would CR-1 Visa application be beneficial if i..

[bobobobobo 31]

If i were to look into getting into work in the US without waiting for the ~8 months of waiting time (no work!) after successfully doing K1, would CR-1 Visa help at all to fasten things up? I read that processing may take 7-9 months, but would it be smarter to just wait to receive a green card when I am done with k1 or would it be smarter to apply for CR-1 so I can work faster? 

 

(or am I just misunderstanding CR-1 in general??)

[SalishSea 17,829]

3 minutes ago, bobobobobo said:

If i were to look into getting into work in the US without waiting for the ~8 months of waiting time (no work!) after successfully doing K1, would CR-1 Visa help at all to fasten things up? I read that processing may take 7-9 months, but would it be smarter to just wait to receive a green card when I am done with k1 or would it be smarter to apply for CR-1 so I can work faster? 

 

(or am I just misunderstanding CR-1 in general??)

Are you asking if you can abandon a pending K-1 process, marry and then be petitioned for a spousal visa instead?   If so, yes.

[bobobobobo 31]

1 minute ago, Jorgedig said:

Are you asking if you can abandon a pending K-1 process, marry and then be petitioned for a spousal visa instead?   If so, yes.

no no, I was asking if I was in the waiting period for K1 (to get a working permit/green card, and already in the States), if I could apply for CR-1 to get the green card faster. But it seems I am misunderstanding some things. 

[SalishSea 17,829]

9 minutes ago, bobobobobo said:

no no, I was asking if I was in the waiting period for K1 (to get a working permit/green card, and already in the States), if I could apply for CR-1 to get the green card faster. But it seems I am misunderstanding some things. 

Yes, you seem to be greatly misunderstanding the process.

 

You have to adjust status (get a green card) after arriving and marrying on a K-1.   That in itself is taking 1-2 years.     Because it takes so long, after properly filing for the adjustment, you can file for work authorization, which is taking 8 months.

 

If working upon entry was important to you, CR-1 visa would have been the way to go, as there is no adjustment of status and the green card is immediate.

Edited May 25, 2022 by Jorgedig

[bobobobobo 31]

2 minutes ago, Jorgedig said:

Yes, you seem to be greatly misunderstanding the process.

 

You have to adjust status (get a green card) after arriving and marrying on a K-1.   That in itself is taking 1-2 years.     Because it takes so long, after properly filing for the adjustment, you can file for work authorization, which is taking 8 months.

 

If working upon entry was important to you, CR-1 visa would have been the day to go, as there is no adjustment of status and the green card is immediate.

Then I need to take a closer look towards EAD then  Much appreciated for the pointers.

[Timona 4,207]

16 minutes ago, bobobobobo said:

Then I need to take a closer look towards EAD then  Much appreciated for the pointers.

 

You're misunderstanding EAD too.

 

If you come on K-1, you marry and file your papers. Depending on when you file, add 8 months to get EAD.

 

If you come on CR-1, as soon as you get past point of entry, you can immediately start working as the stamp in your PP serves as a GC while you wait for the physical GC, which should be with you withing 1 month.

 

So, NO, you cannot just choose to apply for EAD without any underlying petition 

[Redro 4,611]

1 hour ago, bobobobobo said:

Then I need to take a closer look towards EAD then  Much appreciated for the pointers.

EAD is speeding up in some states. 

And GCs are speeding up... some filers from Jan/Feb 2022 have already received interview dates for their green cards. 

If you decide to abandon the K1 you are starting all over again.

Your partner will have to interview at their consulate and the I-130====> visa takes on average 1.5 to 2 years. But, the beneficiary arrives in the US with the right to work and the right to leave the country. 

If your partner is currently unable to visit the US (no B2/ no ESTA) this means another 1+ year of LDR. 

[SalishSea 17,829]

1 hour ago, ROK2USA said:

EAD is speeding up in some states. 

And GCs are speeding up... some filers from Jan/Feb 2022 have already received interview dates for their green cards. 

If you decide to abandon the K1 you are starting all over again.

Your partner will have to interview at their consulate and the I-130====> visa takes on average 1.5 to 2 years. But, the beneficiary arrives in the US with the right to work and the right to leave the country. 

If your partner is currently unable to visit the US (no B2/ no ESTA) this means another 1+ year of LDR. 

EAD processing Is not done by the LFOs,  so the processing times do not vary by state the way GC processing does.

[Boiler 45,519]

I have seen some quick EADs now whether this is the new norm I do not know

[Redro 4,611]

1 minute ago, Jorgedig said:

EAD processing Is not done by the LFOs,  so the processing times do not vary by state the way GC processing does.

Poster from UK forum entered in Jan this year. 

Sent in I-485 in February.

Received EAD MARCH

 

This Feb filer received their EAD already (with expedite)

 

I spend too much time in all the forums... 

 

[SalishSea 17,829]

4 hours ago, ROK2USA said:

Poster from UK forum entered in Jan this year. 

Sent in I-485 in February.

Received EAD MARCH

 

This Feb filer received their EAD already (with expedite)

 

I spend too much time in all the forums... 

 

I don’t doubt those isolated cases.   I was just pointing out that LFO does not impact EAD the way that it does GC.

[pushbrk 12,884]

Note that CR1 is both a visa category and an immigrant classification.  The OP has filed for CR1 status by adjusting status.  If they also applied for EAD at the same time, then the EAD is most likely to be issued before the (CR1 classified) "green card".

[SteveInBostonI130 3,454]

I believe the OP is going through the K-1 process, and was wondering if applying for a CR1 (I-130) after arriving in the US and marrying under the K1 will allow him to get a green card faster.

 

@bobobobobo, is this correct?

 

Assuming it is, then the answer is no.  Filing for CR1 when adjusting status does not, by itself, result in a greencard.  It is a way for those who did not enter on a K1 to marry and adjust status with form I-485.  The green card is received after the I-485 is approved.

 

When you marry and submit the I-485 to adjust status, you can also apply for EAD and AP free of charge (I-765 and I-131).  EAD and AP have quicker processing times than the AOS - about 8 months.   Normally the EAD and AP are approved at the same time and you are given a combo EAD/AP card.  But recently there have been posts that the EAD is processed separately and faster, with people getting the EAD in a few months.  The AP still takes about 8 months.

[pushbrk 12,884]

11 hours ago, SteveInBostonI130 said:

I believe the OP is going through the K-1 process, and was wondering if applying for a CR1 (I-130) after arriving in the US and marrying under the K1 will allow him to get a green card faster.

 

@bobobobobo, is this correct?

 

Assuming it is, then the answer is no.  Filing for CR1 when adjusting status does not, by itself, result in a greencard.  It is a way for those who did not enter on a K1 to marry and adjust status with form I-485.  The green card is received after the I-485 is approved.

 

When you marry and submit the I-485 to adjust status, you can also apply for EAD and AP free of charge (I-765 and I-131).  EAD and AP have quicker processing times than the AOS - about 8 months.   Normally the EAD and AP are approved at the same time and you are given a combo EAD/AP card.  But recently there have been posts that the EAD is processed separately and faster, with people getting the EAD in a few months.  The AP still takes about 8 months.

Goblediegook.  "Filing for CR1" is not an actual thing.  You file a petition for spouse in the hopes of receiving a CR1 visa, or more appropriately, IN THIS CASE, you file to adjust status to the CR1 STATUS.  The OP already did that. If they already (standard practice) applied for EAD and Advance Parole, then there is nothing at all they can do to speed up anything.

 

CR1 is an immigration status AND AND AND a visa category.

[Redro 4,611]

6 minutes ago, pushbrk said:

Goblediegook.  "Filing for CR1" is not an actual thing.  You file a petition for spouse in the hopes of receiving a CR1 visa, or more appropriately, IN THIS CASE, you file to adjust status to the CR1 STATUS.  The OP already did that. If they already (standard practice) applied for EAD and Advance Parole, then there is nothing at all they can do to speed up anything.

 

CR1 is an immigration status AND AND AND a visa category.

I thought when you adjust you're going for the CR6? 

CR1 is consular.... CR6 is adjustment.