cr-1 Should I file for a K-1 or CR-1 visa for my partner abroad or after moving to the US?

[ferbal 0]

My partner and I are currently living in Mexico. I'm a US citizen (dual citizenship MX-USA) but have been living in Mexico for many years now. My partner is Mexican, with a stable job here, and I recently got hired for a new job in Washington where I will WFH until June. My question here is, given our current location status and having in mind that we do want to get married someday, would it be better to get married ASAP in Mexico and start the CR-1 process in the Embassy since we will both have our stable jobs here for a while? Or, would it be better to begin with the K-1 process in May-June when we arrive to Washington?

 

Also, in any of these cases, would they be able to work when we arrive to the US?

[aaron2020 11,651]

Hi,

 

Get marry now and file for the CR-1 spousal visa.  It takes 12-18 months, and your spouse will get a green card upon entering the US with an immigrant visa.

 

If you file for the K-1 fiancee visa now, it may be a few months shorter than filing for a CR-1 but your partner enters the US with a nonimmigrant visa.  You have 90 days to marry and then have to file for AOS.  It will take 6-8 months for your spouse to get work authorization.  It could take 12-18 months for a green card.

No need to wait until May-June to file.

There is no "we" arrive in Washington in May-June.  Immigration to the US is not quick.  No way that your partner will be immigrating in May-June.  

 

Best of luck.

[ferbal 0]

@aaron2020 when you mentioned the K-1 fiancée visa, is this 6-8 months waiting period to get work authorization counting from the moment we would begin the process, or upon their arrival in the US?

[Verrou 1,962]

53 minutes ago, ferbal said:

@aaron2020 when you mentioned the K-1 fiancée visa, is this 6-8 months waiting period to get work authorization counting from the moment we would begin the process, or upon their arrival in the US?

After you got married in america and file all those forms / docs. That’s when 6-8 months waiting period start 

Edited January 21, 2021 by Misscloud

[Adventine 3,196]

1 hour ago, ferbal said:

My partner and I are currently living in Mexico. I'm a US citizen (dual citizenship MX-USA) but have been living in Mexico for many years now. My partner is Mexican, with a stable job here, and I recently got hired for a new job in Washington where I will WFH until June. My question here is, given our current location status and having in mind that we do want to get married someday, would it be better to get married ASAP in Mexico and start the CR-1 process in the Embassy since we will both have our stable jobs here for a while? Or, would it be better to begin with the K-1 process in May-June when we arrive to Washington?

 

Also, in any of these cases, would they be able to work when we arrive to the US?

 

Seconding the recommendation to get married in Mexico and file for the CR-1 visa ASAP.  That way, as soon as the visa is granted, your spouse can travel to the US and work immediately. Also keep in mind that consulates are prioritzing the processing of spousal visas over fiancé visas during this pandemic. 

 

Sorry to say that your partner will not be able to relocate with you in June. The advantage is that travel between US and Mexico is relatively easy.

   

[SalishSea 17,842]

On 1/20/2021 at 7:54 PM, ferbal said:

Or, would it be better to begin with the K-1 process in May-June when we arrive to Washington?

There is no way your partner will arrive in the US by then, regardless of which visa.  Either option will take at least a year, very likely longer.

[SalishSea 17,842]

On 1/20/2021 at 8:12 PM, ferbal said:

@aaron2020 when you mentioned the K-1 fiancée visa, is this 6-8 months waiting period to get work authorization counting from the moment we would begin the process, or upon their arrival in the US?

That is from arrival.