Fiancé vs Spouse Visa (merged)

[MacNCheese999 0]

Good day! I'm a new member here. Me and my partner have no experience in this whatsoever so I'm gonna go straight to the point.

 

Which is faster, applying for a K-1 or CR-1 visa?

Here's the picture: girlfriend and I are in the US right now, but as a tourist, I have to go back soon to the Philippines. So will it be better for her to apply now, or apply when I get back home, or come with me and get married in the Philippines?

 

I know the journey will be long regardless, but it would be really helpful to know which is easier. Thanks for the replies!

[powerpuff 6,714]

~ Moved from K1 forum to What Visa do I need ~

For Philippines? That would definitely be CR1. It will still take anywhere from 12-24 months, but that’s still faster than how long K1 is taking there. 

[dwheels76 5,468]

Is your partner a US citizen? Spouse path is best. Either route will take some time especially with your country shutting down every other month. The backlog is great.

[MacNCheese999 0]

1 hour ago, powerpuff said:

~ Moved from K1 forum to What Visa do I need ~

For Philippines? That would definitely be CR1. It will still take anywhere from 12-24 months, but that’s still faster than how long K1 is taking there. 

I knew I made a mistake where I posted it. Thanks for that.

 

7 minutes ago, dwheels76 said:

Is your partner a US citizen? Spouse path is best. Either route will take some time especially with your country shutting down every other month. The backlog is great.

Yes she is. And yes dammit if that wasn't true, my country isn't really the best at judging what to use to control the pandemic. We were even using face shields until a while ago.

[Crazy Cat 41,919]

19 hours ago, MacNCheese999 said:

Good day! I'm a new member here. Me and my partner have no experience in this whatsoever so I'm gonna go straight to the point.

 

Which is faster, applying for a K-1 or CR-1 visa?

Here's the picture: girlfriend and I are in the US right now, but as a tourist, I have to go back soon to the Philippines. So will it be better for her to apply now, or apply when I get back home, or come with me and get married in the Philippines?

 

I know the journey will be long regardless, but it would be really helpful to know which is easier. Thanks for the replies!

There are other factors worthy of consideration:

 

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.
  �

 

[MacNCheese999 0]

4 hours ago, Crazy Cat said:

There are other factors worthy of consideration:

 

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.
  �

 

Are there cons to CR-1 then?

[Crazy Cat 41,919]

7 minutes ago, MacNCheese999 said:

Are there cons to CR-1 then?

Under a few specific circumstances, a K-1 might be the better choice...or only choice. (same sex marriage or children between the ages of 18 and 21).  Otherwise, I know of no disadvantages of a spousal visa as compared to a fiance visa.  Other members might have ideas.

[Crazy Cat 41,919]

One more thing.  Since I joined VJ six years ago, I have seen many, many K-1 couples regret their decision later (usually because of the limbo period between arrival and actually getting a green card).  I have yet to see even a single CR-1 couple say they wish they had chosen a K-1 instead... FWIW.

[MacNCheese999 0]

4 minutes ago, Crazy Cat said:

One more thing.  Since I joined VJ six years ago, I have seen many, many K-1 couples regret their decision later (usually because of the limbo period between arrival and actually getting a green card).  I have yet to see even a single CR-1 couple say they wish they had chosen a K-1 instead... FWIW.

That would make sense. Being useless for a year will be very taxing mentally and to the relationship.

 

Now I just have to drag the missus to my home country 😂 She actually wants me to overstay and just get married here 🙃

[Crazy Cat 41,919]

4 minutes ago, MacNCheese999 said:

That would make sense. Being useless for a year will be very taxing mentally and to the relationship.

 

Now I just have to drag the missus to my home country 😂 She actually wants me to overstay and just get married here 🙃

Yep.  Although I recently saw a member who says he received his EAD after 3 or months, it seems many (if not most) cases are taking about 8 months.  But, deciding between a CR-1 and a K-1 is entirely a personal choice.  Good luck.

[DaveAndAnastasia 2,092]

23 hours ago, Crazy Cat said:

Under a few specific circumstances, a K-1 might be the better choice...or only choice. (same sex marriage or children between the ages of 18 and 21).  Otherwise, I know of no disadvantages of a spousal visa as compared to a fiance visa.  Other members might have ideas.

There are a non-trivial number of countries where legally marrying a foreigner takes a lot of time, money, and/or paperwork AND where it's quite difficult for young singles to get US tourist visas (so you could marry in the US instead). Doing a third-country wedding adds additional expense and takes time.

 

In normal times, doing a K-1 is usually cheaper, faster, and more straightforward than adding a visit in a third country to actually get married and then doing a CR-1. So if the facts on the ground were the same as they were when we filed (aka the Moscow embassy was open, and petition to interview was about nine months faster for a K-1 on average), I'd still advise people with a Russian fiancé(e) to do a K-1 unless they were currently living with their fiancé(e) in Russia as long as they were well aware of the downsides and were okay with them. But they are not; processing times from petition to interview are similar right now, and with the Moscow embassy closed and random covid-related closures still happening all over the world a spouse has a lot more rights than a fiancé(e).

[MacNCheese999 0]

I know this isn't really something to condone, but what are your stands in just simply overstaying and getting married here in the US?

[Crazy Cat 41,919]

1 hour ago, DaveAndAnastasia said:

There are a non-trivial number of countries where legally marrying a foreigner takes a lot of time, money, and/or paperwork AND where it's quite difficult for young singles to get US tourist visas (so you could marry in the US instead). Doing a third-country wedding adds additional expense and takes time.

 

In normal times, doing a K-1 is usually cheaper, faster, and more straightforward than adding a visit in a third country to actually get married and then doing a CR-1. So if the facts on the ground were the same as they were when we filed (aka the Moscow embassy was open, and petition to interview was about nine months faster for a K-1 on average), I'd still advise people with a Russian fiancé(e) to do a K-1 unless they were currently living with their fiancé(e) in Russia as long as they were well aware of the downsides and were okay with them. But they are not; processing times from petition to interview are similar right now, and with the Moscow embassy closed and random covid-related closures still happening all over the world a spouse has a lot more rights than a fiancé(e).

Good points!   Thanks.  

[Chancy 6,241]

2 hours ago, MacNCheese999 said:

I know this isn't really something to condone, but what are your stands in just simply overstaying and getting married here in the US?

 

If you are ready to leave your life in the Philippines behind, and endure not being able to work and travel freely for 6 months up to year or more, then it is a legal option for you now to marry and adjust status (ie. apply for a green card) while you are in the US.  You and your USC girlfriend should decide as soon as possible before your I-94 expires.

 

[Adventine 3,196]

3 hours ago, MacNCheese999 said:

I know this isn't really something to condone, but what are your stands in just simply overstaying and getting married here in the US?

 

You don't even need to overstay. You can choose to get married and file your Adjustment of Status packet ASAP, before your I-94 expires. That will put you in a period of authorized stay and you won't accrue any illegal presence while you wait for your work/travel permits and/or green card.

 

Just be aware that you will not be able to work legally or travel internationally until you get at least the work and travel permits (EAD and AP).

 

If someone in the Philippines has an emergency and you fly back without Advanced Parole or a green card, you wouldn't be able to easily return to the US. Your Adjustment of Status would be deemed abandoned and you would have to start from scratch with a spousal visa application.

 

If you have a job, assets or dependents to take care of in the Philippines and have no one who can handle these affairs while you're in the US indefinitely, then Adjustment of Status is not the best choice.