K-1, CR-1, or Adjustment of Status?

[thinpea 32]

16 minutes ago, JFH said:

Yes. My husband is a USC. We married on a Saturday. I left the country on the Tuesday. We subsequently filed for the CR-1. I’ve been here in the US almost 4 years now and I’m in the process of applying for citizenship. 

So you are living there under the CR-1 Visa? Also, we’re you able to visit him while waiting for the forms to be approved? I don’t know how long I would be able to stay apart from him lol...

[JFH 12,190]

12 minutes ago, thinpea said:

So you are living there under the CR-1 Visa? Also, we’re you able to visit him while waiting for the forms to be approved? I don’t know how long I would be able to stay apart from him lol...

Yes. I came here with a CR-1 (actually it was an IR-1 by the time I got it but that’s irrelevant). As a CR-1 holder you are a green card holder the minute you arrive. You don’t live here “under a visa”. You have full status as a permanent resident from day one. That was the major attraction for us. 
 

I visited multiple times whilst the paperwork was being done. Not an issue at all. 

[Zaraliaya 122]

So advantages to CR-1 you can work and travel right away when you enter the US

K1 - you have to wait to get married when you have it, and you cannot work and travel for about 5-7 months (or more cause of covid) until you get the work/travel permit.

 

Since you're Canadian, you should also know the ONLY city that does the interviews is Montreal, so if you live far, consider that as an expense.

I believe CR-1 is also cheaper(?), but a much longer wait than the K1, but the advantages are worth it.

 

You can get married in the US, as long as you go back.

 

Are you currently in the US now?

[thinpea 32]

6 minutes ago, Zaraliaya said:

So advantages to CR-1 you can work and travel right away when you enter the US

K1 - you have to wait to get married when you have it, and you cannot work and travel for about 5-7 months (or more cause of covid) until you get the work/travel permit.

 

Since you're Canadian, you should also know the ONLY city that does the interviews is Montreal, so if you live far, consider that as an expense.

I believe CR-1 is also cheaper(?), but a much longer wait than the K1, but the advantages are worth it.

 

You can get married in the US, as long as you go back.

 

Are you currently in the US now?

Okay, yeah it seems the CR-1 is more practical other than the wait. Thanks for the info on both of the visas it helps hearing the pros & cons of both. I am not currently in the US but will be returning soon. Why do you ask?  

[thinpea 32]

41 minutes ago, JFH said:

Yes. I came here with a CR-1 (actually it was an IR-1 by the time I got it but that’s irrelevant). As a CR-1 holder you are a green card holder the minute you arrive. You don’t live here “under a visa”. You have full status as a permanent resident from day one. That was the major attraction for us. 
 

I visited multiple times whilst the paperwork was being done. Not an issue at all. 

Awesome! Thanks for all your help, I appreciate it so much. Not sure if you have any knowledge on schooling once I get there, would I be able to attend the colleges there? And not that it matters (either way I would go) but do you get resident tuition on a CR-1 or still pay international fees?

[payxibka 10,045]

20 minutes ago, thinpea said:

Awesome! Thanks for all your help, I appreciate it so much. Not sure if you have any knowledge on schooling once I get there, would I be able to attend the colleges there? And not that it matters (either way I would go) but do you get resident tuition on a CR-1 or still pay international fees?

You may pay out of state rates until you are eligible for in state rates.

[caliliving 606]

i highly suggest canadians never do the k1 it is a waste since canadians really have no problems visiting during the application process and right now the k1 to aos is taking so long you could be stranded here for a while!  makes no sense.  get married do the cr1 and you should be able to visit during the process (visit, not live here). 

 

 

[thinpea 32]

12 minutes ago, caliliving said:

i highly suggest canadians never do the k1 it is a waste since canadians really have no problems visiting during the application process and right now the k1 to aos is taking so long you could be stranded here for a while!  makes no sense.  get married do the cr1 and you should be able to visit during the process (visit, not live here). 

 

 

Ok awesome! Yeah ever since joining this thread I’ve gotten less and less fond of the idea of doing the K-1. The CR-1 is definitely the better option, once I decided that I was just hung up on the legalities of getting married while visiting, along with the possibility of not being able to visit during the process. But as it seems, I should be fine on both fronts. 

[Orangesapples 1,954]

19 minutes ago, caliliving said:

i highly suggest canadians never do the k1 it is a waste since canadians really have no problems visiting during the application process and right now the k1 to aos is taking so long you could be stranded here for a while!  makes no sense.  get married do the cr1 and you should be able to visit during the process (visit, not live here). 

 

 

I agree. K1 is not great in general and as someone who came on a K1, I recommend that everyone avoid it if possible. It's especially useless for Canadians. 

Edited October 17, 2020 by Orangesapples

[HRQX 4,145]

22 hours ago, thinpea said:

So it’s completely legal  if we marry when I visit for 3 weeks and I return home to Canada and than we file all the necessary paperwork

Yes. The US citizen can also file I-130 (after your marriage) during your visit: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in" "Montreal, Quebec, Canada"

[DGF 730]

If you're leaning towards the CR1 there's a huge thread on the Canada forum of spouses currently in the process, as well as an FAQ that might help with your research. They specifically cover the later stages of the process but will give you a good idea of what to expect down the line. 

 

 

Edited October 17, 2020 by DGF