Brand New to this Process - Help K1 vs K3

[Erin333 1]

I am hoping someone can point me in the right direction.  May 2021 I started online gaming with a group of people.  One guy and I had a great vibe going and on December 7th he came to visit to see if we had the same vibe in person.  He came from Ireland and has until March 6th until his 90 day visit is up.  We want to continue our journey together and are not sure if the K1 is the way to go once he leaves or if we should get married before he leaves and then work through the K3.  I also plan to visit Ireland once my passport arrives.  We dont want to be apart, but we also want to do this the correct and legal way.  Is it better to get married in the US or should we do it in Ireland?  Any help or advice to get us going in the right direction would be helpful.  

[Allaboutwaiting 2,503]

It will be easier for you both if you marry and apply for a CR1.

Marry wherever is easier/quicker.

[TBoneTX 45,287]

K-3 isn't issued.  The CR-1 is the superior visa.

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Thread is moved from the K-1 Process forum to "What Visa" forum.

[Erin333 1]

2 minutes ago, Allaboutwaiting said:

It will be easier for you both if you marry and apply for a CR1.

Marry wherever is easier/quicker.

Thank you, that was what we were thinking.

 

1 minute ago, TBoneTX said:

K-3 isn't issued.  The CR-1 is the superior visa.

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Thread is moved from the K-1 Process forum to "What Visa" forum.

Thank you for helping me to the right place.

[TBoneTX 45,287]

Do your reading in these forums so that you know which visa is which, and the processes.  There are a great many threads on this very topic.  

[Erin333 1]

2 minutes ago, TBoneTX said:

Do your reading in these forums so that you know which visa is which, and the processes.  There are a great many threads on this very topic.  

Yes, I have been just starting out reading them.  A friend of mine brought out her husband from Jamaica and she recommended this site.  Thank you so very much, it is all confusing to me at the start, but I will do all my research  

[Marieke H 2,498]

In my opinion, the CR-1 is much better than the K-1 visa, because he will then become a legal permanent resident upon entry with the visa. With a K-1, he would have to go through Adjustment of Status and apply for work and travel authorization. That basically means he would be sitting at home for 6-8+ months without being able to work or travel. I'll let @Crazy Cat share his helpful list of pros and cons of both visas.

 

As he is in the US now, you also have a third option, although it's not ideal. You could get married and apply for Adjustment of Status. Then he would have to stay in the country until he receives Advanced Parole (again, this can take 6-8+ months).

[Erin333 1]

1 minute ago, Marieke H said:

In my opinion, the CR-1 is much better than the K-1 visa, because he will then become a legal permanent resident upon entry with the visa. With a K-1, he would have to go through Adjustment of Status and apply for work and travel authorization. That basically means he would be sitting at home for 6-8+ months without being able to work or travel. I'll let @Crazy Cat share his helpful list of pros and cons of both visas.

 

As he is in the US now, you also have a third option, although it's not ideal. You could get married and apply for Adjustment of Status. Then he would have to stay in the country until he receives Advanced Parole (again, this can take 6-8+ months).

He would have to stay in America for the 6 to 8 months?  And that would mean no work or anything right?

[Marieke H 2,498]

1 minute ago, Erin333 said:

He would have to stay in America for the 6 to 8 months?  And that would mean no work or anything right?

Correct. Which is why it usually is not the best option for someone who just came to visit and probably has a lot of loose ends to tie up back home. But it is a legal option for people who came to visit and then plans changed.

[Crazy Cat 41,845]

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.
  �

 

[Erin333 1]

22 minutes ago, Crazy Cat said:

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.
  �

 

This is very helpful information thank you.  So for the CR-1, it would be married in either the US or Ireland and then file and he would still go back to Ireland until approval correct?  Also, is there a general timeline to the CR-1 approval?  I know that everything varies and with COVID I am sure things are slower, but thinking of general terms.

[Erin333 1]

35 minutes ago, Marieke H said:

Correct. Which is why it usually is not the best option for someone who just came to visit and probably has a lot of loose ends to tie up back home. But it is a legal option for people who came to visit and then plans changed.

So about the adjustment of status, if there were no loose ends and he had financial means that would help anyway during that time all we would need to do is get married and then file?

[HandmadeTurnip 150]

4 hours ago, Erin333 said:

So about the adjustment of status, if there were no loose ends and he had financial means that would help anyway during that time all we would need to do is get married and then file?

Yes, you can marry and file for Adjustment of Status now if he's okay with not being able to work or go home for 8+ months.

 

If he leaves before that, your only options are the K-1 or CR-1 visa.

[Dashinka 24,493]

11 hours ago, Erin333 said:

So about the adjustment of status, if there were no loose ends and he had financial means that would help anyway during that time all we would need to do is get married and then file?

Correct.  If this path is taken, read the attached guide for the required forms to submit.  The I131 and I765 are listed as optional, but if he does want to travel internationally (and return to the US) or work, these should be included as they do not incur any additional cost.  Additionally, if you were to get married and apply to adjust status and a job offer comes about, he could request an expedite to the I765 to get work authorization sooner than 8+ months.

 

If AOS is not the path, then you have a couple of options, you can get married (anywhere), he leaves and submit the I130 for an eventual CR1 visa, or not get married, file the I129F for an eventual K1 visa to get married later inside the US.  As others have mentioned, the CR1 is generally recommended, and processing times for the I129F has slowed quite a bit, so there is less of an advantage there.  You mentioned Ireland, so I assume he is here on an ESTA, if so he can still use that to visit while either path is processing as long as he does not abuse it. 

 

Good Luck!

 

 

[Erin333 1]

2 hours ago, Dashinka said:

Correct.  If this path is taken, read the attached guide for the required forms to submit.  The I131 and I765 are listed as optional, but if he does want to travel internationally (and return to the US) or work, these should be included as they do not incur any additional cost.  Additionally, if you were to get married and apply to adjust status and a job offer comes about, he could request an expedite to the I765 to get work authorization sooner than 8+ months.

 

If AOS is not the path, then you have a couple of options, you can get married (anywhere), he leaves and submit the I130 for an eventual CR1 visa, or not get married, file the I129F for an eventual K1 visa to get married later inside the US.  As others have mentioned, the CR1 is generally recommended, and processing times for the I129F has slowed quite a bit, so there is less of an advantage there.  You mentioned Ireland, so I assume he is here on an ESTA, if so he can still use that to visit while either path is processing as long as he does not abuse it. 

 

Good Luck!

 

 

Thank you for the information, a lot to read through and decide on the best path for us.  I appreciate all your help