K1 or CR1

[Suncheer 4]

Hi there,

 

I am new here so apologies if this is the wrong forum to post this question. However, I am turning to the community to help us decide on the best options for our situation, considering there’s a lot of different information out there, and I am slowly losing my mind. I am a Canadian citizen based in Toronto, and my partner is a USC based in New York. As everyone here, we want to close the long distance gap asap, and are exploring the two options - K1 or CR1. I understand the benefits of CR1, however, we want to go with the process that would get me there the fastest. If we were to go through the K1 we’re financially capable of surviving for 12-15 months without a work authorization (given it takes that long for me to get one). We also want to start a family and would not want to do that with the distance. So there is a lot to consider. Additionally, I work from home full-time so I can travel and work from anywhere. 

 

Giving our circumstance, would the K1 or CR1 be there better and fastest option? Or are the timelines the same for both process?

 

Thank you so in advance for all your inputs!

Cheers!

[OldUser 6,976]

K1 and CR1 take about the same time before entering the US.

 

However, when entering on K1 you'd have to go through AOS, which is additional fees and time.

 

I cannot see a use case for K1 at all.

 

When entering on CR1, the immigrant becomes an LPR immediately with more rights and freedoms. You can start building life together VS waiting for EAD etc.

Edited January 22 by OldUser

[OldUser 6,976]

I'll ask @Crazy Cat to post his famous comparison between CR1 and K1 in this thread 😊

[Suncheer 4]

6 minutes ago, OldUser said:

K1 and CR1 take about the same time before entering the US.

 

However, when entering on K1 you'd have to go through AOS, which is additional fees and time.

 

I cannot see a use case for K1 at all.

 

When entering on CR1, the immigrant becomes an LPR immediately with more rights and freedoms. You can start building life together VS waiting for EAD etc.

 

Thank you! I’ve read the crazycat comparison of the CR1 and K1 :). Are you aware of the current processing time for someone whole live in NYC and Toronto?

[Crazy Cat 41,982]

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
  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. 
   

 

[OldUser 6,976]

6 minutes ago, Suncheer said:

 

Thank you! I’ve read the crazycat comparison of the CR1 and K1 :). Are you aware of the current processing time for someone whole live in NYC and Toronto?

Sadly I do not have more specifics other than it takes ~12-18 months to enter the US. You may want to search threads where people post updates about their cases? I'd say petitioner's location in the US is not that important. It's mostly the beneficiary's consulate / embassy that has varying time to schedule interview, depending on their backlog.

[Gary Rich 284]

1 minute ago, Crazy Cat said:

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
  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 Kat.. Here is Virginia it's not that much of a worry for a (K1)  I regularly talk to a person at the bank I'm with. she tells me. ( that an immigrant arriving here would need their visa, passport, and ID ) I'm not sure about other states.

[Crazy Cat 41,982]

7 minutes ago, Gary Rich said:

Crazy Kat.. Here is Virginia it's not that much of a worry for a (K1)  I regularly talk to a person at the bank I'm with. she tells me. ( that an immigrant arriving here would need their visa, passport, and ID ) I'm not sure about other states.

Thanks.  Different states have different laws...especially with respect to drivers licenses.  The holder of a Green Card would not experience those issues. 

[Ontarkie 14,304]

~~Moved to What Visa Do I Need, from K1 P&P - the OP is trying to pick which path to take.~~

[Suncheer 4]

19 minutes ago, OldUser said:

Sadly I do not have more specifics other than it takes ~12-18 months to enter the US. You may want to search threads where people post updates about their cases? I'd say petitioner's location in the US is not that important. It's mostly the beneficiary's consulate / embassy that has varying time to schedule interview, depending on their backlog.

 

20 minutes ago, OldUser said:

Sadly I do not have more specifics other than it takes ~12-18 months to enter the US. You may want to search threads where people post updates about their cases? I'd say petitioner's location in the US is not that important. It's mostly the beneficiary's consulate / embassy that has varying time to schedule interview, depending on their backlog.

Thank you so much for your help. I’ve been looking at some timelines, but I’ve been focusing on both the petitioner and beneficiary location. Assuming New York is the Vermont location and Toronto is Montreal. I’ll look more into my consulate timeline

[SalishSea 17,970]

49 minutes ago, Suncheer said:

Hi there,

 

I am new here so apologies if this is the wrong forum to post this question. However, I am turning to the community to help us decide on the best options for our situation, considering there’s a lot of different information out there, and I am slowly losing my mind. I am a Canadian citizen based in Toronto, and my partner is a USC based in New York. As everyone here, we want to close the long distance gap asap, and are exploring the two options - K1 or CR1. I understand the benefits of CR1, however, we want to go with the process that would get me there the fastest. If we were to go through the K1 we’re financially capable of surviving for 12-15 months without a work authorization (given it takes that long for me to get one). We also want to start a family and would not want to do that with the distance. So there is a lot to consider. Additionally, I work from home full-time so I can travel and work from anywhere. 

 

Giving our circumstance, would the K1 or CR1 be there better and fastest option? Or are the timelines the same for both process?

 

Thank you so in advance for all your inputs!

Cheers!

You will not be authorized to work remotely until you have an EAD, so being able to “work from anywhere” isn’t actually an advantage.

[SalishSea 17,970]

4 minutes ago, Suncheer said:

 

Thank you so much for your help. I’ve been looking at some timelines, but I’ve been focusing on both the petitioner and beneficiary location. Assuming New York is the Vermont location and Toronto is Montreal. I’ll look more into my consulate timeline

If you do a CR-1, there is no way to know which processing center the petition will go to, as it isn’t based on the petitioner’s state of residency.   All immigrant visa interviews (as well as K-1) for Canada go through Montreal.   
 

Both K-1 and CR-1 processes will take up to two years start to finish.

[Suncheer 4]

2 minutes ago, SalishSea said:

You will not be authorized to work remotely until you have an EAD, so being able to “work from anywhere” isn’t actually an advantage.

Thank you! I was more so trying to explain that I don’t need to depend on vacation time to visit my partner while waiting for a K1 or CR1 to process. And hoping to WFH while I’m on a short visit. So the benefit was that I could visit quiet frequently. Hope that made sense

[OldUser 6,976]

1 minute ago, Suncheer said:

And hoping to WFH while I’m on a short visit. So the benefit was that I could visit quiet frequently. Hope that made sense

You cannot work legally as a Canadian in the US without work authorization. Even for remote work.

[Suncheer 4]

3 minutes ago, SalishSea said:

If you do a CR-1, there is no way to know which processing center the petition will go to, as it isn’t based on the petitioner’s state of residency.   All immigrant visa interviews (as well as K-1) for Canada go through Montreal.   
 

Both K-1 and CR-1 processes will take up to two years start to finish.

Thank you for clarifying that, I was told NYC based applications would go to Vermont, but based on your clarification it sounds like its more so randomized/unknown. 

 

Right, the battle is either we want to do ~two years apart (CR1) or ~one year apart (K1) and then the remaining process for K1 I’d be there with my partner.