CR1 for long distance - doable?

[rubym2020 24]

Hi all. 
 

we recently filled a K1, however i have looked at current wait times for EADs on adjustment of starts abs it’s too long. I can’t afford to not work that long (20+ months). 
 

 Should we just get married and get a CR1 or is that bound to fail? We are long distance and have been for 2 years, we lived/traveled together for 2 years before that. Covid has wrecked us. 
 

 Any advice appreciated. 

[pushbrk 12,898]

No problem marrying and then withdrawing the I-129F in favor of an I-130.  Of course, you'll need to be together again to accomplish getting married.  Proxy type marriage is OK but only if you get together in person before filing.

[SalishSea 17,836]

42 minutes ago, rubym2020 said:

Hi all. 
 

we recently filled a K1, however i have looked at current wait times for EADs on adjustment of starts abs it’s too long. I can’t afford to not work that long (20+ months). 
 

 Should we just get married and get a CR1 or is that bound to fail? We are long distance and have been for 2 years, we lived/traveled together for 2 years before that. Covid has wrecked us. 
 

 Any advice appreciated. 

Hi there,

 

I don't think EADs are taking quite that long, but most here would definitely recommend the CR-1 over the K-1, for many reasons.  Being long distance is not an issue - most CR-1 couples have not lived together.  There are definitely things you can do after marrying, and with living apart, to create evidence of a bonafide marriage.  Some examples:  name each other as beneficiaries for insurance and investments, wills/POAs etc.

[Coco8 1,042]

4 hours ago, rubym2020 said:

I can’t afford to not work that long (20+ months). 

The 20+ months if for the K1, so the stamp on your passport. The work permit will take 5-9 months once marry+file in the US. So you won't be able to work for 9 months or so. (It used to take 5 months but COVID delayed everything.)

 

I'm guessing while the K1 is in process, you'll be working those 20 months in your country.

 

Yes, CR1 is better because you can work once you enter the US. 

 

Quote

We are long distance and have been for 2 years

K1 requires the you've met in the past 2 years at least one. Have you seen each other in the past 2 years?

Edited December 6, 2021 by Coco8

[rubym2020 24]

2 hours ago, Coco8 said:

The 20+ months if for the K1, so the stamp on your passport. The work permit will take 5-9 months once marry+file in the US. So you won't be able to work for 9 months or so. (It used to take 5 months but COVID delayed everything.)

 

I'm guessing while the K1 is in process, you'll be working those 20 months in your country.

 

Yes, CR1 is better because you can work once you enter the US. 

 

K1 requires the you've met in the past 2 years at least one. Have you seen each other in the past 2 years?

The 20+ months came from looking at the processing tome for the work permit when with an AOS. I understand that might be an exaggeration but the fact the backlogs are that bad does worry me. 

 

 Yes, we have seen each other in the past year and have made plans to do so again this christmas. 

[rubym2020 24]

6 hours ago, pushbrk said:

No problem marrying and then withdrawing the I-129F in favor of an I-130.  Of course, you'll need to be together again to accomplish getting married.  Proxy type marriage is OK but only if you get together in person before filing.

Hello!

 

 Yes, getting together will be no issue. We are happy travelling to see each other.

 

 Thanks for the reply!

[Coco8 1,042]

7 hours ago, rubym2020 said:

 Yes, we have seen each other in the past year and have made plans to do so again this christmas. 

If you are seeing each other in a few days and you just filed the K1, then you can do the CR1 very soon. The CR1 has a lot more advantages. The K1 used to be slightly faster but since COVID it slowed down a lot and consulates have been prioritizing CR1 over K1.