Feeling overwhelmed with the process and options

[Ecofolux2427 11]

Hey everyone, I'm (33M, US citizen) and my girlfriend is (29F, Chinese citizen). We were together for a year in China before I moved back to the US when the virus broke out. We have decided we want to get married and be together. We are looking into the K1 Fiance Visa, but I was reading that most people dislike the K1 visa and say do your best to get a CR1 visa. Issue is, aren't married and I cannot enter China right now to marry her (no tourism allowed). Do you think we should both try to go to a place like Thailand to get married so we can apply for a CR1 visa or just proceed with a K1 Visa?

 

It's my understanding that even when she gets a K1 visa, it could take ANOTHER year on top of it to get a green card to be able to work in the US legally. I'm just so confused/overwhelmed with what to do. I haven't seen her in a year and it's going to be another year before I see her again. Thank you for any advice!

[KnoxThai 44]

The short answer is: either way you will be waiting a while (sorry). It's just a time consuming process.

 

Don't be discouraged though. It is all worth it in the end. Just look at it as one step at a time. How do you eat an elephant? One bite at a time. Don't get overwhelmed with the process. Just concentrate at one thing at a time and you'll be fine. 

 

My wife's friend started her CR1 process about 2 months before my wife and I started the K1 process (in Thailand). My (now) wife was here in the states 8 months before her friend arrived here, but her friend had her green card shortly after arriving, while we are still waiting for my wife's work permit (should have it next week). Her green card may not happen until next year.

 

So from our experience I would tell you that with a K1 you will likely be together sooner, but you will have to wait longer for her to have her work permit and green card.

 

In our case, we wanted to get her here to the states quicker before COVID made things too complicated. 

 

My wife tells me that it's better to fly into Phuket if you go to Thailand, but the last I knew there was a 2 week quarantine period. 

 

Can you meet her in Hong Kong or Japan? 

[thekevkev 32]

Yeah you are right. Doing the K1 Visa takes longer and costs more than a CR1 (Marriage based Visa).

 

Currently both of the visas take the same amount of time of progressing, because of the Pandemic. 
 

Doing the CR1 Visa gives you a green card right after arrival instead of the K1, which takes approximately another year. I can’t give you an exact amount when you get the green card, but based on the hearing, you get it way faster than the K1.

I think based on both Visas and the professing times it makes no difference of seeing each other. After your K1 Visa got approved you can travel to the US, so I think the only thing you have to consider is the after path, like if you want to wait for a work authorization or a green card. 

 

 

Hope it’s understandable

[Crazy Cat 42,032]

Marrying in a 3rd country or via a Utah state Zoom marriage are good options.  Just be aware that you cannot file for a CR-1 until you have been in the presence of each other during or after the wedding ceremony.

 

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.
  �

 

[Ontarkie 14,369]

~~Moved to What Visa DO I Need, from K1 P&P - the OP is just starting to learn and understand the options available.~~

[SalishSea 18,064]

15 hours ago, Ecofolux2427 said:

It's my understanding that even when she gets a K1 visa, it could take ANOTHER year on top of it to get a green card to be able to work in the US legally. I'm just so confused/overwhelmed with what to do. I haven't seen her in a year and it's going to be another year before I see her again.

May be much more than a year.  There are people who are still waiting for interviews after petition approval in March of 2020.

 

Neither option is fast, or cheap.

[PWB 213]

Right now there is no good option.  CR1 will save you some money but does have it's own shortfalls.  K1 is a mess, expect long waits for all the requirements.  Remember you will pay for the initial processing of the AOS and after you pay get in line because you will wait for everything required.  

[Crazy Cat 42,032]

2 hours ago, PWB said:

CR1 will save you some money but does have it's own shortfalls

Such as?  Maybe I should include them in my comparison? 

Edited September 8, 2021 by Crazy Cat

[PWB 213]

7 hours ago, Crazy Cat said:

Such as?  Maybe I should include them in my comparison? 

Having to be there physically for the marriage.   Can be a big problem with all the travel restrictions.  If I were to do it again I would  go the CR-1 route.

[mam521 2,124]

On 9/7/2021 at 9:03 AM, Ecofolux2427 said:

Hey everyone, I'm (33M, US citizen) and my girlfriend is (29F, Chinese citizen). We were together for a year in China before I moved back to the US when the virus broke out. We have decided we want to get married and be together. We are looking into the K1 Fiance Visa, but I was reading that most people dislike the K1 visa and say do your best to get a CR1 visa. Issue is, aren't married and I cannot enter China right now to marry her (no tourism allowed). Do you think we should both try to go to a place like Thailand to get married so we can apply for a CR1 visa or just proceed with a K1 Visa?

 

It's my understanding that even when she gets a K1 visa, it could take ANOTHER year on top of it to get a green card to be able to work in the US legally. I'm just so confused/overwhelmed with what to do. I haven't seen her in a year and it's going to be another year before I see her again. Thank you for any advice!

Not only do you have to consider your significant other's ineligibility to work, there is also an ineligibility to travel until AP is granted or the conditional green card comes, which ever comes first and all with an associated financial cost.  

 

As Crazy Cat has pointed out, CR1 is likely the better option.  It allows more flexibility when beginning your lives together.  It's really challenging to become 100% reliant on another person in a new country when you've been independent back "home".  It's cheaper in the long run, too.  

 

The waiting on the front end isn't very fun, but you're planning to spend the rest of your lives together.  It will feel like a little blip in time once you're past that challenge and you can pat yourselves on the back knowing if you can overcome the immigration wait, you can basically overcome anything challenging thrown at your relationship.