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

[HRQX 4,145]

49 minutes ago, Chauncey said:

Too bad it's only spousal visas they are willing to accept. What are all the k1 supposed to do?

Warsaw is currently only doing very few K-1 interviews because of DOS's unlawful "No Visa Policy." That policy is unlawful because the proclamations are explicitly about entry to the US, per the law.

 

Still unknown if the new Administration will end that unlawful "No Visa Policy."

Edited January 20, 2021 by HRQX

[Chauncey 138]

1 hour ago, HRQX said:

Warsaw is currently only doing very few K-1 interviews because of DOS's unlawful "No Visa Policy." That policy is unlawful because the proclamations are explicitly about entry to the US, per the law.

 

Still unknown if the new Administration will end that unlawful "No Visa Policy."

But my fiance is in Russia. Moscow embassy hasn't resumed k1 and they aren't even under a travel ban

[HRQX 4,145]

19 minutes ago, Chauncey said:

But my fiance is in Russia. Moscow embassy hasn't resumed k1 and they aren't even under a travel ban

In recent court cases, federal judges have in so far sided with DOS's "depending on local conditions" excuse. In the relevant cases, the judges have also stated that not issuing visas solely based on proclamations is unlawful. But DOS is still doing exactly that.

 

So Warsaw being a back up plan for Russian K-1 applicants is not viable until the unlawful "No Visa Policy" is ended.

Edited January 20, 2021 by HRQX

[Chauncey 138]

19 minutes ago, HRQX said:

In recent court cases, federal judges have in so far sided with DOS's "depending on local conditions" excuse. In the relevant cases, the judges have also stated that not issuing visas solely based on proclamations is unlawful. But DOS is still doing exactly that.

 

So Warsaw being a back up plan for Russian K-1 applicants is not viable until the unlawful "No Visa Policy" is ended.

I see, thank you for the information, it makes more sense now. 

As much as I hate to instill hope in the new administration, are they going to put someone new in charge of the DOS? Maybe help things move along better?

Edited January 20, 2021 by Chauncey

[HRQX 4,145]

32 minutes ago, Chauncey said:

As much as I hate to instill hope in the new administration, are they going to put someone new in charge of the DOS? Maybe help things move along better?

Pompeo stepped down a few hours ago, so the current head is doing it in an "acting" capacity. https://mobile.twitter.com/mikepompeo/status/1351876147202686976 One of Biden's first actions was Cabinet nominations which includes Anthony Blinken for Secretary of State. https://www.pbs.org/newshour/politics/watch-in-first-act-biden-signs-official-proclamations

Edited January 20, 2021 by HRQX

[Chauncey 138]

59 minutes ago, HRQX said:

Pompeo stepped down a few hours ago, so the current head is doing it in an "acting" capacity. https://mobile.twitter.com/mikepompeo/status/1351876147202686976 One of Biden's first actions was Cabinet nominations which includes Anthony Blinken for Secretary of State. https://www.pbs.org/newshour/politics/watch-in-first-act-biden-signs-official-proclamations

And when are new ambassadors chosen? Ours hasn't done anything since appointed, and he's not a civil servant so he will be replaced, I believe, fingers crossed

[David and Anna 118]

*IF* one can find a way to get married soon, then there is no debate imho; CR1 is superior in many important ways (without only 1 *potential* negative - taking longer).

 

And I say this as someone who got our K-1 last month and we have huge (and I mean HUGE) regret.  And we will regret it for the next 1-2 years as we deal with AoS, EAD, AP.  Of course the most painful part is that we would have got our CR1 in about the same time as we got our K-1 and she would be here rather than sitting in a hotel in Mexico right now for 2 weeks.  And then not able to visit her homeland until Christmas and be able work before Christmas and not have to do more forms and money and interviews etc etc for AoS.  Going with a K-1 was perhaps the worst decision of my life.  Its been pure punishment.  (and also know that we would still be waiting on K-1 if we had not sued and won as original plaintiffs in the Milligan case...if we hadn't spent the money to join that and won, we would still be waiting on our K-1 and would have already gotten our CR1).  And k-1's could not visit all year due to covid (ahem) while spouses could.

 

To summarize - *IF* you can get married and do CR1.  Do that.

 

If you cannot find a way to get married soon, then there is nothing to debate.  The K-1 is your only option - the choice is made for you depending upon if you can find a way to get married.

Edited January 31, 2021 by David and Anna

[Caboose29 173]

5 minutes ago, David and Anna said:

*IF* one can find a way to get married soon, then there is no debate imho; CR1 is superior in many important ways (without only 1 *potential* negative - taking longer).

 

And I say this as someone who got our K-1 last month and we have huge (and I mean HUGE) regret.  And we will regret it for the next 1-2 years as we deal with AoS, EAD, AP.  Of course the most painful part is that we would have got our CR1 in about the same time as we got our K-1 and she would be here rather than sitting in a hotel in Mexico right now for 2 weeks.  And then not able to visit her homeland until Christmas and be able work before Christmas and not have to do more forms and money and interviews etc etc for AoS.  Going with a K-1 was perhaps the worst decision of my life.  Its been pure punishment.  (and also know that we would still be waiting on K-1 if we had not sued and won as original plaintiffs in the Milligan case...if we hadn't spent the money to join that and won, we would still be waiting on our K-1 and would have already gotten our CR1).  And k-1's could not visit all year due to covid (ahem) while spouses could.

 

To summarize - *IF* you can get married and do CR1.  Do that.

 

If you cannot find a way to get married soon, then there is nothing to debate.  The K-1 is your only option - the choice is made for you depending upon if you can find a way to get married.

Well said. I hope I don’t regret my choice to go the K1 route. Getting married now in my situation is extremely problematic. So much so, that I think the K1 will be the lesser of two evils...  Only time will tell. 

[top_secret 2,424]

Here is yet another HUGE potential difference in favor of a CR-1 over a K-1.  The potential tax benefit of being married throughout the process vs being single with a fiance.  We chose to to go the CR-1 route based on many if the reasons mentioned here, and we married in December 2020.  Tax status was not even a consideration at the time as we had more important things to worry about.  But since we actually married in 2020 we will file taxes jointly for that year.  In our case it literally makes over $10,000 difference in our tax return being married, vs me being single with a fiance.  Since I expect either a K-1 or a CR-1 would drag into 2022 for us.  I can reasonably expect a similar tax situation at the end of this year too.  Making a total of more like $20,000 difference in Federal and State income taxes saved by going with CR-1 over K-1.  That $20,000 tax savings will pay for allot of travel while we wait.

[millefleur 5,046]

**One hijack post removed. If you have your own question, please start a new thread.**

 

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[Hmongtain907 5]

My cr1 took only 10month from filed to interview