Choosing over K1 vs IR-1/CR-1 process

[mycase17 114]

Hello Everyone,

I am currently Permanent Resident of US (soon to be citizen). I just got married in Nepal and would like to bring my spouse to US. What would be the fastest way to bring her over there? I heard K1 processing timeline is bit faster than IR-1/CR-1 process. And do anyone have idea how long does the whole process takes place? And what are some important documents to present at the interview?

 

Thank you. 

[PaulaCJohnny 713]

14 minutes ago, mycase17 said:

Hello Everyone,

I am currently Permanent Resident of US (soon to be citizen). I just got married in Nepal and would like to bring my spouse to US. What would be the fastest way to bring her over there? I heard K1 processing timeline is bit faster than IR-1/CR-1 process. And do anyone have idea how long does the whole process takes place? And what are some important documents to present at the interview?

 

Thank you. 

You can't do K1 because you are married. 

 

Your only option is the CR1

[mycase17 114]

6 minutes ago, Paula&Johnny said:

You can't do K1 because you are married. 

 

Your only option is the CR1

Do you know how long normally it takes through CR1?

[HRQX 4,145]

27 minutes ago, mycase17 said:

I heard K1

Your spouse is not eligible for K-1 because your spouse doesn't meet the "free to marry" requirement.

27 minutes ago, mycase17 said:

I just got married in Nepal and would like to bring my spouse to US.

File I-130 petition with I-130A spouse supplement to start F2A case. After you naturalize, upgrade the case to IR-1/CR-1.

Edited January 7, 2021 by HRQX

[millefleur 5,046]

**Moved from K-1 Fiance(e) Visa Process & Procedures to What Visa Do I Need - Family Based Immigration**

[mycase17 114]

2 minutes ago, HRQX said:

Your spouse is not eligible for K-1 because your spouse doesn't meet the "free to marry" requirement.

File I-130 petition with I-130A spouse supplement to start F2A case. When you naturalize, upgrade the case to IR-1/CR-1.

Thank you for your reply. I'm very close becoming a US citizen, should i still file I-130 using my permanent resident status? 

[Dashinka 24,513]

4 minutes ago, mycase17 said:

Thank you for your reply. I'm very close becoming a US citizen, should i still file I-130 using my permanent resident status? 

Why not get it in the system if you are ready to file.  Once you take the oath, it will move from F2A to CR1/IR1.

 

Good Luck!

[HRQX 4,145]

1 minute ago, mycase17 said:

Thank you for your reply. I'm very close becoming a US citizen, should i still file I-130 using my permanent resident status? 

I recommend filing sooner and then notify the government of the change: https://www.nolo.com/legal-encyclopedia/sample-letter-citizenship-your-family-are-now-immediate-relatives.html

 

Also, I recommend online filing: https://www.uscis.gov/i-130 Eventually it's going to ask you: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When you select "Spouse" it says the following:

You selected you are petitioning for a spouse

You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.

 

 

Since your spouse is currently outside of the US your spouse doesn't have to sign I-130A supplement, but it still needs to be uploaded by you. Later in the Evidence upload section:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

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[mycase17 114]

41 minutes ago, Dashinka said:

Why not get it in the system if you are ready to file.  Once you take the oath, it will move from F2A to CR1/IR1.

 

Good Luck!

 

38 minutes ago, HRQX said:

I recommend filing sooner and then notify the government of the change: https://www.nolo.com/legal-encyclopedia/sample-letter-citizenship-your-family-are-now-immediate-relatives.html

 

Also, I recommend online filing: https://www.uscis.gov/i-130 Eventually it's going to ask you: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When you select "Spouse" it says the following:

You selected you are petitioning for a spouse

You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.

Thank you for the feedback. Any rough timeline how long this process takes place? I think I will start the process for my wife. 

 

Since your spouse is currently outside of the US your spouse doesn't have to sign I-130A supplement, but it still needs to be uploaded by you. Later in the Evidence upload section:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

Drag files here or choose a file
Maximum size: 6MB per file
Accepted formats: JPG, JPEG, PDF, TIF, or TIFF
No encrypted or password-protected files

 

Attaching your files

Use a scanner or take pictures of each document. Make sure each image you attach is clear and that all text is readable.

 

Translations

If your documents are in a foreign language, upload an English translation along with the original.

 

 

Thank you for the feedback. Any rough timeline how long this process takes place? I think I will start the process for my wife. 

[Ed&Midori1031 330]

1 hour ago, mycase17 said:

Hello Everyone,

I am currently Permanent Resident of US (soon to be citizen). I just got married in Nepal and would like to bring my spouse to US. What would be the fastest way to bring her over there? I heard K1 processing timeline is bit faster than IR-1/CR-1 process. And do anyone have idea how long does the whole process takes place? And what are some important documents to present at the interview?

 

Thank you. 

Have to so the CR-1 since you're married now.  

 

Thus should help you out. 

[SalishSea 17,837]

8 hours ago, Paula&Johnny said:

You can't do K1 because you are married. 

 

Your only option is the CR1

OP couldn't do a K-1 even if not married.  Not available to GC holders.

[mycase17 114]

Could anyone provide info on how long does it takes for CR1 process? 

[Ed&Midori1031 330]

9 hours ago, Jorgedig said:

OP couldn't do a K-1 even if not married.  Not available to GC holders.

Ah I miss that part.  Good catch. 

[carmel34 3,633]

11 hours ago, mycase17 said:

Could anyone provide info on how long does it takes for CR1 process? 

Could be 12 to 18 months, hard to say as it depends on the specifics of your situation, processing center assigned, pandemic and foreign embassy/consulate reopening, etc.  If you married on the first visit, or have not spent much time together physically in person, I highly recommend that you go visit her or meet in a third country frequently during the 12-18 month CR-1 process, to increase your chances for approval.  Also do as much financial co-mingling as you can while living in separate countries and submit that evidence with the I-130 petition or side-load it later at the NVC stage.  Good luck!

[Crazy Cat 41,888]

Another vote for filing the I-130 now, then upgrading after becoming a USC.