Help me to persuade my boyfriend to switch to CR! pls

[JeanneAdil 6,491]

Just now, MRJ9987 said:

We decided to go the K1 route because that's what my cousin did some five years ago and based on outdated information.  What is your source that some embassies are giving priorities to spousal visa petitions and do you know if Canadian consulate is one for them?  

just what we see Here in posts and USICS announcements that came out with the covid issues 

 

I only know Morocco had 1 K1 interview and approval and 4 spouse interviews and approvals (recently posted on our portal)

but ,  understand ,  not all petitioners are VJ members and many here do not do timelines so i go by posts and comments 

 

Read posts on Canada portal for best info 

read the Montreal embassy reviews 

[MRJ9987 31]

1 hour ago, Mike E said:

Lost in this discussion is that more often than not, obtaining a CR-1 results in the beneficiary being married for less than 2 years at time the beneficiary enters the USA on the immigration visa.  This means the beneficiary has to file a removal of conditions form (I-751) and wait out that process.  At least one person on this thread has been waiting three years.  
 

Today a couple might prioritize the amount of time it takes to be together. Several years from now the couple might be think that was the wrong priority. 
 

Here is the work around. 
 

Definitely go the CR-1 route. Indeed get married immediately (can be done online to save time versus waiting for a meeting).  
 

Then after the couple meets again, file I-130.  Then assuming I-130 is approved less than 18 months after being married (huge assumption actually) the beneficiary waits until the 1.5 year wedding anniversary to upload documents to NVC and if the visa is delivered before the 2 year wedding anniversary, the beneficiary waits until the 2 year anniversary to enter the USA.  
 

As the visa will be good for 6 months from the medical examination, the benefits cry will be able to use the visa on or after the two year marriage anniversary without expiring.  

 

USCIS legally must issue a 10 year green card in this case.  

Thanks for your explanation.  Very helpful!  

 

So, am I getting this correctly - even if we were to switch to CR-1 and take that route, I would not be in the US before two year mark?  

[MRJ9987 31]

1 minute ago, JeanneAdil said:

just what we see Here in posts and USICS announcements that came out with the covid issues 

 

I only know Morocco had 1 K1 interview and approval and 4 spouse interviews and approvals (recently posted on our portal)

but ,  understand ,  not all petitioners are VJ members and many here do not do timelines so i go by posts and comments 

 

Read posts on Canada portal for best info 

read the Montreal embassy reviews 

Oh wow!  That's a big difference!

 

Okay, I will continue to read posts on Canadian portal for more info.  

 

Thanks 🙂 

[Redro 4,611]

22 minutes ago, MRJ9987 said:

I did and he knows and understands all that.  He will support my decision to go with CR-1 but he is of personal opinion that he wants to chose the option that is the fastest. 

Neither is "fastest"... look at the timelines I posted. K1 and CR1 are taking the same amount of time right now. 

Last 10 K1s 422-554 days

Last 10 CR1/IR1s 241-645 days

 

They could be faster or slower based on the Noa1-Noa2 for I-130s and the ability for K1s to secure an interview after Noa2

Edited April 3, 2022 by Kor2USA

[Mike E 11,739]

43 minutes ago, MRJ9987 said:

Thanks for your explanation.  Very helpful!  

 

So, am I getting this correctly - even if we were to switch to CR-1 and take that route, I would not be in the US before two year mark?  

I would change one word your last sentence: change would to should 

 

Future self will thank past self for this decision.  

[powerpuff 6,697]

~Topic moved from K1 forum to What Visa Do I Need where similar topics are discussed ~
 

With current processing times for K1, it’s not worth it at all. There was a time where it took 6 months from start to finish, then I’d consider that a strong advantage. Even if it took 12 months overall I’d consider that good. But that’s not a reality anymore. Everyone wants “fastest” (which doesn’t exist anymore) but they don’t think about the consequences of choosing a K1….
 

Is your boyfriend okay with staying home for 9-12 months? That’s how long it’s taking to get an employment authorization. Not to mention he might not be able to drive. And GC time might take a while (up to 2 years depending on your LFO). This will affect when he’ll be able to file for citizenship. 

Edited April 3, 2022 by powerpuff

[Bh_sarah 942]

I'm in no way wanting to give you any advice here – I'm also new in this whole process, only filed a month ago. But I always see people favouring spouse visa over K1 visa here, which is absolutely understandable given that there's additional costs and waiting time and limitations when you go through the K1 route (long AOS, not working, not driving, not travelling, etc). I saw so many of those posts that I almost regretted choosing the K1. 

 

I think that for most people, spouse visa is the way to go (hence all the recommendations here), but for some, K1 can be faster and even more appropriate. I understand my situation is unique, but for us, K1 was always the way to go. Getting married would delay our process in months – I can't get into US, he can't get into my country or the country I have a work visa for (Covid restrictions) and we put a lot of weight into the marrying bit. An online wedding was never the option. We thought about getting married in the only country both of us could enter but it would involve a lot of documentation, translation, planning, etc, and we didn't want to get married just both of us in a city hall. So it would be an actual destination wedding, complicated for both of our families. Again, this is very personal and some people wouldn't mind just marrying on paper for the purpose of going through the spouse visa route.

I am the beneficiary and I have no problem in not working for months or not travelling abroad or not driving (I'm afraid of driving). His family lives near and can drive me also when he can't drive me around. But I also thrive in being home being a super introvert (pandemic times was a delight for me haha) and thrive in being alone most of the time and being creative without working for it, baking, or just doing exercise at home. And we're already "building" the house together, and deciding stuff so I know what to expect when I move there too. I also lived abroad in English-speaking countries before, last time being almost 3 years in Canada, so I am used to the culture and adapt very well. So we went through the K1 one route so we can have a proper wedding there and start our married life without being apart (we stayed apart for a long time already due to Covid and not being able to meet in a third country). Needless to say, I also have been saving money for a long time now and I will work until I can so we can also rely on my savings.

Just saying that every case is different and I understand why people would want to give up on the K1, especially when it was filled just a while ago. I guess you and your fiancé should discuss your options. If you decide to get married, can you do that easily and quickly? Are you okay with being married and still being apart for some time? Are you ok with being at home with no work for months or not? Will you be ok with living with only his income or do you have savings to help? Does the petitioner's family live around or do you have anyone you know there, so you won't be alone? Are you ok with being alone if that's not the case?

I think you should discuss the possibilities and limitations of both routes, since you told here that your decision was made based on outdated info. Sometimes it's not just about processing times or a GC right away. 

And if I said anything wrong here, the senior VJ members should correct me, please! haha

 

 

[Rlewis 73]

I'm Canadian. We went with the K1 route.
The processing time took the same time as someone doing CR-1.

I wish I would have chosen CR-1 instead.

My vote goes to CR-1. K-1 hasn't been processing any faster than CR-1 does and then even AFTER you do get approved, you deal with more waiting in the US side for the EAD/AP or GC. There is FAR more waiting involved in a K-1 than there is in a CR-1 and anyone considering K-1 needs to understand that. I DID K-1. 

 

I am now thankfully, a GC holder.

 

Ultimately the end choice is yours, but even if CR-1 "takes longer" you are still perfectly able to visit while waiting. I just would not recommend the extended amount of waiting you have to do AFTER you obtained the K1 and moved. It's exhausting mentally/emotionally. 

 

Go CR-1!

[MRJ9987 31]

1 hour ago, Mike E said:

I would change one word your last sentence: change would to should 

 

Future self will thank past self for this decision.  

Thanks for the clarification!

[MRJ9987 31]

1 hour ago, Bh_sarah said:

Just saying that every case is different and I understand why people would want to give up on the K1, especially when it was filled just a while ago. I guess you and your fiancé should discuss your options. If you decide to get married, can you do that easily and quickly? Are you okay with being married and still being apart for some time? Are you ok with being at home with no work for months or not? Will you be ok with living with only his income or do you have savings to help? Does the petitioner's family live around or do you have anyone you know there, so you won't be alone? Are you ok with being alone if that's not the case?

Thanks for sharing your experience! I see how K-1 is a more appropriate option for the two of us.  

 

We have discussed options.  I am okay with not working while waiting for papers and he doesn't mind supporting us (we want to start trying for kids, so it would work out perfect if I was at home).  The only thing that would suck was if I couldn't drive but it seems like New York would allow me to keep my licence while waiting for papers.  

[SalishSea 17,818]

12 hours ago, MRJ9987 said:

He wants the option that is the fastest

In 2022, this is not a smart priority when looking to immigrate.  Neither option is "fast."

 

And the argument about the cost is similarly poor.  On a K-1, you would be unable to work (even remotely) for up to a year.  Obviously a year of income is much more than petition fees.

 

I-129F petitions are taking 10-12 months for approval, according to USCIS.gov.  I130 for CR-1 petition processing times are similar.

 

Years ago (and before COVID), the K-1 was faster.  Not anymore.

[SalishSea 17,818]

4 hours ago, MRJ9987 said:

What is your source that some embassies are giving priorities to spousal visa petitions and do you know if Canadian consulate is one for them?  

All you have to do is read about all of the failed WOM K-1 class action lawsuits here on VJ.   And, the logic makes sense if you think about it:  "spouse" is a legal relative.  "Fiance" is not a relative, nor a legal term.  Obviously during times of COVID-related closures and low staffing rates, priority was given to visas for relatives.

 

Make sense?

[SalishSea 17,818]

1 hour ago, MRJ9987 said:

 The only thing that would suck was if I couldn't drive but it seems like New York would allow me to keep my licence while waiting for papers.  

I would really question this.  I know of no state that allows someone to drive on a foreign license for up to one year, which is the likely duration to get "papers."

[SalishSea 17,818]

4 hours ago, MRJ9987 said:

Thanks for your explanation.  Very helpful!  

 

So, am I getting this correctly - even if we were to switch to CR-1 and take that route, I would not be in the US before two year mark?  

Correct.  Pre-COVID, Montreal was one of the most backed-up consulates.  They are still weeding through March 2020 applications.

 

As you have been told multiple times, neither option is "fast."   

[Daphne . 1,852]

2 hours ago, MRJ9987 said:

 The only thing that would suck was if I couldn't drive but it seems like New York would allow me to keep my licence while waiting for papers.  

You also would not be able to travel back to Canada for a good few months (assuming that the same AOS rules apply to Canadians?), so if there is an emergency ‘back home’ you would be stuck in the US..

Edited April 3, 2022 by Daphne K