K1, CR1 and potential L1 - dilemma

[Manifest2022 2]

Hello everyone,

Having come across this forum and reading many threads I thought this would be a great place to get some guidance from you all : )

I am a UK citizen residing in London and my partner is a US citizen residing in New Jersey.

We met 6 years ago and have been in a long distance relationship since then with many visits within US and London aswells as holiday destinations, and everyday communication calls and msgs (WhatsApp).

We have no children and never been previously married.

Our goal is to be married, settle down build a family and for me to reside in the US.

We are now in the process of gathering information around the best route to take K1 (fiance) or CR1 (spousal) for our situation.

I have read alot of information including the threads in this forum about both. I understand the differences between each (k1 involves AOS- greencard and work permit after entering which can take upto another year, CR1 all done before entering)  and that covid has impacted both types in terms of timeframes and they are both averaging the same 1 year plus. I've been reading that the consensus now is CR1 is the overall all best approach.

With the K1 visa our concern is my ability to not work or leave the country and how long that would take. But with the CR1 our concern is just the timeframe itself having to apply for him to get a marriage visa for the UK, register intent to marry, actually get married even if registery office along with work commitments etc (3 months plus to do this) and the file for the CR1 (1 year plus) just seems longer than K1 in terms of being together.

We are leaning more towards the K1 because if feels more natural ( I haven't met his parents) and I can do this before getting married and they can attend the wedding in the US.But again work and leaving the country is an issue. I know I can apply for advance parole to leave the country but that can also take 8 months plus.

My work is a huge multinational with offices in New York and they have said they may be willing to do an L1 visa and transfer me to that office at the beginning of next year. We don't want to wait around a year knowing how long this process takes and it just being a conditional offer at this point.

I know that the L1 is a dual intent so is not impacted by or impact either visa.

But I'm not sure on a few things if I was indeed able to get the L1 from my company:

1) if the L1 came before the K1 visa would I go on this and do AOS and my K1 visa be scrapped?

2) if my K1 visa came before the L1 can I still do the L1 visa so that I'm able to work rather than wait for a work permit?

3) what would happen if my L1 came before my CR1 would I be able to come to the US on this or have to wait for the CR1?

Any guidance is appreciated in general and in regards to my questions.

Thank you so much!

[Crazy Cat 42,032]

Between a K-1 and a CR-1, I strongly suggest you consider marrying, and starting the CR-1 process.

 

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.
   

 

Edited March 16, 2022 by Crazy Cat

[Manifest2022 2]

Thanks @Crazy CatI did see this response in many threads : ) and have noted the differences between both to weigh up pros and cons

Edited March 16, 2022 by Manifest2022

[Boiler 45,897]

You would not need a K1 if your L1 had come through.

 

I suppose you could go over on a K1, and then abandon that and come back and get the L1.

 

You could come over on the L1 and then go back and do the CR1. 

[madhatter204 36]

 

53 minutes ago, Manifest2022 said:

With the K1 visa our concern is my ability to not work or leave the country and how long that would take. But with the CR1 our concern is just the timeframe itself having to apply for him to get a marriage visa for the UK, register intent to marry, actually get married even if registery office along with work commitments etc (3 months plus to do this) and the file for the CR1 (1 year plus) just seems longer than K1 in terms of being together.

We are leaning more towards the K1 because if feels more natural ( I haven't met his parents) and I can do this before getting married and they can attend the wedding in the US.But again work and leaving the country is an issue. I know I can apply for advance parole to leave the country but that can also take 8 months plus.

I can't really speak to the L1 visa but would it not be simpler for you to travel to the US on ESTA, get married, return home, and then your spouse files the i-130? From reading your post it seems the downsides of the K1 are more limiting than your hesitancy towards CR1. 

Personally we did what felt more pragmatic and realistic over what felt more natural, or even over our desire to be physically together as soon as possible. The CR1 is ultimately far less limbo and I can travel back and forth & work while waiting it out. We did a v small courthouse ceremony in the US - basically an elopement - so we could file ASAP and we'll do a bigger wedding when pandemic travel restrictions for family members are over. Thankfully our families were very supportive and understood why we did it this way. Could this be a possibility for you?

We have friends who did the K1 and it took over a year for the petition to be approved. The fiancee is ultimately moving sooner than me, but she's going to essentially be stuck and jobless for a while, and kind of regrets doing it that way.

[Manifest2022 2]

@madhatter204thank you for your input! 

 

I know that you are not able to go on an ESTA, get married and the file for Adjustment of status as that's seen as fraud but I didn't know you could do that- go on and ESTA, get married and then come back and file for i-130 without border control getting all suspicious or difficult?

 

Only issue is right now is I'm not fully vaccinated so boarders are shut to me right now. Am hoping that changes or being fully vaccinated by the time the visa comes through.

 

Can I kindly ask, I assume you are doing the CR1 how long it's been since you filed the form/application? How long do you anticipate till you get the visa?

 

This is the dilemma, ideally we want to be together as soon as possible. Due to my age I want to start a family as soon as possible and we've been apart for so long now. From what I've been reading the timlines for both seem similar but then I see other information and feedback that the K1 is still the shortest because of the less processing time at NVC. 

 

In terms of a job, we can survive without me working for a few months, it's more of the leaving the country and not being able to travel to the UK incase anything happens to my family.

 

I was also hoping the L1 somehow would allow me to work if I did the K1 and bypass the work permit.

 

This whole thing is just so overwhelming trying to understand which one is quicker, which is better etc 

 

 

[Crazy Cat 42,032]

11 minutes ago, Manifest2022 said:

but I didn't know you could do that- go on and ESTA, get married and then come back and file for i-130 without border control getting all suspicious or difficult?

Ever heard of a Las Vegas destination wedding?  People marry in the US, then leave every day....nothing illegal or wrong in doing so.  It is, however, illegal to enter the US as a visitor with the intent to stay and adjust status. 

Edited March 16, 2022 by Crazy Cat

[Boiler 45,897]

The quickest route would be getting the L1 moved forward.

Edited March 16, 2022 by Boiler

[Manifest2022 2]

@Boileryes that would be the ideal situation, but as mentiond this is not confirmed from my company its a maybe and they would only look to do it next year and we don't want to waste a year on just a maybe... if that makes sense 

 

@Crazy Cat yes this is a good point! Howeve not an option right now as im not fully vaccinated so cannot enter. It would be better for him to travel to UK on marriage visa and we get married in the UK

[Boiler 45,897]

It would be much quicker to finish your vaccinations and travel on ESTA than to get a UK marriage visa.

[Crazy Cat 42,032]

1 minute ago, Manifest2022 said:

 

@Crazy Cat yes this is a good point! Howeve not an option right now as im not fully vaccinated so cannot enter. It would be better for him to travel to UK on marriage visa and we get married in the UK

or anywhere both can visit. 

Or you could marry via a Utah Zoom Marriage, meet to consummate the marriage, then start the CR-1 process......just another idea to consider.

[Manifest2022 2]

@Boiler and @Crazy Cat thank you both! 

 

@Crazy Cat this is interesting, ive not heard of this- where can i get more information about it? Hes actually due to come over in May so I'm wondering if we can do it that quick! Also how long do you think it takes for CR1 now?

[Crazy Cat 42,032]

6 minutes ago, Manifest2022 said:

@Boiler and @Crazy Cat thank you both! 

 

@Crazy Cat this is interesting, ive not heard of this- where can i get more information about it? Hes actually due to come over in May so I'm wondering if we can do it that quick! Also how long do you think it takes for CR1 now?

There are some threads about it here.  Several members have done this successfully. 

[madhatter204 36]

54 minutes ago, Manifest2022 said:

I know that you are not able to go on an ESTA, get married and the file for Adjustment of status as that's seen as fraud but I didn't know you could do that- go on and ESTA, get married and then come back and file for i-130 without border control getting all suspicious or difficult?

 

Only issue is right now is I'm not fully vaccinated so boarders are shut to me right now. Am hoping that changes or being fully vaccinated by the time the visa comes through.

 

Can I kindly ask, I assume you are doing the CR1 how long it's been since you filed the form/application? How long do you anticipate till you get the visa?

 

This is the dilemma, ideally we want to be together as soon as possible. Due to my age I want to start a family as soon as possible and we've been apart for so long now. From what I've been reading the timlines for both seem similar but then I see other information and feedback that the K1 is still the shortest because of the less processing time at NVC. 

 

In terms of a job, we can survive without me working for a few months, it's more of the leaving the country and not being able to travel to the UK incase anything happens to my family.

As others have said, you can absolutely go on ESTA, get married, go home, and file. I did it in August with zero issues, I think if you click my profile I posted about it. You'd obviously need to be vaccinated though as you've said. You do need to be vaccinated as a prerequisite for the visa - for the CR1 at least. 

 

We filed in September (PD 24 Sep 2021) and we're still waiting for the petition to be approved. I will hopefully be moving at the end of the year, but we're both OK with the wait (I say that but I'm on VJ every day lol) and I'm trying to make the most of my last year in London & Europe. 

I do understand the desire to be together and start a family, it's tough. Maybe best to request an earlier L1 from work if you can? Honestly the K1 seems to be taking exactly a year for the petition to be approved which is longer than the CR1 at the same stage, and there are just so many downsides. I'd narrow the dilemma down to CR1 vs L1, and go for a CR1 if you can't get the L1 moved up to this year. 

Edited March 16, 2022 by madhatter204

[Scott-Ilyn 82]

I believe this is the site with that information

 

https://www.utahcounty.gov/Dept/clerkaud/PassMarr/OnlineMarriage.asp