K1 vs CR1 Visa

[milimelo 4,508]

On 3/10/2022 at 6:47 PM, Mike E said:

Historically k-1 had been faster. Not so much the past 3 years.  Picking K-1 today is betting 1. that the Covid induced K-1 backlog will ebb in time to make a difference to you and 2. that there won’t be more Covid lock downs at USCIS and the Montreal consulate.  If I could legally bet against these outcomes I would.  
 

9 months is optimistic. More like 12 or more months.  

Technically true but as a practical matter this is false considering that the goal is to avoid I-751 aka removal of conditions. You can avoid I-751 with a CR-1 if you enter the USA  2 or more years after the date you marry.  Two  points about a spousal immigration visa (SIV)

 

1. A family based SIV starts with an I-130.  Once the I-130 is approved, visa processing commences and the beneficiary controls the pace up until requesting an interview appointment. 

 

2. Once a SIV has been issued,  the beneficiary has 6 months  to use the SIV.  

 

So I-130 is approved 18 months or more after the date of marriage, the beneficiary goes full steam ahead  with the paving.  
 

Otherwise the beneficiary waits until the 18 month wedding anniversary to start the visa processing phase. If the visa is issued before 2 year marriage anniversary, the beneficiary waits until the 2 year anniversary of the marriage and then enters the USA. Legally the  beneficiary will be issued a 10 year green card.  
 

Considering how long people waited for past 3 years, 2 years isn’t much.  The drama, the cost, and time wasted with I-751 makes IR-1 /  slow rolled CR-1 the best of all paths. 

Please stop using SIV which is Special Immigrant Visa for CR-IR categories as they are NOT the same. 
 

Stick to spousal visa or CR/IR visa but SIV is for SIV people. 

[Electrichead64 29]

A lot of people will tell you that CR-1 is *definitely* the best choice.  They couldn't be more wrong.  Never let someone else make decisions for you that affect your life, especially one that is this important.  Whichever is best, CR-1 or K-1, depends on many circumstances.  Neither is their logic, logical.  If one choice was clearly "better" than the other, there would only be one choice.  The other couldn't compete, and it would be eliminated.  In your particular case, I would first ask, how easy is it for you to visit your fiancee from Canada?  I think you have an advantage over most people.  I dont think that whether you are applying for a CR-1 or K-1 affects your ability to visit. 

[Crazy Cat 41,983]

40 minutes ago, Electrichead64 said:

A lot of people will tell you that CR-1 is *definitely* the best choice.  They couldn't be more wrong.  Never let someone else make decisions for you that affect your life, especially one that is this important.  Whichever is best, CR-1 or K-1, depends on many circumstances.  Neither is their logic, logical.  If one choice was clearly "better" than the other, there would only be one choice.  The other couldn't compete, and it would be eliminated.  In your particular case, I would first ask, how easy is it for you to visit your fiancee from Canada?  I think you have an advantage over most people.  I dont think that whether you are applying for a CR-1 or K-1 affects your ability to visit. 

There are only a very few circumstances in which the K-1 would be superior, imo.....very, very few. Same sex marriages and some situations involving children of certain ages might warrant a K-1 over a CR-1.  I have seen many, many K-1 couples who, later, regretted their decision.  I have seen exactly zero CR-1 couples who say they now wish they had chosen a K-1 instead.   That should speak volumes.  But, I agree that the choice is a personal decision. 

 

Exactly why did you choose a K-1?  

Edited March 14, 2022 by Crazy Cat

[Redro 4,611]

12 minutes ago, Electrichead64 said:

A lot of people will tell you that CR-1 is *definitely* the best choice.  They couldn't be more wrong.  Never let someone else make decisions for you that affect your life, especially one that is this important.  Whichever is best, CR-1 or K-1, depends on many circumstances.  Neither is their logic, logical.  If one choice was clearly "better" than the other, there would only be one choice.  The other couldn't compete, and it would be eliminated.  In your particular case, I would first ask, how easy is it for you to visit your fiancee from Canada?  I think you have an advantage over most people.  I dont think that whether you are applying for a CR-1 or K-1 affects your ability to visit. 

Everyone who suggests CR-1 as the "best choice" gives reasons behind it. 

K1 is better if there is a K2 applicant over 18, if the couple cannot get married in the beneficiary's country (or a third country) and marrying in US is the only option. 

But, currently with K1's taking as long as  IR1/CR1s (and sometimes longer). If you can get married in another country or marry via Utah I would always suggest filing the I-130. 

OP is asking which visa they should pursue. It would be great if you could add reasons to K1 over IR1/CR1 so OP (and future filers) can make an informed decision. 

 

Edited March 14, 2022 by Kor2USA

[Boiler 45,731]

I have seen quite a few people mention there are exceptional circumstance where a K1 is the better option, going back to the OP's situation I see nothing to suggest that any of these apply here.

[Crazy Cat 41,983]

5 hours ago, Electrichead64 said:

And processing times alone are not enough to make an informed decision.

Yet, we see so many people who say "Which visa will allow us to be together the fastest".......I agree that there are more factors other than processing time to consider before making a mature, logical decision....such as the wait for an EAD....the wait to be free to leave the US....the wait for the Green Card....the wait to be able to file for citizenship.  In today's world, a CR-1 is the superior visa if considering just the factors I just listed. As I said, very few factors would change that, imo.  

Edited March 14, 2022 by Crazy Cat

[Unlockable 7,315]

*** Inappropriate post and those quoting it removed. Please post constructively without resorting to making inappropriate comments. Just because others do not agree to opinions do not mean you should resort to fighting, name calling, or making insulting remarks.

 

VJ Moderation

[Crazy Cat 41,983]

7 hours ago, Electrichead64 said:

Working is not a factor.  Green card, work permit -- who cares?

Most all couples I have seen here would disagree with that.  

[Crazy Cat 41,983]

12 minutes ago, Electrichead64 said:

Again, dude ........

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.
   

 

   

I rest my case.  Have a wonderful day!!!!

Edited March 15, 2022 by Crazy Cat

[inbriars 13]

9 minutes ago, Kor2USA said:

This has gone WAY OFF TOPIC.

OP asked for advice for THEIR SITUATION.

1.) Speed 2.) Ability to Work 3.) Cheapest cost OVERALL

I agree but I appreciate that people have good intentions and mean to be helpful. The information in this thread has helped me become more educated in the matter. It is unfortunately complex, no matter which route you choose, and it appears no singular option is better than the other - it is based on your personal circumstance. I was going to start a new thread and/or modify this one, as we are getting clearer in our goal (as previously suggested to know). It is very obvious we have to choose what our priorities are because we cannot have it all. We are prepared for me not to work if necessary, though obviously not ideal. Our main goal is to be able to be together, physically, sooner.

 

This process is difficult and we haven't even started yet. I was thinking we could file the K1 in April or May, or the CR-1 this summer or fall. Maybe by then the COVID-19 backlog will have caught up a bit? I have been travelling back and forth, staying in the US with him for 6-10 weeks at a time. If this process is going to be lengthy, then I would prefer to be able to maintain these visits the best I can to maintain my mental health and I currently do not know which one, if either, will allow me to do so. I recognize I would face lots of scrutiny at the border given the duration of stay but I was prepared either way to attempt to visit and provide documentation of work, paystubs, and bank account information to use as proof of ties in Canada.

 

At this point we are thinking of reaching out to a lawyer to discuss our situation. I am personally losing hope because there is no quick way and that's just the reality of it.

[Crazy Cat 41,983]

A journey of a thousand miles starts with the first step.  As far a visiting goes, it is not prohibited by either a K-1 or a CR-1.  However, EACH visit is at the discretion of CBP at the border.  The process WILL be lengthy. Good luck. 

[Redro 4,611]

20 minutes ago, inbriars said:

I agree but I appreciate that people have good intentions and mean to be helpful. The information in this thread has helped me become more educated in the matter. It is unfortunately complex, no matter which route you choose, and it appears no singular option is better than the other - it is based on your personal circumstance. I was going to start a new thread and/or modify this one, as we are getting clearer in our goal (as previously suggested to know). It is very obvious we have to choose what our priorities are because we cannot have it all. We are prepared for me not to work if necessary, though obviously not ideal. Our main goal is to be able to be together, physically, sooner.

 

This process is difficult and we haven't even started yet. I was thinking we could file the K1 in April or May, or the CR-1 this summer or fall. Maybe by then the COVID-19 backlog will have caught up a bit? I have been travelling back and forth, staying in the US with him for 6-10 weeks at a time. If this process is going to be lengthy, then I would prefer to be able to maintain these visits the best I can to maintain my mental health and I currently do not know which one, if either, will allow me to do so. I recognize I would face lots of scrutiny at the border given the duration of stay but I was prepared either way to attempt to visit and provide documentation of work, paystubs, and bank account information to use as proof of ties in Canada.

 

At this point we are thinking of reaching out to a lawyer to discuss our situation. I am personally losing hope because there is no quick way and that's just the reality of it.

 

I would keep an eye on processing times for K1s out of Canada. 

https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=Canada&op1=5&op2=&op3=1&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=0

Here are NOA1-NOA2 timelines (to see how many people are waiting to interview)

 

Here are timelines based on interviews for K1

https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=Canada&op1=3&op2=&op3=1&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=0

filing to interview on first page ranges from 402 - 631 days.

 

Timelines for CR1/IR1 from filing to interview 

https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=Canada&op1=3&op2=&dfile=No&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=0

 filing to interview on the first page ranges from 284 - 645 days.

 

Good luck on making this decision. 

Keep an eye out on the numbers. Worst case scenario this  can take 600+ days before you receive either visa. 

 

 

 

 

 

Edited March 15, 2022 by Kor2USA

[Boiler 45,731]

A lawyer can only provide information, as can be found on here, it is up to you to make the call as to what is best for your situation.

[millefleur 5,047]

**Several threads removed for bickering and derailment. Administrative action taken. Friendly reminder to abide by the TOS.*

 

VJ Moderation

Edited March 15, 2022 by millefleur

[SalishSea 17,970]

On 3/15/2022 at 7:56 AM, inbriars said:

I agree but I appreciate that people have good intentions and mean to be helpful. The information in this thread has helped me become more educated in the matter. It is unfortunately complex, no matter which route you choose, and it appears no singular option is better than the other - it is based on your personal circumstance. I was going to start a new thread and/or modify this one, as we are getting clearer in our goal (as previously suggested to know). It is very obvious we have to choose what our priorities are because we cannot have it all. We are prepared for me not to work if necessary, though obviously not ideal. Our main goal is to be able to be together, physically, sooner.

 

This process is difficult and we haven't even started yet. I was thinking we could file the K1 in April or May, or the CR-1 this summer or fall. Maybe by then the COVID-19 backlog will have caught up a bit? I have been travelling back and forth, staying in the US with him for 6-10 weeks at a time. If this process is going to be lengthy, then I would prefer to be able to maintain these visits the best I can to maintain my mental health and I currently do not know which one, if either, will allow me to do so. I recognize I would face lots of scrutiny at the border given the duration of stay but I was prepared either way to attempt to visit and provide documentation of work, paystubs, and bank account information to use as proof of ties in Canada.

 

At this point we are thinking of reaching out to a lawyer to discuss our situation. I am personally losing hope because there is no quick way and that's just the reality of it.

A lawyer will not be able to offer anything different from the info you’re getting here.   They cannot speed up the process at all, either.