Advice on K-1 vs CR-1

[Kayl&Natch 7]

Okay, I know this topic has been covered and I have been scouring here and reddit and USCIS trying to figure out the best approach and I have some questions. 

 

My fiancé and I filed the I-129f and received a receipt that they have it as of 10/13/22. However, I have noticed a drastic shift upwards in processing times on the USCIS website in the last 3 months to 14 months for the I-129f. Not to mention Las Vegas is showing a 20 month processing time for the I-485 AOS. On the other hand the I-130 for spouse is showing ~11 months and she'd be able to work right away. Not to mention she has a teenager and we want him to be able to visit his father, so her being able to go with him would be a huge benefit. Our biggest concern is that we seem to be getting mixed information and are afraid that if we scrap the I-129f that it'll be like changing lanes in traffic. What we are considering is me going back out to Brazil at the end of November and getting married via zoom with the state of Utah and filing for the I-130 instead, withdrawing the other. While a bummer to essentially throw $500 in the garbage, if it means we get to be together sooner and that she can work and travel immediately, it seems like it could be worth it.

 

Questions:

1. Just to be 100% clear, the Utah zoom marriage counts as a lawful marriage in the eyes of immigration, correct?

2. Based on the information, is the CR-1 the better option for us potentially? pros and cons are great and appreciated!

3. Are the processing times on USCIS generally a good barometer of process times?

 

Thanks for your help! 

[Crazy Cat 41,844]

10 minutes ago, Kayl&Natch said:

Okay, I know this topic has been covered and I have been scouring here and reddit and USCIS trying to figure out the best approach and I have some questions. 

 

My fiancé and I filed the I-129f and received a receipt that they have it as of 10/13/22. However, I have noticed a drastic shift upwards in processing times on the USCIS website in the last 3 months to 14 months for the I-129f. Not to mention Las Vegas is showing a 20 month processing time for the I-485 AOS. On the other hand the I-130 for spouse is showing ~11 months and she'd be able to work right away. Not to mention she has a teenager and we want him to be able to visit his father, so her being able to go with him would be a huge benefit. Our biggest concern is that we seem to be getting mixed information and are afraid that if we scrap the I-129f that it'll be like changing lanes in traffic. What we are considering is me going back out to Brazil at the end of November and getting married via zoom with the state of Utah and filing for the I-130 instead, withdrawing the other. While a bummer to essentially throw $500 in the garbage, if it means we get to be together sooner and that she can work and travel immediately, it seems like it could be worth it.

 

Questions:

1. Just to be 100% clear, the Utah zoom marriage counts as a lawful marriage in the eyes of immigration, correct?

2. Based on the information, is the CR-1 the better option for us potentially? pros and cons are great and appreciated!

3. Are the processing times on USCIS generally a good barometer of process times?

 

Thanks for your help! 

1.  Yes, after the marriage is consummated.  

2.  See my list below.

3.  Roughly, maybe.

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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    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.
   

 

 

 

[Crazy Cat 41,844]

****Moved to What Visa Do I Need?****

[Boiler 45,482]

I have seen some really quick EAD's recently, no idea if this is a new norm

[JeanneAdil 6,498]

1. why Utah zoom if u will visit in Brazil?
2. why not marry there
3. you have to consummate the marriage to apply for CR1,  so marry in Brazil 

[Mike E 11,739]

3 hours ago, Kayl&Natch said:

1. Just to be 100% clear, the Utah zoom marriage counts as a lawful marriage in the eyes of immigration, correct?

Yes. Just search for and find success stories on visajourney. You cannot file I-130 until you meet in person (or you are both in the same room when the zoom marriage service is performed). You do not have to prove that you consummated the marriage via sexual intercourse as Utah County does have that requirement.

 

3 hours ago, Kayl&Natch said:

2. Based on the information, is the CR-1 the better option for us potentially? pros and cons are great and appreciated!

IR-1 or ghetto CR-1 is better. You avoid I-751 which for many is a death march (we were one of the few exceptions ... we were approved today after 360 days). Ghetto CR-1 is a CR-1 issued between 18 months and 24 months less a day after you marry.  If you wait until the 2 year marriage anniversary to enter the USA, you are legally required to be issued a 10 year gc.  

 

I simply don't how to  convey the elation and relief I am feeling today now that my wife's 10 year gc is approved, or the angst and fear we experience each time we try to use her expired gc and extension letter to board a flight, get a drivers license, take a cruise. If are the petitioner don't put your spouse through that. If you are the beneficiary, don't put yourself in that situation ... you've no idea how vulnerable you will be a 3rd class member of U.S. society until you experience it.

3 hours ago, Kayl&Natch said:

3. Are the processing times on USCIS generally a good barometer of process times?

 

Except for EAD and AP,  for U.S.,  actual times for all petitions and visas have been worse. I put zero stock in what lawfully, USCIS, and visa journey estimate.

[Kayl&Natch 7]

10 minutes ago, JeanneAdil said:

1. why Utah zoom if u will visit in Brazil?
2. why not marry there
3. you have to consummate the marriage to apply for CR1,  so marry in Brazil 

1. everyone on this site talks about using Utah on the CR1 as it's fast, cheap, and relatively painless
2. does it count if it's not a US marriage? The only thing recommended is Utah here
3. Whether we do Utah zoom or not, technically we'd be in Brazil when we get married. 

I am not sure what the numbers are for as they don't align to my questions, but the way it seemed (and maybe I misunderstood) was it had to be a US marriage and that is why everyone was promoting the Utah zoom marriage. Regardless, the Utah marriage is cheap and easy, and we want to do a "real" aka more traditional with family symbolic wedding later, but want to be together in the most efficient and effective way. Apparently you can't even get symbolically married when going through the K1 process so that's a bummer. 

[Mike E 11,739]

16 minutes ago, JeanneAdil said:

1. why Utah zoom if u will visit in Brazil?
2. why not marry there
3. you have to consummate the marriage to apply for CR1,  so marry in Brazil 

1. Starts the 2 year clock for 2 year vs 10 year gc early (not it doesn't not start 3 year clock for N-400 early ... that starts at "consummation")

2. See 1, and also an American marriage certificate is cheaper, and easier to get copies of, and doesn't need a translation. It's like arguing transistors vs tubes, automatic shift vs manual shift, LED TV vs CRT TV, etc. Remote presence marriage service is just better.

 

[Kayl&Natch 7]

3 minutes ago, Mike E said:

Yes. Just search for and find success stories on visajourney. You cannot file I-130 until you meet in person (or you are both in the same room when the zoom marriage service is performed). You do not have to prove that you consummated the marriage via sexual intercourse as Utah County does have that requirement.

 

IR-1 or ghetto CR-1 is better. You avoid I-751 which for many is a death march (we were one of the few exceptions ... we were approved today after 360 days). Ghetto CR-1 is a CR-1 issued between 18 months and 24 months less a day after you marry.  If you wait until the 2 year marriage anniversary to enter the USA, you are legally required to be issued a 10 year gc.  

 

I simply don't how to  convey the elation and relief I am feeling today now that my wife's 10 year gc is approved, or the angst and fear we experience each time we try to use her expired gc and extension letter to board a flight, get a drivers license, take a cruise. If are the petitioner don't put your spouse through that. If you are the beneficiary, don't put yourself in that situation ... you've no idea how vulnerable you will be a 3rd class member of U.S. society until you experience it.

Except for EAD and AP,  for U.S.,  actual times for all petitions and visas have been worse. I put zero stock in what lawfully, USCIS, and visa journey estimate.

I appreciate your response, but there's no way in hell I am waiting 2 years to be with her if I can do it in 1. We can go through the secondary pain together, but being apart is worse than that. But I appreciate that it was better for you though. On your #1, how the heck do you "prove" you've had sex with someone and we're ladies so sex is definitely a little different for us. 

[Boiler 45,482]

Utah certainly helps in certain specific circumstances otherwise whatever floats your boat 

[Crazy Cat 41,844]

2 minutes ago, Kayl&Natch said:

I appreciate your response, but there's no way in hell I am waiting 2 years to be with her if I can do it in 1. We can go through the secondary pain together, but being apart is worse than that. But I appreciate that it was better for you though. On your #1, how the heck do you "prove" you've had sex with someone and we're ladies so sex is definitely a little different for us. 

There are K-1 cases which take about as long as CR-1 cases.  "Consummation" means you were in the same place at the same time either during or after the ceremony.   A Utah zoom marriage is a legal US marriage.

[Kayl&Natch 7]

Just now, Crazy Cat said:

There are K-1 cases which take about as long as CR-1 cases.  "Consummation" means you were in the same place at the same time either during or after the ceremony.   A Utah zoom marriage is a legal US marriage.

Thanks I thought that's what it meant but then the mention of sexual intercourse came up and I was a little thrown.

[Boiler 45,482]

5 minutes ago, Kayl&Natch said:

I appreciate your response, but there's no way in hell I am waiting 2 years to be with her if I can do it in 1. We can go through the secondary pain together, but being apart is worse than that. But I appreciate that it was better for you though. On your #1, how the heck do you "prove" you've had sex with someone and we're ladies so sex is definitely a little different for us. 

I think you may have misread

[Mike E 11,739]

7 minutes ago, Kayl&Natch said:

if I can do it in 1

Good luck with that. CR-1s end to end haven't been in 1 year for since at least before 2017. 

 

I've made my plea for your foreign future spouse's welfare, and now I am out.

[carmel34 3,625]

1 hour ago, JeanneAdil said:

1. why Utah zoom if u will visit in Brazil?
2. why not marry there
3. you have to consummate the marriage to apply for CR1,  so marry in Brazil 

Speaking from personal experience, for a US citizen to marry in Brazil it takes many weeks and lots of documents.  Any US or other non-Brazilian civil document needs an apostille (big hassle), then all the documents need to be translated to Portuguese using a government-certified translation service (additional cost and wait times).  After all the documents are ready, then there is a marriage application that needs to be filed and signed in-person by both parties at the local cartorio or government office where the marriage will take place.  For the application, I could not fly down to Brazil to sign in person, so instead I had to draft a limited power of attorney document, get an apostille for it from the Secretary of State's Office in Sacramento CA, send it to Brazil for official translation, etc. so that a friend of my husband could sign the application on my behalf.  After the application is approved, there is a mandatory waiting period of 30 days before the actual wedding can take place.  Utah zoom marriage would be the preferred solution in this case, as it is fast and easy.

 

https://br.usembassy.gov/u-s-citizen-services/marriage-information/