Adjustment Of Status Or Consular Processing

[Cisse913 35]

Hi All,

 

I'm reaching out to seek some advice regarding my current situation:

 

My K1 Visa was approved in late December 24. Originally, the plan between my fiancée and me was to get married in the US and for me to adjust my status while applying for an Employment Authorization Document (EAD) and Green Card.

 

However, we've recently had a change of thought and are considering whether consular processing might be the best and fastest route to follow.

 

My fiancée is a US citizen residing in the US, and I am a UK citizen residing in England.

 

The estimated time frame for me to obtain my EAD while in the US is approximately 3-6 months, and it could take between 12-24 months for the Green Card. During the Green Card application processing, I won't be able to leave the US unless provided with special dispensation to do so. Financially, this may prove challenging if the EAD takes a while to be approved.

 

However, opting for the consular processing route would mean that my wife and I would spend even more time apart, potentially up to 12-18 months. We've already spent nearly 2 years apart, despite occasional visits when our work schedules permit.

 

Does anyone here have experience with the pros and cons of either route? Can you provide insight into current waiting times (understanding they can vary case by case) and any other information that may be helpful?

 

Thank you in advance for any advice or guidance you can offer.

 

 

 

[Crazy Cat 41,770]

9 minutes ago, Cisse913 said:

Does anyone here have experience with the pros and cons of either route?

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  Much 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 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 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. 
   

 

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

Edited March 14 by Crazy Cat

[Crazy Cat 41,770]

According to other VJ members data, the time difference between filing to interview is as follows:

 

K1- Average time from filing to interview is 495 Days

CR1- Average time from filing to interview is 551 Days

About 2 months only.

 

Edited March 14 by Crazy Cat

[Crazy Cat 41,770]

11 minutes ago, Cisse913 said:

Financially, this may prove challenging if the EAD takes a while to be approved.

If working soon after arrival is a big priority, then I would eliminate the K1 option.

[Cisse913 35]

4 minutes ago, Crazy Cat said:

If working soon after arrival is a big priority, then I would eliminate the K1 option.

Thanks Crazy Cat, is there an estimate on length of time taken to issue Green Card following AOS within US on K-1?

[Crazy Cat 41,770]

18 minutes ago, Cisse913 said:

Thanks Crazy Cat, is there an estimate on length of time taken to issue Green Card following AOS within US on K-1?

Your local office can vary, but VJ data shows about 8 months, on average, after submitting the I-485.  It is a small sample size.

 

Edited March 14 by Crazy Cat

[Crazy Cat 41,770]

44 minutes ago, Cisse913 said:

My K1 Visa was approved in late December 24.

Your I-129f petition was approved 3 months ago?  You're almost finished with a K-1....

Edited March 14 by Crazy Cat

[Cisse913 35]

4 minutes ago, Crazy Cat said:

Your I-129f petition was approved 3 months ago?  You're almost finished with a K-1....

 

Yes, due to be getting married in US early next month. 

 

K-1 set to expire in late May, so due to adjust status or consular process immediately 

[Crazy Cat 41,770]

4 minutes ago, Cisse913 said:

 

Yes, due to be getting married in US early next month. 

 

K-1 set to expire in late May, so due to adjust status or consular process immediately 

To clarify for me, the visa has been issued, and now you are contemplating starting from scratch with a spousal visa?  

Edited March 14 by Crazy Cat

[Cisse913 35]

3 minutes ago, Crazy Cat said:

To clarify for me, the visa has been issued, and now you are contemplating starting from scratch with a spousal visa?  

Yes, as crazy as it sounds. However, think we will continue with the K-1 post marriage and just wait out the process. 

Hoping we are one of the lucky ones with the USCIS!

[Crazy Cat 41,770]

Just now, Cisse913 said:

Hoping we are one of the lucky ones with the USCIS!

No way to predict it....some are pretty fast, while others are exceedingly slow.  Good luck. 

[Cisse913 35]

5 minutes ago, Crazy Cat said:

To clarify for me, the visa has been issued, and now you are contemplating starting from scratch with a spousal visa?  

Thought process was that spousal visa once married was much more streamline and quicker process, as opposed to AOS. Only downside is that I would not be able to visit US in interim, however at least I would be able to travel and meet spouse elsewhere until application was granted. Heard, previously, it was taking approx, 3-6 months to complete consular CR-1 processing in UK

1 minute ago, Crazy Cat said:

No way to predict it....some are pretty fast, while others are exceedingly slow.  Good luck. 

Thank you so much, will be sure to keep all updated 😀

[Crazy Cat 41,770]

5 minutes ago, Cisse913 said:

Only downside is that I would not be able to visit US in interim,

Why?

[Cisse913 35]

9 minutes ago, Crazy Cat said:

Why?

I would be visiting US on a tourist visa, however immigration would be aware of my CR1 application. Therefore, according to our attorney, immigration would feel there was a significant risk of me staying forever. 

[Crazy Cat 41,770]

9 minutes ago, Cisse913 said:

Therefore, according to our attorney, immigration would feel there was a significant risk of me staying forever. 

No more significant than the many, many others who visit during the spousal visa process....and this site is full of then.  You can visit during the process.

 

 

 

Edited March 14 by Crazy Cat