Choosing a K-1 Fiance or CR-1 Spouse Visa in 2021

[EM_Vandaveer 2,408]

18 hours ago, JonSeattle said:

Even if you are not prosecuted for that, it is also a reason for denial of a GC, and who needs that stress?

Actually, it isn't. Not for spouses of USCs...

[Chauncey 138]

1 hour ago, Strawberrymermaid said:

These were also my thoughts, which is why I filed the I-129F in July. No movement on the case, and I don't expect NOA2 until March/ April, and then an undetermined wait at the embassy.

 

I'm in a group of people waiting for Moscow embassy, and unfortunately, CR-1 visas are not being interviewed either. There's people trying to transfer their cases desperately since even expedited cases are not being interviewed. There's people that have been waiting for an interview for over a year. There's a HUGE backlog. So trying to choose whichever one is fastest is not going to work, since both are going to be a very long wait. The benefits of the CR-1 far outweigh the K1 to me, like you said being able to visit them, and actually being married. 

You know everyone talks about the backlog, but honestly there have been many k1 that were recently interviewed and approved at some embassies, even before CR1 or IR1. So you never know how it'll play out. You just have to do what's best for your own situation 

[Strawberrymermaid 346]

17 minutes ago, Chauncey said:

You know everyone talks about the backlog, but honestly there have been many k1 that were recently interviewed and approved at some embassies, even before CR1 or IR1. So you never know how it'll play out. You just have to do what's best for your own situation 

I totally agree and understand! Unfortunately Moscow is not one of those embassies interviewing k1s. That may change however, hopefully sooner than later.

Edited January 6, 2021 by Strawberrymermaid

[Chauncey 138]

4 minutes ago, Strawberrymermaid said:

I totally agree and understand! Unfortunately Moscow is not one of those embassies interviewing k1s. That may change however, hopefully sooner than later.

Things always change. The point is I'll wait as long as it takes to be with my love 🙂 no matter what visa we use to do that

[DaveAndAnastasia 2,092]

14 hours ago, Caboose29 said:

This is the primary reason I'm considering the the K1 in this environment, although I did just see my fiancee last month in Turkey.   If there's a significant "head start" with the K1 that will be realized all the way through, I could see going that route.  But I've read that CR1s are being processed now, while many, if not most K1s are still in the holding pattern.

CR-1s are being processed by many consulates that are not processing K-1s, but Moscow isn't processing either type for the most part as far as I know.

[Ray&Ash 271]

As of the current situation, CR-1 route is so much better, unless you both cannot stand the thought of being apart for almost an year. 

In all other aspects, CR-1 is better as you wont need any adjustment of status filings, No EAD/Advance parole needed. Think of an extreme situation where if your partner travels to US on K1 and then needs to go back to Russia, or anywhere else for any emergency before you file for adjustment (even if you have already gotten married at this point) , she cannot. Or she forfeits the Adjustment. 

So I feel CR-1 is so much better, though I myself did K-1. (But now looking back I do feel CR-1 would've been better given the delays of advance parole, and How I almost missed an important family occasion due to delay in arrival of my advance parole)

[Caboose29 173]

3 hours ago, Strawberrymermaid said:

These were also my thoughts, which is why I filed the I-129F in July. No movement on the case, and I don't expect NOA2 until March/ April, and then an undetermined wait at the embassy.

 

I'm in a group of people waiting for Moscow embassy, and unfortunately, CR-1 visas are not being interviewed either. There's people trying to transfer their cases desperately since even expedited cases are not being interviewed. There's people that have been waiting for an interview for over a year. There's a HUGE backlog. So trying to choose whichever one is fastest is not going to work, since both are going to be a very long wait. The benefits of the CR-1 far outweigh the K1 to me, like you said being able to visit them, and actually being married. 

I have a question.  If my fiancee could meet in another embassy, say in Georgia, is that even allowable, since she's Russian?  I mean regardless of which visa we decide on, could the US embassy in Georgia process her visa?

Edited January 6, 2021 by Caboose29

[Strawberrymermaid 346]

2 minutes ago, Caboose29 said:

I have a question.  If my fiancee could meet in another embassy, say in Georgia, is that even allowable, since she's Russian?

Not sure. Most of the time you have to have a legal residence or a valid work visa to have an interview in any country that's not your own. The people in the chat I am in are CR-1, have been waiting months and months for an interview, and have been trying to transfer their cases to Poland. Many have gotten nos, while some got a "maybe" if they could get a Schengen Visa... which is also hard to get right now.

Also, FWIW, if you do somehow successfully transfer embassies, you are then put in the bottom of the pile of that embassy. Not expedited to the front.

Edited January 6, 2021 by Strawberrymermaid

[millefleur 5,046]

**Concurrent discussion about "digital nomads" working during the K-1 process split into new topic. Please find the new thread below. If you wish to discuss that topic, please do so in the new thread.**

 

VJ Moderation

 

 

[millefleur 5,046]

19 minutes ago, Caboose29 said:

I have a question.  If my fiancee could meet in another embassy, say in Georgia, is that even allowable, since she's Russian?  I mean regardless of which visa we decide on, could the US embassy in Georgia process her visa?

I'm pretty sure you have to have a legitimate reason to transfer the case to a new Embassy. Would the Covid crisis count as a legitimate reason? Maybe? Perhaps consider contacting them and see if you can find out. My guess is that it really depends on each Embassy and they will all have a slightly different response.

[Caboose29 173]

1 hour ago, millefleur said:

I'm pretty sure you have to have a legitimate reason to transfer the case to a new Embassy. Would the Covid crisis count as a legitimate reason? Maybe? Perhaps consider contacting them and see if you can find out. My guess is that it really depends on each Embassy and they will all have a slightly different response.

But if I haven’t started the process, is it still considered a “transfer”?  I realize I may be grasping at straws, but the Embassy in Tbilisi is closer to her than the embassy in Moscow. It would be nice if she could go through an embassy that may not be so backlogged.  

[HRQX 4,145]

1 hour ago, Caboose29 said:

I mean regardless of which visa we decide on, could the US embassy in Georgia process her visa?

In most cases no, since applicant should have legal status for many months in Georgia: https://fam.state.gov/fam/09FAM/09FAM050404.html "Department regulations provide that a post must accept an application from an alien physically present in the consular district even though not a resident in that district, provided the alien expects to remain in the consular district throughout the several months that it normally takes to process an application and is legally able to do so."

1 hour ago, millefleur said:

My guess is that it really depends on each Embassy and they will all have a slightly different response.

It depends on the applicant's legal status in the third-party country. The Embassy must follow the DOS Foreign Affairs Manual.

4 minutes ago, Caboose29 said:

but the Embassy in Tbilisi is closer to her than the embassy in Moscow.

It's not based on proximity. The DOS Foreign Affairs Manual has established rules.

Edited January 6, 2021 by HRQX

[HKS 169]

16 minutes ago, HRQX said:

In most cases no, since applicant should have legal status for many months in Georgia: https://fam.state.gov/fam/09FAM/09FAM050404.html "Department regulations provide that a post must accept an application from an alien physically present in the consular district even though not a resident in that district, provided the alien expects to remain in the consular district throughout the several months that it normally takes to process an application and is legally able to do so."

It depends on the applicant's legal status in the third-party country. The Embassy must follow the DOS Foreign Affairs Manual.

It's not based on proximity. The DOS Foreign Affairs Manual has established rules.

Our case got transferred because US embassy in Baghdad has been closed for years due to the attacks on the embassy. So all the spousal visa cases got automatically reassigned. However, we did ask for a different country than we were originally assigned due to having a reason for the country we requested. Then the country we requested had to accept it. 
My point is that in addition to what has already been said, there are certain circumstances that will allow transfers. Rare I think. 

[Caboose29 173]

So it looks like Moscow is it then....

[millefleur 5,046]

1 hour ago, Caboose29 said:

So it looks like Moscow is it then....

If it's any encouragement, prior to Covid the Moscow Embassy basically treated K-1's and CR-1/IR-1's the same. The only difference was the spousal visa applicants had a slightly higher approval rate and on average there were way more K-1's than spousal visas. But I never got the feeling one was prioritized over the other. Russia is not considered a high fraud country for family based immigration, so it was all very streamlined as long as the applicant/evidence was strong.

 

Once they actually start processing applications again, I don't see why they wouldn't just continue as before. The question remains when they will start again.