k1 Help me decide between K1 and CR1

[kont 0]

Hello everyone!

 

This is my first time posting. I am a US citizen (also have Turkish citizenship) and currently living in the USA. I met my fiance through a family friend in the Fall of 2020. We maintained a long distance relationship for about 9 months. In the summer of 2021 I went to Turkey to meet my fiance and we decided to get engaged. We had a small engagement ceremony with both of our families in her house. After spending 3 weeks with her, I had to fly back to USA due to my job. Since my return to the USA, we have been video chatting literally everyday for hours. We now decided to get married but are in no rush. We don't have a significant preference on whether we get officially married in the USA or in Turkey. Nonetheless, our marriage ceremony will take place in Turkey with our families and friends likely in the summer of 2022. I am quite indecisive on whether to pursue a CR1 or K1 visa route. I have a very legitimate and prestigious job in the USA, thus we do not have any financial restraints. Namely, my fiance does not have to work in the USA or make money immediately. Our main priority is to bring my fiance to the USA as fast as possible. It has been really hard to be away from her and we really would like to be together ASAP. I know that with COVID-19 pandemic things have been slower than usual, which is expected. However, I am seeing an improvement in processing timelines. Turkish consulate currently processes and prioritized all K type and immigration visas. My fiance still has 8 months of college to go through before she can come to the USA. However, once she is done with school, we would like to be reunited promptly. If needed be, I can get married officially as soon as in January 2022 in Turkey or can delay it to  pursue an official marriage in the USA once she arrives here. I apologize for the long thread but wanted to share as much as I could for the best guidance. Thank you in advance! I appreciate your time.

[SalishSea 17,836]

18 minutes ago, kont said:

Hello everyone!

 

This is my first time posting. I am a US citizen (also have Turkish citizenship) and currently living in the USA. I met my fiance through a family friend in the Fall of 2020. We maintained a long distance relationship for about 9 months. In the summer of 2021 I went to Turkey to meet my fiance and we decided to get engaged. We had a small engagement ceremony with both of our families in her house. After spending 3 weeks with her, I had to fly back to USA due to my job. Since my return to the USA, we have been video chatting literally everyday for hours. We now decided to get married but are in no rush. We don't have a significant preference on whether we get officially married in the USA or in Turkey. Nonetheless, our marriage ceremony will take place in Turkey with our families and friends likely in the summer of 2022. I am quite indecisive on whether to pursue a CR1 or K1 visa route. I have a very legitimate and prestigious job in the USA, thus we do not have any financial restraints. Namely, my fiance does not have to work in the USA or make money immediately. Our main priority is to bring my fiance to the USA as fast as possible. It has been really hard to be away from her and we really would like to be together ASAP. I know that with COVID-19 pandemic things have been slower than usual, which is expected. However, I am seeing an improvement in processing timelines. Turkish consulate currently processes and prioritized all K type and immigration visas. My fiance still has 8 months of college to go through before she can come to the USA. However, once she is done with school, we would like to be reunited promptly. If needed be, I can get married officially as soon as in January 2022 in Turkey or can delay it to  pursue an official marriage in the USA once she arrives here. I apologize for the long thread but wanted to share as much as I could for the best guidance. Thank you in advance! I appreciate your time.

It will not be quick either way.  However, if you have a marriage ceremony in Turkey in summer of 2022, you will be ineligible for the K-1.  Probably CR-1 is most suited to people wanting to plan like that.

[HRQX 4,145]

*** Moved to What Visa Do I Need - Family Based Immigration forum ***

[kont 0]

@Jorgedig thank you for your response! Our marriage ceremony will be an unofficial one, namely we won't be signing any official paperwork. However, we can change the date of the ceremony if absolutely necessary. I am just afraid that CR1 will take way too long.

[HRQX 4,145]

11 minutes ago, kont said:

I am just afraid that CR1 will take way too long.

Sometimes the CR-1 process could be very fast:

[carmel34 3,633]

1-2 years either way you go from filing to visa in hand.  The spousal visa is far superior for many reasons.  You can go and visit her as often as you can during the 1-2 year wait, keep all the evidence of those visits and submit it with the I-130 petition after marriage, upload more at the NVC stage, and take any new evidence of visits to the visa interview.  Also look into the financial co-mingling evidence you could submit with the I-130, at the NVC stage, to show more proof of a bona fide marriage relationship.  Good luck!

[SalishSea 17,836]

12 hours ago, kont said:

@Jorgedig thank you for your response! Our marriage ceremony will be an unofficial one, namely we won't be signing any official paperwork. However, we can change the date of the ceremony if absolutely necessary. I am just afraid that CR1 will take way too long.

People have been denied K-1s after “unofficial” ceremonies.   There are countless stories of it here on VJ.   It definitely is a risk.

 

There is no longer a measurable difference in time between the K-1 and CR-1.

[JeanneAdil 6,511]

Since you want a ceremony in Turkey,  marry there

i read that engagement ceremonies are a tradition in Turkey,   many US embassies consider any type of party that shows ring exchange (as u would do in Turkey)  with both families present as "too married for a K1"

 

Either process is not fast at least not as fast as any of us want

 

but to do a K1 and be denied after waiting over a year and then needing to return and marry for the CR1 is too too long 

it doesn't matter that she does not have to work,  the CR1 is still far superior

1.  getting SS # faster as USCIS can apply for it with ds 260 marked to do so

2.  easier to add the immigrant to health insurance

3.  diving license is a must for many of us and CR1 makes it easier

4.  can travel back to Turkey at will as the POE will stamp the passport with I 551 giving her green card privileges for a year while waiting for the actual green card

5.  you don't have to wait for ages for AOS to happen

6.  you save the $1225 for AOS and can spend it on seeing your fiancee

 

Almost forgot ,  u say u can probably marry January 2022 but if there is any way , u could do it in December by all means do so

as then you can claim her on 2021 taxes as nonresident alien spouse and get the commingling of finances started (good way to prove bona fida marriage )

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

Edited October 17, 2021 by JeanneAdil

[SteveInBostonI130 3,459]

13 hours ago, kont said:

We don't have a significant preference on whether we get officially married in the USA or in Turkey. Nonetheless, our marriage ceremony will take place in Turkey with our families and friends likely in the summer of 2022. I am quite indecisive on whether to pursue a CR1 or K1 visa route.

 

If needed be, I can get married officially as soon as in January 2022 in Turkey or can delay it to  pursue an official marriage in the USA once she arrives here.

 

CR1.

 

With K1, your fiance/wife will not be able to travel back to Turkey until 2023.  Why?  Because there are several steps and each has delays.

-K1 petition approved, 6-10 months: April - Aug 2022.  

-NVC case number assign and send petition to Turkey, 1-2 months;  May 2022 - Oct 2022.

-Interview and K1 issued, 1-2 months: Jun 2022 - Dec 2022

-Marriage in US, Apply for AOS, EAD, AP,  2 months average: Aug 2022 - Feb 2023.

-Wait for AP to be able to travel outside US, 6-9 months: Feb 2023 - Nov 2023.

 

With CR1, you marry in Jan 2022 and apply by Feb 2022.  You can visit her and do the formal ceremony in summer 2022.

 

It takes about 1 - 1.5 yrs for your wife to immigrate and be a permanent resident on day 1 of being in the US: Jan 2023 - July 2023.

 

She can travel, get a job, get a DL, whatever basically right away instead of having to wait for at least the EAD (same timeframe of AP).

[Crazy Cat 41,888]

14 hours ago, kont said:

Hello everyone!

 

This is my first time posting. I am a US citizen (also have Turkish citizenship) and currently living in the USA. I met my fiance through a family friend in the Fall of 2020. We maintained a long distance relationship for about 9 months. In the summer of 2021 I went to Turkey to meet my fiance and we decided to get engaged. We had a small engagement ceremony with both of our families in her house. After spending 3 weeks with her, I had to fly back to USA due to my job. Since my return to the USA, we have been video chatting literally everyday for hours. We now decided to get married but are in no rush. We don't have a significant preference on whether we get officially married in the USA or in Turkey. Nonetheless, our marriage ceremony will take place in Turkey with our families and friends likely in the summer of 2022. I am quite indecisive on whether to pursue a CR1 or K1 visa route. I have a very legitimate and prestigious job in the USA, thus we do not have any financial restraints. Namely, my fiance does not have to work in the USA or make money immediately. Our main priority is to bring my fiance to the USA as fast as possible. It has been really hard to be away from her and we really would like to be together ASAP. I know that with COVID-19 pandemic things have been slower than usual, which is expected. However, I am seeing an improvement in processing timelines. Turkish consulate currently processes and prioritized all K type and immigration visas. My fiance still has 8 months of college to go through before she can come to the USA. However, once she is done with school, we would like to be reunited promptly. If needed be, I can get married officially as soon as in January 2022 in Turkey or can delay it to  pursue an official marriage in the USA once she arrives here. I apologize for the long thread but wanted to share as much as I could for the best guidance. Thank you in advance! I appreciate your time.

Sounds like a K-1 is not an option.  Please allow me to post this:

 

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.
  �

 

[kont 0]

Thank you so much everyone for your responses and kind help. It seems that for my situation CR-1 visa looks more logical and appropriate. However, I have spoken with two different lawyers through this weekend. Both strongly advised me to avoid going through CR-1 route stating that it would be much much longer of a process. They were talking about 8-10 months timeline for a K-1 visa and over 18 months for CR-1 visa. Is this really true? Also, as I have mentioned, I can easily postpone my marriage ceremony in the summer of 2022 to another time if that is the biggest issue with getting a K-1. Once again, I appreciate all your help.

[SteveInBostonI130 3,459]

6 hours ago, kont said:

Thank you so much everyone for your responses and kind help. It seems that for my situation CR-1 visa looks more logical and appropriate. However, I have spoken with two different lawyers through this weekend. Both strongly advised me to avoid going through CR-1 route stating that it would be much much longer of a process. They were talking about 8-10 months timeline for a K-1 visa and over 18 months for CR-1 visa. Is this really true? Also, as I have mentioned, I can easily postpone my marriage ceremony in the summer of 2022 to another time if that is the biggest issue with getting a K-1. Once again, I appreciate all your help.

Not really true nowadays.

 

Pre-covid, yes, though it depended on swings of processing times every few years or so (CR1 took less time).

 

Post-covid, that is not remotely close.  Per ongoing statistics from VJ member timelines:

 

K1 is now taking about 460 days.  15 months or so.  That was because during most of 2020 embassies were not processing K1 visas.  That created a large backlog.  Also, most embassies are still not 100% staffed and are processing a limited amount each month.

 

CR1, on the other hand, was one of few visas that was prioritized in 2020.  Our CR1 took 6 months, but we were one of the fastest.  The average of our Feb 2020 filing group was about a year.

[SalishSea 17,836]

13 hours ago, kont said:

Thank you so much everyone for your responses and kind help. It seems that for my situation CR-1 visa looks more logical and appropriate. However, I have spoken with two different lawyers through this weekend. Both strongly advised me to avoid going through CR-1 route stating that it would be much much longer of a process. They were talking about 8-10 months timeline for a K-1 visa and over 18 months for CR-1 visa. Is this really true? Also, as I have mentioned, I can easily postpone my marriage ceremony in the summer of 2022 to another time if that is the biggest issue with getting a K-1. Once again, I appreciate all your help.

It took 8-10 months back in 2018.  Covid changed everything.  Have a read of the boards here on VJ to get a sense of current timelines.

And:  the 8-10 months is for petition approval.  It doesn't really help in the overall timeline of the process if your approved petition sits idle at NVC for a year.  The huge delay and backlog for K visa issuance is at the consular level, as some consulates have been doing very minimal interviews for that category.  Spouses (i.e. relatives) of US citizens are prioritized over fiances, which are not relatives.

[Crazy Cat 41,888]

14 hours ago, kont said:

Both strongly advised me to avoid going through CR-1 route stating that it would be much much longer of a process

LOL!!!!!    Your choice....and YOUR consequences for listening to those attorneys......You were warned!!!!  You are going to find that getting the Green Card is going to take a LOT longer from a K-1.

-  I'm out.

Edited October 18, 2021 by Crazy Cat

[millefleur 5,046]

17 hours ago, kont said:

However, I have spoken with two different lawyers through this weekend. Both strongly advised me to avoid going through CR-1 route stating that it would be much much longer of a process.

Lawyers have been wrong time and time again, just search the forums for threads where lawyers made mistakes and ended up further delaying the process. I'm pretty sure a lawyer will advise you to go the K-1 route because they will make more money that way: more forms for them to check and thus collect fees for.

 

Also, you don't even need a lawyer if your case is straightforward and has no red flags. Lawyers cannot expedite the process (except in rare cases if you meet criteria for that.) They have to follow the same rules and wait times that everyone else does.

 

Edited October 18, 2021 by millefleur