K1 Vs CR1 Marriage Visa for EU citizen

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Hi everyone,

 

My fiancee and I are about to send our I-129F application, and after reading many threads here about how long and stressful the process has been like, I have been wondering as many if getting married eg in Denmark and going for a marriage-based application is an easier option. We have been together for 3.5 years and got engaged in July. He also used to live in Germany (where we met), so we are overall good on the criteria.

 

I did notice many members mentioning CR1 as an alternative, and was wondering what the difference between CR1 and  K3. I thought marriage based visas took longer, but  I-130 seems to have lower processing times compared to I-129Fs at this point.

 

I am a dual Greek & UK citizen living in Germany and my fiance is a US citizen. I am currently visiting in the US under ESTA and leaving in a couple of days. For what its worth, my career is important to me and my employer would immediately transfer me to a US contract. (my L1A got rejected unfortunately, for those who may suggest it). My partner will be in Europe for 3 weeks in December, so we want to make the right plans and moves for us.

 

The reason why I am asking is because I keep seeing this as a better suggestion for EU citizens. German consulates have really low appointment wait times. Even after crazy amounts of research, I only came across CR1 in these forums. Getting a bit paranoid now, so any insights are always helpful.

 

Thank you so much!

 

Cheers,

Natalie

[powerpuff 6,707]

It’s not about what is easier (nothing about US immigration is easy), it is about what is best for you.

 

They have virtually same processing times from start to finish so why not go with the one that offers more benefits in your situation (which is CR1)?

 

21 minutes ago, Natalie K. said:

For what its worth, my career is important to me and my employer would immediately transfer me to a US contract.

This statement alone tells me that CR1 would be best for you as you’ll be able to work right away after arriving in the US. Under K1, are you ready to be out of employment (and not being able to travel or potentially get a drivers license) for 8.5 to 12 months? I came as a k1 and my EAD application was finally looked at after 11 months of waiting.

Edited October 4, 2022 by powerpuff

[Dashinka 24,512]

Heck, why not go to the Justice of the Peace before you head back to Germany?

[Mike E 11,739]

15 hours ago, Natalie K. said:

was wondering what the difference between CR1 and  K3

CR-1: married alien enters the USA on an immigrant visa and instantly becomes an LPR 

 

K-3: married alien enters the USA on a non-immigrant visa and has the right to adjust status to an LPR on the basis of being married to the original petitioner. K-3s are rarely issued: fewer than 10 a year.  I believe only one so far in 2022 (July)

 

K-1: unmarried alien enters the USA on a non-immigrant visa and marries petitioner within 90 days. After that the alien has the right to adjust status to an LPR on the basis of having (as opposed to being) married to original petitioner. 

[Chancy 6,241]

*** Moved from K1 Process & Procedures to What Visa Do I Need -- OP is considering visa options ***

 

On 10/4/2022 at 3:31 PM, Natalie K. said:

my career is important to me and my employer would immediately transfer me to a US contract.

 

I agree with @powerpuff -- K1 is the wrong visa for you, based on your statement above.  If you enter the US on a K1 visa, you may need to quit your job or take a long leave of absence.  As a K1 visa holder, there will be some time after your arrival when you are not authorized to work, even if your company is willing to transfer you to their US office.  On the other hand, if you enter with a CR1 visa, you are legally allowed to work from the day you arrive in the US.

 

If you are ready to get married now, I suggest finding a way to do so before you leave.  The wedding reception for family and friends can come later.

 

[DaveAndAnastasia 2,092]

/delete

Edited October 5, 2022 by DaveAndAnastasia