K1, CR1, AOS?

[Zenchi 18]

Hi. My boyfriend and I are looking at our potential options for the near future. He is from Ontario, Canada but is currently visiting on a B2 visa for several months. 

 

He is able to visit more freely but does currently work in Canada as well as has a rental there so he has strong ties. His current B2 visa expires Oct 1. Unfortunately traveling to Canada for me is limiting even once the land borders open as I have a young daughter and work full time.

 

We've been weighing all of the options but we can't seem to make a clear decision. We've considered getting married after he's been in the US 90 days but have concerns about the potential deportation if the immigration office is unhappy we got married while he's on a visitor visa even if we wait 90 days and we had no intent upon him first visiting.

 

K1 is the option we're most seriously considering but with increased wait times and added expenses, it's a concern. I make enough money to support him while we wait on his work permit while less than ideal. We also have a wedding we are both standing up in that is on a Disney cruise in April 2021 and don't want to risk being unable to go while he's waiting on AOS.

 

CR1 would be a great option if it weren't taking 1.5 years plus there is the potential concern from family if we were to get hitched without a proper engagement timeline. There's also the concern of being unable to visit while waiting for the CR1 to process as with the K1 he's more likely to be able to visit in short bursts. 

 

Really looking for any feedback or suggestions as we keep flipping between the different options and would like to start moving forward on one of them by August/September. Thanks in advance!

[payxibka 10,045]

41 minutes ago, Zenchi said:

Hi. My boyfriend and I are looking at our potential options for the near future. He is from Ontario, Canada but is currently visiting on a B2 visa for several months. 

 

He is able to visit more freely but does currently work in Canada as well as has a rental there so he has strong ties. His current B2 visa expires Oct 1. Unfortunately traveling to Canada for me is limiting even once the land borders open as I have a young daughter and work full time.

 

We've been weighing all of the options but we can't seem to make a clear decision. We've considered getting married after he's been in the US 90 days but have concerns about the potential deportation if the immigration office is unhappy we got married while he's on a visitor visa even if we wait 90 days and we had no intent upon him first visiting.

 

K1 is the option we're most seriously considering but with increased wait times and added expenses, it's a concern. I make enough money to support him while we wait on his work permit while less than ideal. We also have a wedding we are both standing up in that is on a Disney cruise in April 2021 and don't want to risk being unable to go while he's waiting on AOS.

 

CR1 would be a great option if it weren't taking 1.5 years plus there is the potential concern from family if we were to get hitched without a proper engagement timeline. There's also the concern of being unable to visit while waiting for the CR1 to process as with the K1 he's more likely to be able to visit in short bursts. 

 

Really looking for any feedback or suggestions as we keep flipping between the different options and would like to start moving forward on one of them by August/September. Thanks in advance!

There will be no deportation if you get married on a visiting visit.  There is no 90 day rule.   If you want to marry and AOS, do it.

[Crazy Cat 41,856]

43 minutes ago, Zenchi said:

Hi. My boyfriend and I are looking at our potential options for the near future. He is from Ontario, Canada but is currently visiting on a B2 visa for several months. 

 

He is able to visit more freely but does currently work in Canada as well as has a rental there so he has strong ties. His current B2 visa expires Oct 1. Unfortunately traveling to Canada for me is limiting even once the land borders open as I have a young daughter and work full time.

 

We've been weighing all of the options but we can't seem to make a clear decision. We've considered getting married after he's been in the US 90 days but have concerns about the potential deportation if the immigration office is unhappy we got married while he's on a visitor visa even if we wait 90 days and we had no intent upon him first visiting.

 

K1 is the option we're most seriously considering but with increased wait times and added expenses, it's a concern. I make enough money to support him while we wait on his work permit while less than ideal. We also have a wedding we are both standing up in that is on a Disney cruise in April 2021 and don't want to risk being unable to go while he's waiting on AOS.

 

CR1 would be a great option if it weren't taking 1.5 years plus there is the potential concern from family if we were to get hitched without a proper engagement timeline. There's also the concern of being unable to visit while waiting for the CR1 to process as with the K1 he's more likely to be able to visit in short bursts. 

 

Really looking for any feedback or suggestions as we keep flipping between the different options and would like to start moving forward on one of them by August/September. Thanks in advance!

Every couple has their own priorities, and each couple must decide which visa is better for their situation. 

 

K-1      
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1    

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[Crazy Cat 41,856]

Sometimes, people make decisions based emotion rather than practicality and logic.  In my opinion, the CR-1 is superior to the K-1 for several reasons.  He can also legally adjust status (rather than starting the CR-1 or K-1 process)  if he is already in the US.  However, he would not be able to leave the US or work for a long as 8 months (in some cases).  Visiting is allowed during the CR-1 process.

Edited April 14, 2021 by Lucky Cat

[JFH 12,190]

He can visit during the CR-1 process. I visited my husband multiple times during the time our paperwork was being processed. Whoever told you that he cannot visit is either very confused or lying to you.

 

I don't understand why you are 'most seriously' considering the K-1 when the only thing you are uncomfortable with for the CR-1 is the timeframe. Now that we have established the he will be able to visit during this time, what makes the K-1 so attractive? Sure, the CR-1 takes a little longer but when he has it he will be a permanent resident (ie Green Card holder) from the day he arrives. He will be able to work from day one. With the K-1 (which is only slightly faster by a month or two) he then has to go through the lengthy and costly process of adjustment of status to get the green card he could have had immediately had he taken the CR-1 route. 

 

Not sure what you mean about concern from your family. You are both adults, correct? Why do you need your family's approval and input on your engagement timeline? That makes no sense at all. Especially given that you are even considering adjusting from B-2 whilst he's here. Surely if your family's approval is important then AOS from B-2 (boyfriend comes to visit and decides to stay, abandoning his job and everything else back home) would appear to your family to be a far more reckless approach than a CR-1. If anything, the CR-1 is the more 'mature' option as it takes into account the long-term goal of stability in your new life, rather than 'get my boyfriend here as fast as possible even if it means we live on ramen noodles in my parents' basement for the entire AOS process when he can't work' (we have seen such stories here). 

[Zenchi 18]

31 minutes ago, JFH said:

He can visit during the CR-1 process. I visited my husband multiple times during the time our paperwork was being processed. Whoever told you that he cannot visit is either very confused or lying to you.

 

I don't understand why you are 'most seriously' considering the K-1 when the only thing you are uncomfortable with for the CR-1 is the timeframe. Now that we have established the he will be able to visit during this time, what makes the K-1 so attractive? Sure, the CR-1 takes a little longer but when he has it he will be a permanent resident (ie Green Card holder) from the day he arrives. He will be able to work from day one. With the K-1 (which is only slightly faster by a month or two) he then has to go through the lengthy and costly process of adjustment of status to get the green card he could have had immediately had he taken the CR-1 route. 

 

Not sure what you mean about concern from your family. You are both adults, correct? Why do you need your family's approval and input on your engagement timeline? That makes no sense at all. Especially given that you are even considering adjusting from B-2 whilst he's here. Surely if your family's approval is important then AOS from B-2 (boyfriend comes to visit and decides to stay, abandoning his job and everything else back home) would appear to your family to be a far more reckless approach than a CR-1. If anything, the CR-1 is the more 'mature' option as it takes into account the long-term goal of stability in your new life, rather than 'get my boyfriend here as fast as possible even if it means we live on ramen noodles in my parents' basement for the entire AOS process when he can't work' (we have seen such stories here). 

I appreciate your input and yes, I can confirm we are infacts adults and will not survive on ramen noodles haha. You're right, we don't technically need our families approval but seeing as I'm relatively fresh off of a divorce despite being separated for quite some time, it can ruffle some feathers. I also have a 4 year old daughter and a coparent to work with so it's a bit of a delicate situation. With the K1 option (while not ideal) would give us the flexibility to start the paperwork process and have a more formal engagement period and likely keep everyone more comfortable with the situation.

[SalishSea 17,829]

15 hours ago, Zenchi said:

He is able to visit more freely but does currently work in Canada as well as has a rental there so he has strong ties. His current B2 visa expires Oct 1. Unfortunately traveling to Canada for me is limiting even once the land borders open as I have a young daughter and work full time.

 

Just keep in mind that if you marry on this visit, he will be unable to work or return to Canada for upwards of 8 months.  This will also be the case if he comes in on a K-1.

 

And, if he returns to Canada, and then comes back and you marry and he stays, that is visa fraud.

[Zenchi 18]

Just now, Jorgedig said:

Just keep in mind that if you marry on this visit, he will be unable to work or return to Canada for upwards of 8 months.  This will also be the case if he comes in on a K-1.

 

And, if he returns to Canada, and then comes back and you marry and he stays, that is visa fraud.

Yes, thank you. I think we've ruled out the AOS option.