K1 or CR1? If CR1, should I DCF? (Peru)

[maryandrafa22 0]

Hi everyone! I'm an 27F American-born citizen who has been living in Peru for over 5 years. I recently got engaged to my Peruvian fiancé (30M) this year after 6 years together, and we're looking to move to the U.S. I've heard that because of the pandemic it's now most likely easier to get married in Peru and do a CR1 visa than it would be to do a K1. In addition, I understand that with a K1 visa he would have to wait for an EAD in order to work here in the US, but that would leave him with a resume gap while waiting to look for another job.

 

I'm currently a legal resident of Peru under a work visa and can get my documents sent to me in order to get married there legally and start the process. But, I would definitely need a joint sponsor to help with the AOS as my only income is foreign-based and wouldn't transfer back to the States. What evidence would I need to provide to DCF and show that we're intending on moving to the US?

[Dashinka 24,767]

Most people here will probably recommend getting married and pursuing the CR1, maybe @Crazy Cat will stop by and show the comparison.  Overall, the CR1 is a superior visa, and it is less expensive in total.  Even the K1 processing time advantage is much less now, and as you stated, the spouse will be waiting months for an EAD/AP before they can work or re-enter the US.  DCF most likely is not an option for you unless you fit in one of the categories in the link below (I know if is from France, but it is the same everywhere).  As to showing your plans to re-establish domicile back in the US, things like a job offer, lease agreement, etc. (see second link).

 

Good Luck!

 

https://fr.usembassy.gov/visas/immigrant-visas/family-employment-immigration/exceptional-circumstances/

 

https://www.boundless.com/immigration-resources/prove-domicile-form-i-864/

Edited August 25, 2021 by Dashinka

[Crazy Cat 42,212]

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.
  �

 

[DaveAndAnastasia 2,096]

The CR-1 is a better visa; the only real downside is that you have to be married to file for it (and proxy marriages don't count until you've been together in-person) and that in normal times (note: now is not normal) it's usually significantly faster from petition filed -> partner entering the US on a K-1.

 

If your fiancé(e) can't easily get a tourist visa and marrying a foreigner in your fiancé(e)'s country is difficult or time-consuming, that can be problematic, especially if there's not a convenient third country where you can marry quickly and easily.

[SalishSea 18,125]

On 8/25/2021 at 11:39 AM, maryandrafa22 said:

Hi everyone! I'm an 27F American-born citizen who has been living in Peru for over 5 years. I recently got engaged to my Peruvian fiancé (30M) this year after 6 years together, and we're looking to move to the U.S. I've heard that because of the pandemic it's now most likely easier to get married in Peru and do a CR1 visa than it would be to do a K1. In addition, I understand that with a K1 visa he would have to wait for an EAD in order to work here in the US, but that would leave him with a resume gap while waiting to look for another job.

 

I'm currently a legal resident of Peru under a work visa and can get my documents sent to me in order to get married there legally and start the process. But, I would definitely need a joint sponsor to help with the AOS as my only income is foreign-based and wouldn't transfer back to the States. What evidence would I need to provide to DCF and show that we're intending on moving to the US?

DCF is gone with the closure of the international USCIS offices a couple of years ago.  Consulates may agree to accept a DCF case with exceptional circumstances.  Nothing in your post sounds like you would qualify.