What visa would be the best option in my case

[bec2002 1]

Hello everyone!

I've been struggling in deciding between k1 and cr1, most of the comments are saying that cr1 is the best option. My problem is that to start cr1 process i have to marry my american boyfriend and his mom only allows him to marry me after meeting me, she also thinks the baby isn't his, we will do paternity test in November. I'm brazilian and I'm pregnant, my boyfriend's mom will be coming with him next year to visit me when the baby born, we decided to have the baby here in Brazil. 

All i want is to be with him as a family, since we're having a baby together, I'm scared of taking too long to be together as a family, is important for my boyfriend and the baby to have a connection and having to take care of the baby all by myself would probably be tiring as well. I saw that both process are kinda equal in terms of time. My question is, should i apply now for K1 or wait till next year to marry and apply for cr1?

[Crazy Cat 41,844]

 

 

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. 
   

 

Edited September 9, 2023 by Crazy Cat

[Boiler 45,482]

You do not file, that would be down to your BF/ Mother.

 

CR1 all the time.

[bec2002 1]

5 minutes ago, Boiler said:

You do not file, that would be down to your BF/ Mother.

 

CR1 all the time.

Yes, he's the one that will be doing that, im asking for him because he doesn't know what to do as well, if we do k1 now or wait till next year to do cr1

[Mike E 11,739]

37 minutes ago, bec2002 said:

and his mom only allows him to marry me after meeting me

1. Is he over age 18?

 

2. After she meets you, is it assured she will let him marry you?

[bec2002 1]

1 minute ago, Mike E said:

1. Is he over age 18?

 

2. After she meets you, is it assured she will let him marry you?

He is 29yo and I'm 21yo.

I'm not sure if she's going to approve me but he told me not to worry about that because he will still be with me and marry me even without her approval.

[Mike E 11,739]

8 minutes ago, bec2002 said:

He is 29yo and I'm 21yo.

I'm not sure if she's going to approve me but he told me not to worry about that because he will still be with me and marry me even without her approval.

I am surprised you do not see the false logic being used here.

 

A K-1 visa is a based on a promise, a CR-1 visa is based on a commitment.

 

With a K-1 and CR-1 you will
 

* end your life in Brazil.

* travel to the U.S.  

 

After that the similarities end.

 

With K-1, whether you actually start a new life in the U.S.  depends on your fiancé and his mother.

 

With CR-1, especially if you wait to enter the U.S. until 2 years after you marry, you are free to start a new life in the U.S. even if your husband or his mother reject you.

 

K-1 is generally an unsafe visa. For you even more so. You also have a child to consider.

 

Is your child a U.S. citizen?

Edited September 9, 2023 by Mike E

[Dashinka 24,492]

This is between you and your now boyfriend.  The mother may have some influence, but in the end it is your decision.  I agree with the other responses. The spousal visa is the best option, but start planning for a 12-18 month wait (after the wedding).

 

Good Luck!

[JeanneAdil 6,498]

Does he need his mom as Joint sponsor?

Will you have to live in her house when u come to US?

Those points could make a difference

 

if he is willing to marry without her consent, why isn't he coming to marry instead of bringing her"just to meet"

tell him to bring her to witness the marriage

[powerpuff 6,697]

Considering the mother is the third party in the relationship and he seems to do whatever she tells him to do, I strongly advise you to take the CR1 route to protect yourself and your child. 

[jackiegringa 419]

3 hours ago, bec2002 said:

or wait till next year to do cr1

If you wait until next year to marry you're looking into moving to the US by 2026 with some luck. Marry him sooner and you can start the process earlier.

 

If you do a K1 you will be completely dependent on your boyfriend to actually marry you after you get to the US (might be already 2025 when that happens IF you file this year), file for your immigration papers, then 6-9 months until you can work or can travel to Brazil. It's a lot of waiting before and after arriving in the US when you do a k1. You will have no claim in staying in the US in case your relationship doesn't work out until you get a green card, which might take up to a year.

 

With a spousal visa you will enter the US as a green card holder and you will be ready to work and visit Brazil as soon as you would like. If the relationship for any reason doesn't work, you can continue to be a green card holder. Consider this option to protect yourself and your child.

Edited September 10, 2023 by jackiegringa

[Cathi 5,747]

2 hours ago, powerpuff said:

Considering the mother is the third party in the relationship and he seems to do whatever she tells him to do, I strongly advise you to take the CR1 route to protect yourself and your child. 

Ding ding ding ding!!!!

[Lil bear 4,199]

5 hours ago, bec2002 said:

He is 29yo and I'm 21yo.

I'm not sure if she's going to approve me but he told me not to worry about that because he will still be with me and marry me even without her approval.

Mmmm.  One and only comment from me .. 29 yr old with mom tagging along. … too many red flags for me …. way too many ..  good luck 

[Me and her 279]

CR1 is by far the best route to take.  @Crazy Cathas given you the breakdown of each visa.  First and foremost, protect your child and yourself.  The rates of adjustment of status will be increasing, so the money saved for this alone could help with baby supplies!  Best of luck to you.... 

[SalishSea 17,824]

8 hours ago, bec2002 said:

He is 29yo and I'm 21yo.

I'm not sure if she's going to approve me but he told me not to worry about that because he will still be with me and marry me even without her approval.

Why is his mom so involved in all of this if he’s 29?   He’s a grown-### man.   He needs to step up and start acting like an adult.