K-1 vs CR-1 advice and clarification of specifics?

[I&B 1]

Hi, I'm new here and looking for advice on deciding between the K-1 and CR-1 visas with COVID as a consideration. Apologies for the length of this but I have several questions/concerns between the options. I'd appreciate any advice or experiences others have with similar situations!

 

I live in the US and my partner lives in Canada, and we're planning for him to move here to live with me. We'd previously been set on doing the K-1 visa since we wanted to be together as soon as possible, and that would have been the quicker route to live together despite the other cons, but then COVID hit. 

 

After browsing the forums a bit, it looks like K-1 visas are very delayed and CR-1 visas are higher priority. Especially since we haven't started either process yet and would have to deal with the backlog of applicants ahead of us at this point. I'm wondering if trying for a K-1 visa now would end up taking as long or longer as the CR-1 visa would, and if it would be faster to get married quickly now and do the CR-1 visa instead? Also, a note since it looks like the pros+cons come up often, we're ok with the cons with the K-1 visa of him not being able to work or leave the US immediately after coming here, as well as the higher cost. Our main consideration is to be able to live together as soon as possible, so if anyone has thoughts on which process would let him come to the US sooner at this point, that would be great.

 

The soonest we could get married would be late December, and since we haven't started putting any of the paperwork together yet, that's probably also about the soonest we could have the K-1 visa application sent. 

 

One of the main worries I have about the CR-1 visa is not being able to visit each other while the visa is processing. With the current travel restrictions (as well as my work schedule even if restrictions change), I'm unable to visit him in Canada, and the visa comparison page said that a minus for CR-1 is that he wouldn't be able to visit the US while a CR-1 visa is being processed. Is the K-1 visa similar to CR-1 in terms of not being able to visit the US, or would it be possible for him to visit during the process if we filed for the K-1 instead?

 

I'm also a bit concerned about the evidence of a bona fide marriage needed for the CR-1 visa - since we're living in different countries until he can get a visa, there's been no way for us to have joint property/tenancy/finances/children. And thanks to COVID and the short notice, if we got married in December we wouldn't even be able to have a ceremony and very likely wouldn't be able to have any of our families or friends attend. It would have to be a simple courthouse wedding with as few people as possible, so we wouldn't have invitations/plans/pictures from the marriage. The main evidence of our relationship is pictures together and flight tickets from previous trips when we've visited each other, and logs of our calls over Discord - would that be enough? In addition, we will have only been dating for 2 years this December, does a shorter relationship before getting married, or filing for a CR-1 visa immediately after marriage have any negative effects on the application?

 

I was also a bit confused by the marriage visa comparison page - is the K-3 visa a better option than CR-1 if we decide to get married now? One of the listed pros was that it allows faster entry than the CR-1 visa, which sounded good, but then the comparison table showed a longer time for visa than the CR-1, so it wasn't clear if it's actually faster. Should we be considering the K-3 visa as well, or is it mostly a choice between K-1 and CR-1 in our situation?

 

Thanks in advance for any advice you have for us or answers to any of my questions!

[Dashinka 24,512]

45 minutes ago, I&B said:

Hi, I'm new here and looking for advice on deciding between the K-1 and CR-1 visas with COVID as a consideration. Apologies for the length of this but I have several questions/concerns between the options. I'd appreciate any advice or experiences others have with similar situations!

 

I live in the US and my partner lives in Canada, and we're planning for him to move here to live with me. We'd previously been set on doing the K-1 visa since we wanted to be together as soon as possible, and that would have been the quicker route to live together despite the other cons, but then COVID hit. 

 

After browsing the forums a bit, it looks like K-1 visas are very delayed and CR-1 visas are higher priority. Especially since we haven't started either process yet and would have to deal with the backlog of applicants ahead of us at this point. I'm wondering if trying for a K-1 visa now would end up taking as long or longer as the CR-1 visa would, and if it would be faster to get married quickly now and do the CR-1 visa instead? Also, a note since it looks like the pros+cons come up often, we're ok with the cons with the K-1 visa of him not being able to work or leave the US immediately after coming here, as well as the higher cost. Our main consideration is to be able to live together as soon as possible, so if anyone has thoughts on which process would let him come to the US sooner at this point, that would be great.

 

The soonest we could get married would be late December, and since we haven't started putting any of the paperwork together yet, that's probably also about the soonest we could have the K-1 visa application sent. 

 

One of the main worries I have about the CR-1 visa is not being able to visit each other while the visa is processing. With the current travel restrictions (as well as my work schedule even if restrictions change), I'm unable to visit him in Canada, and the visa comparison page said that a minus for CR-1 is that he wouldn't be able to visit the US while a CR-1 visa is being processed. Is the K-1 visa similar to CR-1 in terms of not being able to visit the US, or would it be possible for him to visit during the process if we filed for the K-1 instead?

Apart from the travel restrictions due to Covid which hopefully will lift at some point if the vaccine news is to be believed, spouses with a CR1 in process are free to cross the border for visits, and many people do.  Also, I believe even with the Covid restrictions, immediate family (i.e. a spouse) are exempt, which I do not think is the case with a fiancé.  Just remember that every border crossing is an interview, so it is always advised not to abuse this privilege and to bring evidence showing that the spouse has plans/ties to return after a visit.  This usually does not become an issue unless someone is coming and staying for six months then leaves for a month or so, and then comes back for another visit.    

 

 

45 minutes ago, I&B said:

 

I'm also a bit concerned about the evidence of a bona fide marriage needed for the CR-1 visa - since we're living in different countries until he can get a visa, there's been no way for us to have joint property/tenancy/finances/children. And thanks to COVID and the short notice, if we got married in December we wouldn't even be able to have a ceremony and very likely wouldn't be able to have any of our families or friends attend. It would have to be a simple courthouse wedding with as few people as possible, so we wouldn't have invitations/plans/pictures from the marriage. The main evidence of our relationship is pictures together and flight tickets from previous trips when we've visited each other, and logs of our calls over Discord - would that be enough? In addition, we will have only been dating for 2 years this December, does a shorter relationship before getting married, or filing for a CR-1 visa immediately after marriage have any negative effects on the application?

Initially the evidence may be light, but keep in mind you can add evidence as your application proceeds, so things like adding a spouse to utility bills, comingling bank accounts, etc. that may not be there when you file, may be there when your spouse has to file the DS260 and go to the consulate interview.

45 minutes ago, I&B said:

 

I was also a bit confused by the marriage visa comparison page - is the K-3 visa a better option than CR-1 if we decide to get married now? One of the listed pros was that it allows faster entry than the CR-1 visa, which sounded good, but then the comparison table showed a longer time for visa than the CR-1, so it wasn't clear if it's actually faster. Should we be considering the K-3 visa as well, or is it mostly a choice between K-1 and CR-1 in our situation?

K3 is essentially an obsolete visa type due to the processing times of the K3 vs the CR1.  If one files the I129 along with the I130, usually the I129 ends up going away as the I130 takes precedent.  There were some recently filing the I129 along with the I130 and there was anecdotal evidence that it may have sped up the process a little (YMMV), but in the end, the CR1 is a superior visa to the K1 or K3 as the immigrant enters the US with a GC in hand, so there is no need to file the Adjustment of Status (AOS) after arrival. 

45 minutes ago, I&B said:

 

Thanks in advance for any advice you have for us or answers to any of my questions!

Most here would probably recommend taking the CR1 route.  Processing times are not that different between the CR1 and K1 right now, and the CR1 may even be a little faster given the COVID issues.  Additionally, as I said above, the CR1 gives the immigrant spouse a GC upon entry with the visa so there is no 4-6-8 month wait for employment authorization or Advanced Parole that seems to be the case right now for those going through AOS from a K1.

 

Good Luck!

[Crazy Cat 41,888]

1 hour ago, I&B said:

The main evidence of our relationship is pictures together and flight tickets from previous trips when we've visited each other, and logs of our calls over Discord - would that be enough? I

The very best evidence you can provide for a CR-1, when living in different countries, is time actually spent together.  I recommend a CR-1.  K-3 visas are not an option as stated above.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    

    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
   

    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.
  �

 

[JeanneAdil 6,511]

Marry in December allows the USC to add spouse to IRS returns in the spring (foreign income exempt for $105,000) 

and doing this plus marriage certificate with other documents will show you have started to commingle assets

(commingling of assets is not that big a deal as the immigrant is Canadian and not from a high fraud country)

 

CR1 seems to have all the advantages at this point in time

[JFH 12,190]

You can continue to visit back and forth during the CR-1 processing. I continued to visit my husband every 6 weeks whilst our case was being processed. That was obviously pre-COVID times but the idea that a CR-1 in process means you cannot visit is one of the most ridiculous internet myths. COVID rules for travel add a different hurdle but, that aside, there is nothing to stop a Canadian spouse visiting their USC partner with a pending immigration case in the works. 

[I&B 1]

Thanks for the comments so far! It's reassuring to know that him visiting me here while going through the visa application process isn't impossible. And the clarifications about the K-3 visa and the evidence needed for CR-1 helps a lot.

 

After looking around the forums some more, I've had a couple more questions come up. I saw it mentioned a couple times that there was going to be an increase of almost $1000 to the AOS fee for the K-1 visa in October, but then on one thread I saw that the increase had been put on hold. Should we probably assume since we haven't even started the process yet that the AOS fee increase will apply to us by the time we get to that point even if it's on hold now?

 

I also saw in the Canada forums that K-1 visas there were starting to be processed and interviews scheduled since the end of August, so is it more likely that the K-1 visa process will speed up now despite the COVID delays? Or do you expect that the K-1 and CR-1 would still both take about the same time for him to be able to move to the US? A quicker process with the K-1 might not make enough of a difference given the increased AOS cost, but it's something that we'll need to consider, especially in case we aren't able to marry soon to even qualify for the CR-1 visa.

[I&B 1]

20 hours ago, Dashinka said:

Just remember that every border crossing is an interview, so it is always advised not to abuse this privilege and to bring evidence showing that the spouse has plans/ties to return after a visit.  This usually does not become an issue unless someone is coming and staying for six months then leaves for a month or so, and then comes back for another visit.    

A question about this comment in particular - we were hoping for him to visit me for a longer time when he has free time over the summer (2-3 months ideally). Is that something that would be too long to be feasible with the visa in process? I mostly ask because the last time he visited me, border security gave him a really hard time for visiting for 2 months despite having a return ticket and evidence that he'd have to return to Canada for school, and that was even without having the added complication of any visa processing. Should we try to stick to shorter visits of a few weeks instead, or is it doable to try for a longer visit like this if he still brings evidence of returning? What do most people who visit during the CR-1 process do?

[Dashinka 24,512]

1 hour ago, I&B said:

A question about this comment in particular - we were hoping for him to visit me for a longer time when he has free time over the summer (2-3 months ideally). Is that something that would be too long to be feasible with the visa in process? I mostly ask because the last time he visited me, border security gave him a really hard time for visiting for 2 months despite having a return ticket and evidence that he'd have to return to Canada for school, and that was even without having the added complication of any visa processing. Should we try to stick to shorter visits of a few weeks instead, or is it doable to try for a longer visit like this if he still brings evidence of returning? What do most people who visit during the CR-1 process do?

Two to three months may not be a problem once or twice, but of course no one can say for sure.  It is thought that CBP looks for patterns especially those that come over for the full six months, leave for a few weeks, and then try to come back.  Shorter visits are usually better.