K1 or CR-1 - Which is better for us?

[Marieke H 2,512]

1 hour ago, JFH said:

This isn’t just about her being here. It’s about her being happy here.

You said it so well! I feel like a lot of people, petitioners and beneficiaries, really underestimate this part of the process. 

[SalishSea 17,855]

1 hour ago, Marieke H said:

You said it so well! I feel like a lot of people, petitioners and beneficiaries, really underestimate this part of the process. 

Exactly.  For so many, the focus is on being together ASAP, at any cost.   We were extremely lucky that my husband only had to wait 4.5 months for his combo card.  That was in late 2018/early 2019.  The situation has changed considerably, with wait times now doubled.  It would not have been good for us financially, for our marriage, or for his sense of well-being if he'd had to wait the better part of the year to adult.

[usmsbow 801]

2 hours ago, Jorgedig said:

Exactly.  For so many, the focus is on being together ASAP, at any cost.   We were extremely lucky that my husband only had to wait 4.5 months for his combo card.  That was in late 2018/early 2019.  The situation has changed considerably, with wait times now doubled.  It would not have been good for us financially, for our marriage, or for his sense of well-being if he'd had to wait the better part of the year to adult.

 

Yep. When my wife went through the process in 2014-15, it was considered very rare if you had to wait more than 90 days for a combo card. She would have gone crazy if she had to wait 6+ months to be able to work. 

 

K-1 used to make more sense, but now? Nope! I wouldn't even consider doing the K1. 

 

[Ed&Midori1031 330]

23 hours ago, Chase_FL said:

Hi everyone,

 

Found this forum mentioned several times online. 

 

Currently interviewing attorneys with my girlfriend (soon to be fiancé) and they each charge varying fees and have different ideas on which route is best... I began thinking there's got to be a way to do it myself and then from Reddit found this site.

 

Here is our current situation:

 

Me - US Citizen

Her - Canadian

 

We have been ready to get engaged/married for a good bit now, but was never in a rush. Some things changed with her US job so she quit, TN Visa no longer active now, and is now a resident in Canada again visiting me in US.

 

We have no unique issues, no criminal record, plenty sufficient funds, I've got great employment history, no kids, no previous marriages, etc

 

We are debating between K1 and CR-1. Reason we are leaning towards K1 is so she can be in the states faster and spend time here, 6-9 mo outside of US vs 12+ mo. We have a family member wedding to be at in Canada in July and both planned to be in Canada for June-September.

 

Here is plan as of now:

 

It is my understanding that she can't be in the US when we file the K1 and can't enter the US until approval (6-9 mo)... if that is the case we would wait until Late May to file it, leave for the summer, then I would come back to US in Oct and she would stay in Canada until approved.

 

Once approved, she comes to the states, we get legally married within 90 days of arrival, then file for rest of Marriage Case (Form I-130, Form I-485 (Adjust Status), Form G-325A, Form I-864 Affidavit of Support, Form I-765 Application for Employment Authorization, Form I-131 Application for Travel Document)

 

Then she can't leave the US for 6+ mo while processing, once approved, done.

 

If she can be in the US when we file for K1, we realistically could file that sooner, like late March as that will be her last visit entry before leaving for the long duration in June. If she can be in the US when filing, leave and come back while processing, we could file that K1 now.

 

Any tips or advice on which path to go, if she can be here when filing, if she can be here leave and come back while waiting on K1, etc OR if K1 is so delayed now that CR-1 is better overall.

 

All help much appreciated.

 

Each visa has it's own benefits and flaws.  It seems like more people are going towards the CR-1 route, but the decision ultimately resides with a decision between you and your fiance.  Of course with covid, who knows how long the actual timing of each visa will actually take.