Beginning the process - K1 or spousal?

[Laud 40]

Hi,

 

We're a couple (F-US citizen, M-UK citizen) currently living in the UK and looking to start the visa process to move to the US and have a few questions we hope some on here can help us with. At this early point, our main dilemma is whether to pursue a fiancé visa, or to get married and begin the spousal visa process.

 

Some details about our current situation:

• M is a UK citizen
• F is a US citizen
• F has dual EU citizenship and has pre-settled status to remain in the UK. Her family all live in the US.
• We have been together over 3 years, living together in the UK for the past 2 years
• No kids together and not currently married
• We both work remotely for UK organisations
• Both late 20s/early 30s.

 

Some of our concerns and preferences that might affect our decision:

• We are ready to get married but would prefer not to do this immediately as we would want our families there
• We have sufficient savings for M to be unemployed for part of the process, but would prefer to minimise that
• We are happy to go long distance and but would prefer to minimise that. We wouldn't want to enter a situation where we're long-distance for an indeterminate period
• We would like to move within the next 12 months (though realise this is highly unlikely!)

 

We've looked through lots of posts on this forum and others, however much of the guidance precedes Covid. Our current thoughts are that the K1 visa is preferable as we could start the process today, however based on what we've read on this website we're concerned it is an administrative black hole during the pandemic. The spousal visa on the other hand is potentially a quicker start-to-end process, but we wouldn't be able to start that until we're married - which has it's own delays.

 

We'd be really grateful for guidance from those in similar positions, but with more expertise and experience, on next steps. In particular which of the processes is likely to be quicker and any roadblocks we may have overlooked on either path.

 

Thanks in advance!

 

 

 

 

[Crazy Cat 42,033]

A CR-1 would be a better choice, imho.  You are both already together.  You can marry now and start the CR-1 process.  You can have a marriage celebration with family in 1 to 2 years.

 

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, I-944) 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.
  �

 

 

 

Edited January 1, 2021 by Lucky Cat

[Crazy Cat 42,033]

***Moved from UK to What Visa Do I Need?****

[Crazy Cat 42,033]

One more thing.  Visiting the US is allowed during the immigration process.

[Dashinka 24,707]

I agree with @Lucky Cat, I would also pursue the spousal visa route.  I understand having a wedding now with all family present may be difficult with all the travel restrictions, so you might consider a quick wedding, then when things normalize, you can plan a big wedding renewal party with all the family there.  Since you are both working now, and I assume you want that to continue, the spousal visa is much better from that aspect.

 

Good Luck!

[SteveInBostonI130 3,477]

Given the choice, many here who picked K1 have regretted it and wished they chose CR1 (spouse).  I don't know of anyone that regretted picking CR1 and wished they chose K1.

 

I would only recommend K1 for significant others that otherwise cannot visit the US (difficult embassy to get tourist visas).  That would give the SO a chance to be in the US and see if life there is ok for them before getting married.

 

In your case, with you having lived with your SO and being in a country of similar culture, I highly recommend CR1.

 

[Boiler 45,898]

Another vote for cr1

[Laud 40]

Thanks so much to all who've responded! This has been super helpful.