CR1 visa vs K1: overall wait for green card

[nakm 2]

I’ve seen people say they have waited over 2 years (sometimes 3) for a green card on a K1 visa. Therefore I’m contemplating going the CR1 visa route … our first priority isn’t the wait to enter the US,  but rather the overall wait for the green card (in order to travel internationally, we don’t wanna be stuck in the US for 2+ years.. even w “advance parole” travel is usually limited to a few weeks to escape any potential hassles). Anyone have a strong opinion about this? (Also I’ve heard the potential for rejection for the K1 is higher than the CR1. True?)

[Crazy Cat 42,320]

A CR-1 is currently the faster route to a Green Card.  It is also the faster route to ability to travel, ability to work, and ability to apply for citizenship.  

(To be clear, travel with AP is not limited to a few weeks, and the rejection rate is not a factor, imo)

Edited May 1, 2022 by Crazy Cat

[Crazy Cat 42,320]

Based on data from VJ members, this is the current average time from filing for Adjustment of Status to the interview.  Keep in mind that the time from filing for Adjustment of Status to obtaining a Green Card is highly dependent on local offices.  Also remember that VJ is just a sample of the total number of applicants across the US.

 

Edited May 1, 2022 by Crazy Cat

[nakm 2]

37 minutes ago, Crazy Cat said:

A CR-1 is currently the faster route to a Green Card.  It is also the faster route to ability to travel, ability to work, and ability to apply for citizenship.  

(To be clear, travel with AP is not limited to a few weeks, and the rejection rate is not a factor, imo)

Thanks so much for your info! This is a HUGE help to me… but Just to be clear: you think the rejection rate for the K1 visa interview is not any worse than the CR1 rejection rate?

(I’m asking because overall I think I should change from K1 to CR1 … we only filed K1 a month ago so wouldn’t really be wasting that much time.)

[Crazy Cat 42,320]

4 minutes ago, nakm said:

Thanks so much for your info! This is a HUGE help to me… but Just to be clear: you think the rejection rate for the K1 visa interview is not any worse than the CR1 rejection rate?

(I’m asking because overall I think I should change from K1 to CR1 … we only filed K1 a month ago so wouldn’t really be wasting that much time.)

I know of no significant rejection or denial rate difference.  Other members might have more information regarding that.  

Note: Be aware that USCIS will not recognize a marriage until both parties have been in the presence of each other either during or after the marriage ceremony.  This is important if you plan an online Utah marriage, for example.  

[Mike E 11,742]

1 hour ago, nakm said:

Therefore I’m contemplating going the CR1 visa route … our first priority isn’t the wait to enter the US,  but rather the overall wait for the green card

I think your first priority should the over all wait for a 10 year green card.  People who become LPRs through marriage of under 2 years to a petitioner get conditional green cards and conditional LPR status. People married for 2 or more years get 10 year green cards.  
 

So get married now using the Utah remote  presence marriage ceremony, and then file I-130/I-130A the next time you meet. Then time NVC upload / DS-260 so that they are 18 months after you got married and then don’t enter the USA until the 2 year wedding anniversary 

[Crazy Cat 42,320]

1 minute ago, Mike E said:

then don’t enter the USA until the 2 year wedding anniversary 

Agree 100%.  This is extremely valuable advice.......

[carmel34 3,655]

1 hour ago, nakm said:

Also I’ve heard the potential for rejection for the K1 is higher than the CR1

I have not seen good data to definitively answer this question.  Likelihood of denial for a K-1 depends on the circumstances of the relationship, country of origin, etc.  For a high-fraud country, or if there are other red flags in the relationship, it can be a more likely path to success if you get married and file an I-130 for a CR-1/IR-1, especially if you include evidence of multiple visits, lots of time spent together, and some financial co-mingling documents.  We often see cases where the couple satisfied the minimum requirement to meet at least once in the two years prior to filing the I-129F for a fiancé visa, but the K-1 is denied and then they have to start all over by getting married and filing for a spousal visa.  An additional advantage of a spousal visa over a fiancé visa is that a denial can be appealed.  Denied K-1s are sent back to USCIS and are left to expire with no way to appeal.  Good luck whichever way you decide to go!

Edited May 1, 2022 by carmel34

[nakm 2]

18 minutes ago, Mike E said:

I think your first priority should the over all wait for a 10 year green card.  People who become LPRs through marriage of under 2 years to a petitioner get conditional green cards and conditional LPR status. People married for 2 or more years get 10 year green cards.  
 

So get married now using the Utah remote  presence marriage ceremony, and then file I-130/I-130A the next time you meet. Then time NVC upload / DS-260 so that they are 18 months after you got married and then don’t enter the USA until the 2 year wedding anniversary 

I’m living in Thailand with my fiancé. I own 3 houses (that I rent out for income) in the USA. We can get married here in Thailand and file the I-130 right away. But then do I have to go live in the USA apart from my fiancé for an extended amount of time?.. (I currently get mail sent to my parents’ house . Is this enough to prove “domicile”?)

[nakm 2]

3 minutes ago, carmel34 said:

I have not seen good data to definitively answer this question.  Likelihood of denial for a K-1 depends on the circumstances of the relationship, country of origin, etc.  For a high-fraud country, or if there are other red flags in the relationship, it can be a more likely path to success if you get married and file an I-130 for a CR-1/IR-1.  We often see cases where the couple satisfied the minimum requirement to meet at least once in the two years prior to filing the I-129F for a fiancé visa, but the K-1 is denied and then they have to start all over by getting married and filing for a spousal visa.  An additional advantage of a spousal visa over fiancé is that a denial can be appealed.  Good luck whichever way you decide to go!

Yes this is what I was afraid of. Thanks for your advice. I’ll probably change to CR1

[Crazy Cat 42,320]

3 minutes ago, nakm said:

But then do I have to go live in the USA apart from my fiancé for an extended amount of time?.

Only if you choose to do so.  You will just have to show intent to move back to the US later in the process.  

[Mike E 11,742]

5 minutes ago, nakm said:

I’m living in Thailand with my fiancé. I own 3 houses (that I rent out for income) in the USA. We can get married here in Thailand and file the I-130 right away. But then do I have to go live in the USA apart from my fiancé for an extended amount of time?.. (I currently get mail sent to my parents’ house . Is this enough to prove “domicile”?)

Assuming your fiancé is Thai it is cumbersome to get married ib Thailand under a Thai law. Utah law is among the easiest in the world to get married under. And Utah marriage licenses are all digital now.  Someday anyone who gets married anyway but the Utah way will be as curious as anyone who had a land line, or had cable TV.  
 

One shouldn’t have to leave one’s home to get married.  

[nakm 2]

1 hour ago, Mike E said:

Assuming your fiancé is Thai it is cumbersome to get married ib Thailand under a Thai law. Utah law is among the easiest in the world to get married under. And Utah marriage licenses are all digital now.  Someday anyone who gets married anyway but the Utah way will be as curious as anyone who had a land line, or had cable TV.  
 

One shouldn’t have to leave one’s home to get married.  

I wouldn’t be leaving my home. I live here in Thailand currently. And I’m not sure where you heard about Thai marriage being cumbersome. US citizens get married here all the time - it’s quite easy actually. … (i speak and read and write Thai fluently btw).

thanks for your input. I was worried about having to leave my fiancé if we filed the I-130.  But as someone else posted, that’s not necessary. The CR1 def sounds better than the K1 in my opinion. 

 

 

[Mike E 11,742]

32 minutes ago, nakm said:

I wouldn’t be leaving my home.

So you can stay in your house, apartment, condo, whatever and get married?

 

32 minutes ago, nakm said:

I live here in Thailand currently. And I’m not sure where you heard about Thai marriage being cumbersome.

https://th.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/getting-married-in-thailand/

 

“

2. Most Amphurs require you obtain a notarized marriage/divorce affidavit from the U.S. Embassy Bangkok, or Consulate General Chiang Mai.

Note: An affidavit is a self-sworn statement, NOT a guarantee or certification of single status. Ensure you are prepared to provide proof of divorce, death, etc., to an Amphur should they require it.

IMPORTANT: Some Amphurs require a certified copy of your U.S. Passport. Check with your Amphur before coming to the Embassy as there is an additional service fee for a certified copy of a passport.”

Cumbersome.  I’m out.  

 

32 minutes ago, nakm said:

[Loren Y 2,756]

I currently have a Thai wife, and spend most time between Thailand and the US. Getting married in Thailand isn't very difficult, used to be able to be done in 1 day, but now it takes 2 if you really rush it. We got married here in the US, and then registered the marriage in Thailand, but I researched the process extensively. Not sure where you live, but the hardest part is getting the sworn statement from the US embassy that you are free to marry. You have to make an appointment at whatever embassy you are closest too to get this done. Costs about 50 bucks, and then you can get married at any amphur in Thailand. It may be a little more difficult than here in Vegas where I can marry you with certificate in hand in under an hour, but it isn't the worst country to get married in.