New member, need advice.

[Scandi 4,180]

My tip is to definitely NOT go for the K-1. I went through it myself and would never recommend it under normal circumstances, now I look at it as right out foolish to choose that path over the CR-1. But to each their own, of course, whatever works for you two. Just some advice from someone who has been through it.

 

There are an insane amount of disadvantages to the K-1 visa. Us too figured being together as fast as possible was more important than anything else - that turned out to be the completely wrong thing to focus on in this immigration journey. You'll be together soon enough, make the it easier for both of you by not choosing the K-1.

[TBoneTX 46,062]

Thread is moved from the K-1 Process forum to the "What Visa Do I Need" forum.

[alyashenko 1]

Man, thank you everyone for your inputs this is already immensely helpful

[Crazy Cat 42,212]

12 hours ago, vakers said:

2016, and actually the lawyer herself was surprised on how fast things went...

I'm not sayy anything but giving the advice to send all the documents needed.

You said "Do the K1, I got here with that and the lawyer my husband used then recommended him as it is faster ".   That advice is outdated..I believe most people are looking for current information. ..besides, the spousal visa is far, far superior in many ways...imo.

Edited August 5, 2021 by Lucky Cat

[SteveInBostonI130 3,483]

One benefit of CR1 right now over K1:  Because Estonia is a Schengen country, after you marry your wife has a chance to visit you because she will not be subject to the travel ban.  I say chance because CBP may turn her away, but that is unlikely for someone from a VWP country.

[carmel34 3,654]

From the US embassy website for Estonia, keep in mind that many consulates/embassies view K-1 visas as "non-immigrant" category.

 

Due to the COVID-19 pandemic, the United States Embassy in Tallinn remains unable to resume normal visa operations. 

 

 

Nonimmigrant Visas

Due to the COVID-19 pandemic, we are only offering limited nonimmigrant visa appointments for air and sea crew, students/exchange visitors, and petition-based work visas for applicants resident in Estonia.

 

Check out the regional forum to see what Tallinn is doing with K-1s right now.  From their website it looks like they are not doing K-1 interviews so the backlog keeps growing.  CR-1s are being scheduled for interviews based on their website, hence the reason why CR-1 may be faster at this point in time.  Good luck!

 

https://www.visajourney.com/portals/index.php?country=Estonia

Edited August 5, 2021 by carmel34

[Sarge2155 4,590]

11 hours ago, vakers said:

2016, and actually the lawyer herself was surprised on how fast things went...

I'm not sayy anything but giving the advice to send all the documents needed.

In 2016 that was perhaps possible, but many many things have happened since 2016 not to mention the pandemic!

[SusieQQQ 11,587]

12 hours ago, vakers said:

2016, and actually the lawyer herself was surprised on how fast things went...

I'm not sayy anything but giving the advice to send all the documents needed.

You know there’s been a pandemic since? Processing times have changed dramatically from 2016.

[Crazy Cat 42,212]

12 hours ago, vakers said:

Do the K1, I got here with that and the lawyer my husband used then recommended him as it is faster 

We filed on June and I was already here on October, just make sure you are adding all the necessary documents.

 

 

 

Did that attorney also explain the differences between a K-1 and a CR-1?  Did the attorney explain that you would be stuck inside the US with no ability to work or travel outside the country for months?  Right now, there are people who have been waiting for as long as 10 months to even get an EAD....and green cards are taking a lot longer.  I'd say a lot has changed since 2016 (that is the year we applied, too). 

Edited August 5, 2021 by Lucky Cat

[millefleur 5,047]

**One non-contributory reply removed.**

 

VJ Moderation

[yuna628 9,712]

Hi OP,

 

As of right now a spousal visa is going to be the better route to go instead of a K1. And this is coming from a person that did the K1 back in the day. A long time ago K1s were a little bit faster but you still had to go through adjustment of status and a long wait to get an EAD and Green Card. Now? It's beyond even worse of a wait. Getting the spousal means you don't have to jump through that extra step, because you're going to be waiting long enough as it is. A word of caution though in either case - getting a Green Card will not guarantee a job as there are many factors involved. My husband had a heck of a time with that, and that was before a pandemic. Just remember, the ability to work immediately doesn't always mean you'll get hired to work immediately. If there is an immediate pressing need for employment due to low funds try to save as much as you can. Other things to consider will be health insurance for the new spouse.

 

Good luck!

[DaveAndAnastasia 2,096]

There's no question that a CR-1 is a better visa (you have a green card right away, so no going through AOS or needing an EAD to work in the interim or AP to travel internationally in the interim -- and EAD or a green card is needed in most states to get a driver's license), and right the K-1 doesn't have the processing time advantage (at least for filing petition->approved visa) it usually has in normal times.

 

The best reason (in normal times) to do a K-1 (and why we did one) is that you have to actually be married to start the process, and if your fiance(e) can't easily visit the US and two foreigners can't marry in his/her country easily that can be difficult.

 

Estonia's not Russia, though; it's a visa waiver program country so your fiancée would normally have little legal difficulty visiting you in the US even if marrying in Estonia might be tricky (I believe many former Soviet Union countries retain something similar to the overly complex Russian process, but don't know anything specific about Estonia). And being married would let her bypass Schengen travel restrictions during the pandemic.

 

So the only counterpoint to going with a CR-1 is you said you can't reasonably meet again until December. And it might be worth something to you to get the process started now rather than in December.

[alyashenko 1]

21 hours ago, DaveAndAnastasia said:

There's no question that a CR-1 is a better visa (you have a green card right away, so no going through AOS or needing an EAD to work in the interim or AP to travel internationally in the interim -- and EAD or a green card is needed in most states to get a driver's license), and right the K-1 doesn't have the processing time advantage (at least for filing petition->approved visa) it usually has in normal times.

 

The best reason (in normal times) to do a K-1 (and why we did one) is that you have to actually be married to start the process, and if your fiance(e) can't easily visit the US and two foreigners can't marry in his/her country easily that can be difficult.

 

Estonia's not Russia, though; it's a visa waiver program country so your fiancée would normally have little legal difficulty visiting you in the US even if marrying in Estonia might be tricky (I believe many former Soviet Union countries retain something similar to the overly complex Russian process, but don't know anything specific about Estonia). And being married would let her bypass Schengen travel restrictions during the pandemic.

 

So the only counterpoint to going with a CR-1 is you said you can't reasonably meet again until December. And it might be worth something to you to get the process started now rather than in December.

This is a logical point. Since I will have to wait to December to start this process for the CR-1, starting the K-1 now may save some time. Only problem is that the K-1 seems to be classified as a non-immigrant visa, and non immigrant visas are not being processed by Estonia according to embassy's website. Although I have read reports that the K-1 may be processed along with the CR-1. I will be calling the visa center in Estonia tonight to get more information. 

 

 

[Boiler 46,025]

K1 is for Fiancees

CR1 is for Spouses.

[alyashenko 1]

28 minutes ago, Boiler said:

K1 is for Fiancees

CR1 is for Spouses.

right