Ah help! K1, CR-1, or DCF?! [merged threads]

[Crazy Cat 40,119]

7 minutes ago, Emily8460 said:

Update: We stopped payment on the check.We are trying to intercept the package through USPS and hopefully it will never get to the lockbox. We decided we are going to get married asap and file a spouse visa. Thanks everyone! 😀

OK.  Now,  they will reject the fiance package due to non-payment...which is OK.  It will not affect your CR-1 case at all.

 

Next step: Get married!!!

 

Edited August 23, 2021 by Crazy Cat

[Emily8460 13]

9 minutes ago, Crazy Cat said:

OK.  Now,  they will reject the fiance package due to non-payment...which is OK.  It will not affect your CR-1 case at all.

 

Next step: Get married!!!

 

Hahah you're so helpful! Thanks soooo much for the advice. We were worried it may look bad canceling. Rapidvisa sucked, you've been more helpful than them!! 

[Alytes 31]

8 hours ago, Emily8460 said:

Hi there! Thanks for the response. So sad to think hes going to miss my baby brothers wedding. How was it with your fiance not working for months on end? Also the process for him to apply for the green card, was it long and extra work? Congrats on your approval. 

I know you've made the decision to go for CR-1 already, and I think it's a good decision.  I'm just going to backtrack a bit in the conversation and tell you about my fiancé-now-husband.  We talked a lot over the1.5 years our K-1 was processing about how he would need to be ok with living a life of leisure as a house-husband for up to a year (fingers crossed not longer, though it is possible) once he got here, since he wouldn't be able to work until he received EAD.  I make plenty to support us, so that isn't a problem.  He has been here 4 months and he's going a bit stir crazy:)  He hates feeling like he can't contribute and he feels bad that I sit in my Covid home office working all day while he gardens, cleans, walks dogs, and watches tv.  I keep telling him to enjoy it while he can, but I get it.  It's hard.  It sounds like your fiance has a big brain and sitting around for a year doing nothing but waiting for permission to even start looking for a job will be stressful.

 

I almost hired a lawyer at the start of the K-1.  It all seems so daunting when it is new and I was afraid to mess it up.  I called and talked to four different lawyers.  One told me to get married and call him back (I didn't want to get married yet), two sounded a lot like Rapid Visa, and the 4th said you don't need me, your case is easy, the paperwork is tedious, but easy. He said I should call him back when we get to AOS.  So I called him back when my fiance got here and he said we didn't need him for AOS either, that I should file the paperwork on my own and call him if somehow we hit any speedbumps. So far he was right.  We filed paperwork for AOS, EAD and AAP along with my i864.  It's not hard, just a little time consuming.  The hard part of all of this is the waiting, the endless waiting.  This forum is great and if you start checking in and reading other folks threads throughout your waiting period, you'll start to know the answers yourself.  I think the CR-1 is the right decision and I'm glad you found this forum in time! 

[VinnyH 59]

Naive question, but still asking as I might be concerned at some point.

 

OP indicated that she has been living in China for the last 3 years or so, and then Tunisia recently.

 

Doesn't the CR-1 visa require that the U.S. citizen spouse/sponsor be resident of the U.S. (having a domicile in the U.S.)? I just looked at the Dept. of State webpage and am confused (see screenshots below). The fact that the OP paid her taxes in the U.S. is not necessarily a proof of being a resident of the U.S. since filing taxes with the IRS is an obligation of every U.S. citizens worldwide regardless of where they live.

 

I am asking because we are considering moving back to France at some point to raise our kids, but should we decide to come back to the U.S., I don't know whether I need to move back first to the U.S. in order to be a resident physically, before sponsoring my hubby for the IR-1 (we have been married for 7-yrs now, so more than the 2-yrs threshold separating the CR-1 from the IR-1).

 

Thanks

VinnyH

 

Edited August 23, 2021 by VinnyH
typo

[StrawberryKiss 170]

2 hours ago, Villanelle said:

Again do not file the 130 stateside. First attempt to get permission for DCF. If denied you then would file the 130 to the lockbox.

Luckily, you can even file the I-130 online now and don’t have to send all the documents to the lockbox via snail mail anymore in case your request for DCF gets denied. 

[StrawberryKiss 170]

5 minutes ago, VinnyH said:

Naive question, but still asking as I might be concerned at some point.

 

OP indicated that she has been living in China for the last 3 years or so, and then Tunisia recently.

 

Doesn't the CR-1 visa require that the U.S. citizen spouse/sponsor be resident of the U.S. (having a domicile in the U.S.)? I just looked at the Dept. of State webpage and am confused (see screenshots below). The fact that the OP paid her taxes in the U.S. is not necessarily a proof of being a resident of the U.S. since filing taxes with the IRS is an obligation of every U.S. citizens worldwide regardless of where they live.

 

I am asking because we are considering moving back to France at some point to raise our kids, but should we decide to come back to the U.S., I don't know whether I need to move back first to the U.S. in order to be a resident physically, before sponsoring my hubby for the IR-1 (we have been married for 7-yrs now, so more than the 2-yrs threshold separating the CR-1 from the IR-1).

 

Thanks

VinnyH

 

No, you don’t have to be a current resident in order to petition. The USC needs to show intent to re-establish his/her domicile in the US when filing the I-130 from abroad (at the NVC stage when submitting AOS). 

[SalishSea 17,047]

8 hours ago, Emily8460 said:

Hey! So you did K1, correct. 19 months is sooo long!! I bet it was so hard to support your family on one income. How long was your process? We may change  it to CR-1 now or we just found DCF option. 

DCF is not really an option, except under exceptional circumstances.

[hannysgrammy@gmai 13]

22 hours ago, Emily8460 said:

Do you know what the time difference is? Like from now to getting approval? 

About 2 yes. For my daughter's ir1.

[John B 3 6]

On 8/22/2021 at 4:37 PM, Emily8460 said:

Hey! 
Currently in the k1 process with my Tunisian fiancé. It was just sent to the USCIS. We are worried it will take awhile and he will miss my brothers wedding in March. Has anyone received a tourist visa while they were in the k1 process? Any advice or tips is appreciated. 

My co-worker was in a similar spot. They had an IV visa processing for his wife and she tried to get a tourist visa and it was always denied (tried twice) because she had the IV processing. She got as far as the interview the second time and the CO said she’s just going to have to wait for the IV.

[PBoland 7]

Whoa pump the brakes on bashing RapidVisa, or listening to some guy say ‘they told me it would take 6 months’.  That’s pure nonsense.

They were very helpful and held our hands every step of the way.  My fiancée is FINALLY coming to the States in 2 weeks (we filed July 2019).  At no point did they give false hopes or timelines.  
 

As for the OP, you couldn’t possibly have been reading about how COVID effected the K1/CR1 timelines and conclude that the best route at present is a K1.  No one should be filing a K1.  They aren’t processing them or doing interviews.  They ARE for CR1.  
 

No one is coming to the States inside of 6 months, that’s a pipe dream.

 

[SusieQQQ 11,585]

1 hour ago, PBoland said:

No one should be filing a K1.  They aren’t processing them or doing interviews.  They ARE for CR1.  

Well this statement is wrong, maybe at your particular consulate they are still not doing K1s but there definitely are ones that are processing them and issuing K visas. (I don’t think it’s a superior visa at all to CR1, but the reasons stated should be valid.)

Edited August 30, 2021 by SusieQQQ

[KM & ST 1]

On 8/23/2021 at 12:51 AM, Emily8460 said:

Do you know what the time difference is? Like from now to getting approval? 

This is where one of the biggest differences come in. It depends on embassy, but for the one we are assigned to, CR1 is around 2 years of processing now. K1 is significantly faster by a lot.

[Crazy Cat 40,119]

7 hours ago, KM & ST said:

This is where one of the biggest differences come in. It depends on embassy, but for the one we are assigned to, CR1 is around 2 years of processing now. K1 is significantly faster by a lot.

I have seen a lot of VJ members who took the K-1 route, then regretted it later due to the MANY differences.  I have not seen a single CR-1 couple who later wished they had done a K-1.

 

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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
  �

 

[KM & ST 1]

51 minutes ago, Crazy Cat said:

I have seen a lot of VJ members who took the K-1 route, then regretted it later due to the MANY differences.  I have not seen a single CR-1 couple who later wished they had done a K-1.

 

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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
  �

 

I agree with those pros and cons.

 

I am only referring to processing time to be able to set foot in the US. And currently that processing time is insanely long for CR1. Again just speaking for Scandinavia - don't know the details for other embassies.

[MBGD 1]

On 8/23/2021 at 7:28 PM, Alytes said:

I know you've made the decision to go for CR-1 already, and I think it's a good decision.  I'm just going to backtrack a bit in the conversation and tell you about my fiancé-now-husband.  We talked a lot over the1.5 years our K-1 was processing about how he would need to be ok with living a life of leisure as a house-husband for up to a year (fingers crossed not longer, though it is possible) once he got here, since he wouldn't be able to work until he received EAD.  I make plenty to support us, so that isn't a problem.  He has been here 4 months and he's going a bit stir crazy:)  He hates feeling like he can't contribute and he feels bad that I sit in my Covid home office working all day while he gardens, cleans, walks dogs, and watches tv.  I keep telling him to enjoy it while he can, but I get it.  It's hard.  It sounds like your fiance has a big brain and sitting around for a year doing nothing but waiting for permission to even start looking for a job will be stressful.

 

I almost hired a lawyer at the start of the K-1.  It all seems so daunting when it is new and I was afraid to mess it up.  I called and talked to four different lawyers.  One told me to get married and call him back (I didn't want to get married yet), two sounded a lot like Rapid Visa, and the 4th said you don't need me, your case is easy, the paperwork is tedious, but easy. He said I should call him back when we get to AOS.  So I called him back when my fiance got here and he said we didn't need him for AOS either, that I should file the paperwork on my own and call him if somehow we hit any speedbumps. So far he was right.  We filed paperwork for AOS, EAD and AAP along with my i864.  It's not hard, just a little time consuming.  The hard part of all of this is the waiting, the endless waiting.  This forum is great and if you start checking in and reading other folks threads throughout your waiting period, you'll start to know the answers yourself.  I think the CR-1 is the right decision and I'm glad you found this forum in time! 

You are totally right- the waiting is so hard.