What Visa do I need? K1 or IR1 CR1. From Canada to USA

[mark_adders 0]

Okay so need input/ data/ anecdotes/ advice to help deciding a route. 

 

I am a British citizen living and residing in BC Canada on permanent residency, 1 month short of being a citizen of Canada.

Partner is US citizen and lives permanently in MT USA. We live two hours away by car.

We are not yet married. Nor engaged. But we would do both in an instant. Pending visa requirements.

We want to have our lives together and do not know the best option, balancing efficiency, security, ease and time apart.

 

My understanding is we are 1.5 - 2 years away from any closure on this. And this is hurtful. 

 

Family based options, source: 

1- Fiancé(e) Visa (K1) 

2- Spousal Visa (K3)

3- Spousal Visa (IR1 / CR1)

4- Direct Consular Filing

 

All seem possible, with 1 & 3 being the obvious choices and the other 2, 4 being side door options that we found recently. Do not know the credibility of choosing these.

We have done a lot of reading and the more I read the less I am sure of the way to proceed. We desperately need advise, falling into a wormhole. We want to start out on the right foot and not choose an option that is going to extend being apart more than it needs to. Or extend the inability to work as is often the case, how does that benefit a new family starting out in a new country? Im not sure being dependent on resources really helps anyone.

 

I had a lawyer/ consultant from Visa Place tell me to disregard the fiancé visa (mostly due to Canadian consulate wait times) and focus on spousal visa or one other side door option, involving being a Canadian citizen.  Do the lawyers and consultants tend to have an ulterior motive behind advice? Are they skewed toward revenue generating options?

 

Processing times: I find every website has different information for processing times making my understanding worse and worse. Does both the fiancé K1 and spousal CR1 have to go through the Canadian consulate? Is the wait times here as bad as they say? Are both options the same wait times? Can the Canadian consulate be avoided?

What are realistic expectations of processes - start to finish?

Can I lean on my British citizenship and go home to get a faster consulate time?

 

Direct Consular Filing: the key word in the descriptions here are 'typically'. Has anyone had any luck short cutting any process by going direct to consulate? Do they serve to help out people for any circumstances. 

 

Consultants or lawyers: can anyone advise or suggest someone that can help? What experience have people had?

 

Thanks ya'll 

 

[Boiler 45,449]

DCF not applicable so 3.

 

18 months maybe, you can of course interview in London as well. Canada seems slow.

[Boiler 45,449]

Ohh this is a DIY site, so most people DIY. Some cases need professional help, some people just want to use a Lawyer, your call.

[Crazy Cat 41,814]

1 hour ago, mark_adders said:

We have done a lot of reading and the more I read the less I am sure of the way to proceed.

 

For your consideration:

 

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
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

[Crazy Cat 41,814]

Visa Journey average times from filing to interview:

K-1:  593 Days

CR-1: 606 Days

 

USCIS Immigration Processing Times - VisaJourney

[Redro 4,611]

K1 used to be faster but now takes about the same amount of time as spousal. 
K1 is now the option people go with if they cannot get married in their home country/ the US.

if nothing is stopping you from getting married. Get married and go with the spousal visa.

As you are about to become a Canadian citizen is there a reason why you’ve decided to settle in US and not Canada or the UK? 

Edited August 28, 2023 by Redro

[leviiathan 206]

K-1 doesn't currently have any longer of a wait at the Canada Montreal Consulate. It used to be pretty bad, now it's just a normal wait of a few months with the P3 and P4 process. 
Spousal though is overall better for all the options above stated by Crazy Cat. I doubt your lawyer said that to skew your options or screw your over, at least the incorrect wait part, as not very long ago it was taking 8 months for an interview. It cleared up around the time I had my interview actually, and has remained steady. Its pretty common for lawyers to be behind on their information, as they are basing their information typically off recent clients, and not always current experiences. Means they miss out on a lot of information

This is not to discredit the advice of going the I-130 spousal route, as I would opt for that if it had been an option for me due to all the benefits it has. 

 

[mark_adders 0]

3 hours ago, Boiler said:

DCF not applicable so 3.

 

18 months maybe, you can of course interview in London as well. Canada seems slow.

Yes, in reading the data on this website the wait time for Canadian is 300 days where as the uk is 150 days so I could cut 150 days off a 600 day process according to all the numbers available. Which checks out with your 18 months 

[mark_adders 0]

3 hours ago, Crazy Cat said:

 

For your consideration:

 

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
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

 

3 hours ago, Crazy Cat said:

 

For your consideration:

 

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
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

appreciate this. what is your experience with the process?

[mark_adders 0]

3 hours ago, Crazy Cat said:

Visa Journey average times from filing to interview:

K-1:  593 Days

CR-1: 606 Days

 

USCIS Immigration Processing Times - VisaJourney

 I agree with finding those same numbers on this website. I just want to fact check they are truly accurate before I make a decision! I cant fathom having to wait 1 year longer than i need to be with my partner if I dont check everything. I dont want another Covid 2,0 to hit and I am not living with my partner when I could have been with better knowledge!

[Boiler 45,449]

How can they be truly accurate, nobody can foretell the future.

[mark_adders 0]

2 hours ago, Redro said:

K1 used to be faster but now takes about the same amount of time as spousal. 
K1 is now the option people go with if they cannot get married in their home country/ the US.

if nothing is stopping you from getting married. Get married and go with the spousal visa.

As you are about to become a Canadian citizen is there a reason why you’ve decided to settle in US and not Canada or the UK? 

Okay this is good to know. 

Reading the data then they are both 600 days from submittal of petition to interview with the consulate. Which seems like such a long time. What might change? What might get quicker if things trend toward a normal period of time?

I am about to become eligible for Canadian citizenship. I will likely apply as it seems logical to do so while i wait. 

The reason for US is purely because of my partner. Moving to Canada was for me and now US plans are for my lady. 

What is your story and how did you come to gain experience in all these processes?

[mark_adders 0]

1 minute ago, Boiler said:

How can they be truly accurate, nobody can foretell the future.

 

Cant argue that. just trying to make the most sense of it I can. No stones left unturned and all!

[mark_adders 0]

51 minutes ago, MissLadyRea said:

K-1 doesn't currently have any longer of a wait at the Canada Montreal Consulate. It used to be pretty bad, now it's just a normal wait of a few months with the P3 and P4 process. 
Spousal though is overall better for all the options above stated by Crazy Cat. I doubt your lawyer said that to skew your options or screw your over, at least the incorrect wait part, as not very long ago it was taking 8 months for an interview. It cleared up around the time I had my interview actually, and has remained steady. Its pretty common for lawyers to be behind on their information, as they are basing their information typically off recent clients, and not always current experiences. Means they miss out on a lot of information

This is not to discredit the advice of going the I-130 spousal route, as I would opt for that if it had been an option for me due to all the benefits it has. 

 

So the wait times of approx 300+ days for an interview are incorrect? I had a consultant tell me it could be 2 years before I get a response on the K1 fiance, which checks out with the wait times of 600 + days on this website. 

What exactly is the P3+P4 process I cant find any info on that. 

 Thanks for the lawyer outlook.

Why could you not do the 1-130 route? Did you not go Canada to US too? What was your take on the process? Surprises and challenges?

[mark_adders 0]

4 hours ago, Boiler said:

DCF not applicable so 3.

 

18 months maybe, you can of course interview in London as well. Canada seems slow.

 

Why do you think DCF not applicable? Nothing I have read is definitive. Have you explored this?