Looking to live and work permanently together with my UK girlfriend ASAP. Which would be faster: getting married while she is here on an ESTA and beginning the IR-1 after she returns, or just getting engaged and then starting the K-1?

[RedUKFriend 1]

She is currently here on an ESTA and we're certain we want to get married and live together here. While she is in the UK we can work together remotely, but when she is in the US she can't work with me without a green card. Towards that end, our aim is to not only live together but be able to work together as soon as possible. 

 

From what I've read so far, K-1 would get her here faster (8-12 months(?)) but without a green card. And IR-1 Spouse Visa would get her here slower (12-18 months(?)) but with a green card in hand. I'm not sure if I'm understanding the process correctly but it seems the IR-1 is the way to go. I'm completely new to this world and would really appreciate some insight and/or advice from you all. Thanks! :)

[appleblossom 3,347]

22 minutes ago, RedUKFriend said:

She is currently here on an ESTA and we're certain we want to get married and live together here. While she is in the UK we can work together remotely, but when she is in the US she can't work with me without a green card. Towards that end, our aim is to not only live together but be able to work together as soon as possible. 

 

From what I've read so far, K-1 would get her here faster (8-12 months(?)) but without a green card. And IR-1 Spouse Visa would get her here slower (12-18 months(?)) but with a green card in hand. I'm not sure if I'm understanding the process correctly but it seems the IR-1 is the way to go. I'm completely new to this world and would really appreciate some insight and/or advice from you all. Thanks!

 

Paging @Crazy Cat, who has a fabulous comparison of the two routes. 🙂

 

 

 

 

 

 

[Crazy Cat 42,597]

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 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. 
   

 

[Bunninuts 44]

The only thing I will add is that the timing of both of these processes may be different/longer. We cannot gauge what will happen with either process as the new administration in the US can make significant changes.

[Ontarkie 14,562]

~~Moved to What Visa Do I Need, from K1 P&P- The OP is exploring their options.~~

[JD2 103]

So just staying and doing Adjustment of Status is not an option?  She has to go back?  If time to work authorization is your main concern, then CR-1/IR-1 is probably faster than K-1.  Y'all can get married and file now but still consular process.  You don't have to wait for her to leave.

[mam521 2,256]

If your aim is for her to continue to work, CR1 is the best and cheapest route.  Yes, it will take time, but you can both still travel to visit one another and you can both work from your respective countries.  

 

Personally, I find that people coming from western countries that try to adjust status and cannot work have a more difficult time adjusting.  Going from being an independent person with a job, driver's license, money, friends to a new country where they become fully dependent on their partner for money, meeting people, rides (many states won't give a driver's license) and without a job is EXTREMELY challenging on the mental health of the beneficiary as well as it puts strain on the relationship.  Part of what brought people together can be erased while they wait out the process.  Please factor this consideration into your decision with your partner.  Being apart and waiting sucks, but if you're preparing for a relationship that should span the rest of your life, this is but a finite blip in time.  

[Chirs123 1]

if your goal is to be together ASAP maybe CR1. Our K1 took 16 months from the day we started the process until I got to the final interview (Nov 2022- April 2024). Best of luck!

Edited January 22 by Chirs123

[mitzab 303]

If you marry her while she is in the U.S. on ESTA, she cannot apply for Adjustment of Status immediately without potential complications, as using ESTA with intent to adjust status can raise red flags with immigration authorities. She would need to leave the U.S. and apply for the IR-1 from the UK.

 

If you choose the K-1 route, she can enter the U.S. faster (YMMV), but there will still be a delay before she can work due to the AOS process.

 

The IR-1 process is slower but more streamlined in terms of working legally once she arrives.

[Noname93 203]

Since she is currently here, you can get married and adjust as long as that was not the initial plan when she came here. However, as you probably know whe will not be able to work for a while

[Daphne . 1,954]

5 hours ago, mam521 said:

If your aim is for her to continue to work, CR1 is the best and cheapest route.  Yes, it will take time, but you can both still travel to visit one another and you can both work from your respective countries.  

 

Personally, I find that people coming from western countries that try to adjust status and cannot work have a more difficult time adjusting.  Going from being an independent person with a job, driver's license, money, friends to a new country where they become fully dependent on their partner for money, meeting people, rides (many states won't give a driver's license) and without a job is EXTREMELY challenging on the mental health of the beneficiary as well as it puts strain on the relationship.  Part of what brought people together can be erased while they wait out the process.  Please factor this consideration into your decision with your partner.  Being apart and waiting sucks, but if you're preparing for a relationship that should span the rest of your life, this is but a finite blip in time.  

This is such an important thing to consider, 100%! The adjustment of status always seems like a great idea until it doesn’t. 

[S2N 17]

On 1/22/2025 at 2:59 PM, Noname93 said:

Since she is currently here, you can get married and adjust as long as that was not the initial plan when she came here. However, as you probably know whe will not be able to work for a while

This is important to highlight. The AOS rules are often misunderstood. Based on your comment she didn’t enter with the intent to adjust status, which means that if you want to you can get married and she can adjust status now without returning to the UK and it’s perfectly legal.

 

That has a ton of downsides: won’t be able to work or leave the U.S. for a while and it’s expensive. But if being together ASAP is the priority, it’s an option.

 

We decided going for IR-1 over K-1 because of allowing my husband time to tie-up affairs in Chile while we wait and also maintain his professional career rather than sitting around the house for months on end. That plus all the legal advantages made it a no-brainer for us.

 

Based on your post though being together quick is important for you all, so marriage and AOS on this trip remains an option.