K1 or IR-1/CR-1 Visa?

[Ken178 2]

Greetings everyone!

 

I am dual citizen (US/Filipino) living in the Philippines with my Fiance (Filipina). We initially started a K1 Visa Application and got to the point of scheduling an interview at the Embassy but then the pandemic started and we part of the cancellations. At this point, we still have not been contacted for an interview schedule.

 

Since, I am back in the Philippines for an extended period (more than 1 year), does it make sense to just void the K1 by getting married and applying for a Spousal visa instead? Time wouldn't be an issue since we'd be together anyways and it'd be cheaper as well.

 

Any suggestions or recommendations would be awesome!

 

Thank you!

[Adventine 3,196]

***Moved to the Philippines regional forum for country-specific answers***

 

Since time isn't an issue, you are already living together, and you plan to stay in the Philippines for more than a year, I agree that switching to the spousal visa makes sense, even if your K1 application is already just before the interview stage.

 

As you said, the spousal visa is cheaper, and it has the added advantage that, once you move to the States, your wife can immediately work and travel internationally. This is coming from someone who also lived with her US citizen fiance in the Philippines last year and started on the K1 visa track.

 

Good luck!

[Ken178 2]

2 minutes ago, Adventine said:

***Moved to the Philippines regional forum for country-specific answers***

 

Since time isn't an issue, you are already living together, and you plan to stay in the Philippines for more than a year, I agree that switching to the spousal visa makes sense, even if your K1 application is already just before the interview stage.

 

As you said, the spousal visa is cheaper, and it has the added advantage that, once you move to the States, your wife can immediately work and travel internationally. This is coming from someone who also lived with her US citizen fiance in the Philippines last year and started on the K1 visa track.

 

Good luck!

Thank you for your input! I'm also leaning towards the Spousal visa as well because I hear that this is always being processed at the Embassy unlike the Fiance visas. Is that correct?

 

So, you guys switched from the K1 to Spousal visa as well or finished the K1?

[flicks1998 1,044]

3 minutes ago, Ken178 said:

Thank you for your input! I'm also leaning towards the Spousal visa as well because I hear that this is always being processed at the Embassy unlike the Fiance visas. Is that correct?

 

So, you guys switched from the K1 to Spousal visa as well or finished the K1?

If you plan to stay in the Philippines for at least a year, then the K1 doesnt make any sense.  The K1 visa, once granted, expires 6 months from the medical date.  Also, during the interview, if USEM knows you have no plans to move to the US for another year, they probably wont grant the visa.  Just get married and do the CR1, youll avoid the AOS process in the US which is taking 10+ months for the work/travel authorization and depending on your local USCIS office, could be years before the AOS interview.  

[Crazy Cat 41,884]

I don't usually recommend switching this late in the process.  However, in this case, I agree with @Adventine and @flicks1998.    All things considered, it sounds like a worthy change in the long run.

 

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.
  �

 

Edited October 11, 2021 by Crazy Cat

[Adventine 3,196]

 

17 minutes ago, Ken178 said:

Thank you for your input! I'm also leaning towards the Spousal visa as well because I hear that this is always being processed at the Embassy unlike the Fiance visas. Is that correct?

 

So, you guys switched from the K1 to Spousal visa as well or finished the K1?

 

I switched from the K1 application to AOS from a B1/B2 visa (see my timeline for details on what happened in my case).

 

Spousal visas were prioritized over fiance visas at the US embassy in Manila. It will be many months, or even a few years, before the Embassy catches up with the fiance visa backlog, while spousal visa interviews are already back to pre-pandemic levels or higher. Take a look at this graph, with numbers pulled from the official US Dept of State data:

 

Edited October 11, 2021 by Adventine

[JeanneAdil 6,509]

although i am big advicent of the CR1 ,  u are so far into the K1

so,  question is "if u got the K1 interview and approval ,  would u return sooner to US?"

the Cr1 takes 18 to 24 months

 

and there are interviews for K1 on portal page   (2 appovals and 3 scheduled)

and not everyone from your country is on VJ and/or does a timeline

 

 

While the graph shows a steep decline last 6 months of 2019 and flat lined in 2020 ,  it also shows the K1 is up in June while the CR1 and IR1 have declined again

 

and the futrue?? who knows?

 

[flicks1998 1,044]

3 hours ago, JeanneAdil said:

although i am big advicent of the CR1 ,  u are so far into the K1

so,  question is "if u got the K1 interview and approval ,  would u return sooner to US?"

the Cr1 takes 18 to 24 months

 

and there are interviews for K1 on portal page   (2 appovals and 3 scheduled)

and not everyone from your country is on VJ and/or does a timeline

 

 

While the graph shows a steep decline last 6 months of 2019 and flat lined in 2020 ,  it also shows the K1 is up in June while the CR1 and IR1 have declined again

 

and the futrue?? who knows?

 

Recent CR1s are taking 7 months.  Although the timelines could flip-flop, it will be awhile before they do so, especially for the Philippines.  Also, a K1 is not possible if the petitioner will remain outside of the US for a significant period of time.  The visa is only good from 6 months of the medical date.  And as mentioned before, if the beneficiary goes to the interview and says that they and the petitioner will remain in the Philippines for another 9 months, 1 year, etc, they will not issue a K1 visa.

 

Given the situation in the Philippines and at USEM, and the applicants own personal situation, a K1 makes no sense at this time no matter how far into the process they are......unless they plan to immediately move to the US once the visa is issued. 

[Ken178 2]

22 hours ago, flicks1998 said:

If you plan to stay in the Philippines for at least a year, then the K1 doesnt make any sense.  The K1 visa, once granted, expires 6 months from the medical date.  Also, during the interview, if USEM knows you have no plans to move to the US for another year, they probably wont grant the visa.  Just get married and do the CR1, youll avoid the AOS process in the US which is taking 10+ months for the work/travel authorization and depending on your local USCIS office, could be years before the AOS interview.  

I probably should have rephrased my duration here in the Philippines. I meant to say I can be here as long I need to be but if the time arises where we can receive the Visa, I would change plans to leave earlier and move back to the US for that. 

 

However the CR1 route does not seem to bad because I don't mind living here for as long as it takes for the Visa to get to us.