to the two of you.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Citizen (apr) Country: Taiwan
Timeline
2 hours ago, JPAsp said:

Hello! 

My fiancé and I are thinking about the faster way to get married and live together in US. I am Spanish and he has dual nationality Spanish/American so he can travel to Spain and we can get married here. As the CR1 process is so long we had though that K1 fiancé process would be better for us but the k1 visa are not being process into the embassy because of the Covid-19 situation. What do you think could be easier, to get married in Spain (that take us 3 months) and ask for CR1 visa or to apply for K1 visa waiting that embassy in Spain reopen soon?

 

Thank you for your help!

Life is full of choices and priorities.  There are multiple factors when making the decision between a K-1 and a CR-1.  I offer my analysis:

 

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.
    A denied K-1 is sent back to USCIS to expire
  

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.
  �


 

***Moved to What Visa Do I Need? discussion area*******

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Philippines
Timeline

I went the K1 route and have no regrets, however with all the upcoming changes in October and the ability for you to get married in Spain, I would choose CR-1.  

 

Having to pay for EAD and Advanced Parole will basically double the costs of AoS.

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Filed: Citizen (apr) Country: Russia
Timeline

Would it take 3 months to marry in Spain due to family and/or travel requirements, or due to Spanish law?

 

If it's the latter, you might consider marrying in a third country depending on what travel restrictions look like in the future.

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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