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 0]

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 3,030]

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 42,183]

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 36]

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 14,431]

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