American/Italian dual citizen + Dutch citizen living in Italy. Want to move to NYC. What are our options?

[Crazy Cat 41,888]

As @SusieQQQ stated, whether you choose the K-1 or the CR-1, the time between applying and entry into the US with approved visa is about the same (or close).

Edited December 1, 2020 by Lucky Cat

[dottiesmom 2]

Okay, so now I am even more confused.

 

If we apply for the K-1 visa as soon as we get it he can move to the US with me, right? And then we just do the adjustment of status, no? I have enough savings for a year, we will be living rent free in an apartment my dad owns, and my income can cover him not working without issue. 

 

The thing I want most is to have the flexibility to move to the US quicker should we want to. Can this be obtained with the K-1?

[Loren Y 2,755]

Hello,

Feel free to message me if you are interested in getting married in Las Vegas, NV. It is a quick and simple process here, and I'll perform the ceremony for no charge for VJ members. Good luck on what you decide.

[Crazy Cat 41,888]

10 minutes ago, dottiesmom said:

Okay, so now I am even more confused.

 

If we apply for the K-1 visa as soon as we get it he can move to the US with me, right? And then we just do the adjustment of status, no? I have enough savings for a year, we will be living rent free in an apartment my dad owns, and my income can cover him not working without issue. 

 

The thing I want most is to have the flexibility to move to the US quicker should we want to. Can this be obtained with the K-1?

Getting either visa will take at least a year to two years.  Then, he can move to the US with either visa (after issued).  If he enters on a K-1, it will likely be at least another year after arrival before getting a Green card.  If he enters via a CR-1, he gets a Green Card immediately upon arrival.

Edited December 1, 2020 by Lucky Cat

[Crazy Cat 41,888]

13 minutes ago, dottiesmom said:

If we apply for the K-1 visa as soon as we get it he can move to the US with me, right? And then we just do the adjustment of status, no?

Yes, but he can't move to the US until the K-1 visa has been issued.......which is generally the about same about time for the CR-1 to be issued.

[dottiesmom 2]

Ahh, okay! I thought somehow the K-1 was quicker to process. 

[Crazy Cat 41,888]

3 minutes ago, dottiesmom said:

Ahh, okay! I thought somehow the K-1 was quicker to process. 

It might be slightly faster in some cases......but the real difference is that the route to a Green Card and the ability to work or travel outside the US is much longer for a K-1 entrant.

[mushroomspore 3,044]

36 minutes ago, dottiesmom said:

Ahh, okay! I thought somehow the K-1 was quicker to process. 

It used to be. The disadvantage of doing K-1 is that it actually involves two separate phases. Getting the K-1 visa is actually only the first part.

 

1. File for K-1 and wait for approval. I don't have exact statistics but they're taking a while (I think 1+ year).

2. Use K-1 to enter USA. K-1 visa is cancelled upon entry.

3. After this phase, you must marry each other within 90 days and then file Adjustment of Status papers (aka, "AOS", green card application).

4. AOS is also taking extremely long. Expect 1-1.5 years.

5. As others mentioned, AOS does NOT grant the intending immigrant any actual immigration benefits. The intending immigrant cannot work or travel outside of the USA until and unless granted Employment Authorization Document & Advanced Parole (EAD/AP). These are interim benefits, as in they're temporary until the EAD/AP expires and/or the intending immigrant is approved as a green-card holder.

6. So all in all, this ENTIRE process can take up to ~1.5-2+ years. 

 

Meanwhile, with CR1, there is NO AOS because you are already married by the time you file the papers. Lucky Cat's post on the first page details the advantages of CR1.

[SusieQQQ 11,586]

Also, there are other Covid effects. While some embassies have already reopened for CR/IR processing, very few (if any) are processing K visas; and those that are currently not processing any visas at all will I assume follow the same protocol of reopening for CR/IR visas before any others - so the backlog to get in line for a K visa interview is probably going to be significantly longer, any way you look at it.  (This is because immediate relative of a US citizen will always take priority over other categories... even those of a fiancé, as the relationship is not yet formalized.)

[dottiesmom 2]

Got it!

 

So, it looks like once he gets his visa to come to the US we'll be getting married at the City Clerk's office while on vacation. 

 

Thanks everyone! 😀

[aaron2020 11,651]

How about marrying in the Netherlands?

[NikLR 13,227]

Or Iceland?

[LBeachey 45]

Correct me here if I am wrong but either the K-1 or CR-1 Visa is only good for a maximum of 6 months once issued. (In many cases less due to medical/police clearances). And as others have said how long either a K-1 or CR-1 would take given the present situation is unclear.  The disadvantage to the K-1 is depending on when it is actually issued the OP would be forced to move to the US within six months and have to stay until at least AP is granted.  In my wife and my case, my expat assignment was ending after the expiration of her visa.  What we did was go to Hawaii for a week where she 'immigrated' and then we returned to China to finish my assignment.  We returned permanently less than six months later which is when she considers she 'moved' to the US.   Not everyone would be able to afford multiple flights but the OP could do something similar giving them more flexibility.

[Crazy Cat 41,888]

44 minutes ago, LBeachey said:

Correct me here if I am wrong but either the K-1 or CR-1 Visa is only good for a maximum of 6 months once issued. (In many cases less due to medical/police clearances). And as others have said how long either a K-1 or CR-1 would take given the present situation is unclear.  The disadvantage to the K-1 is depending on when it is actually issued the OP would be forced to move to the US within six months and have to stay until at least AP is granted.  In my wife and my case, my expat assignment was ending after the expiration of her visa.  What we did was go to Hawaii for a week where she 'immigrated' and then we returned to China to finish my assignment.  We returned permanently less than six months later which is when she considers she 'moved' to the US.   Not everyone would be able to afford multiple flights but the OP could do something similar giving them more flexibility.

That is very true.  

[SusieQQQ 11,586]

1 hour ago, LBeachey said:

Correct me here if I am wrong but either the K-1 or CR-1 Visa is only good for a maximum of 6 months once issued. (In many cases less due to medical/police clearances). And as others have said how long either a K-1 or CR-1 would take given the present situation is unclear.  The disadvantage to the K-1 is depending on when it is actually issued the OP would be forced to move to the US within six months and have to stay until at least AP is granted.  In my wife and my case, my expat assignment was ending after the expiration of her visa.  What we did was go to Hawaii for a week where she 'immigrated' and then we returned to China to finish my assignment.  We returned permanently less than six months later which is when she considers she 'moved' to the US.   Not everyone would be able to afford multiple flights but the OP could do something similar giving them more flexibility.

That’s a good point. It’s not something that usually comes up because the sponsoring fiancé/spouse is mostly already resident in the US and both are just waiting for the immigrant to move permanently ASAP, but the extra flexibility from CR/IR when both are abroad to start with is definitely something worth considering.