CR1 best (or only) option?

[IronChef 0]

Hello Everybody

 

I am a mid 30s US citizen who moved to the Philippines 7 years ago and have been working for the same foreign non local company since my arrival.  I have been with my partner for many years now living and traveling together, and now we are looking to move back to the US.  We are not married yet but can easily do so.

 

I have read here that many seem to prefer going with the CR1 over the K1, but I'm wondering if CR1 is actually our only option. As just in my brief research on looking at  the K1 form itself, it states evidence of income however I haven't been working in the US since I've been abroad and also don't have any physical assets there (house but do maintain stocks if that matters). Would this effect the K1 or even CR1? Can we apply for the CR1 soon after marriage ie within weeks?

 

Also, as a secondary question - My partner has found a work sponsor and applied for a work visa (cant remember which exact visa it is) through an agency however this seems to have come to a standstill.  Would this application hinder the CR1 or K1 process?  We originally thought the work visa would be the fastest however since it has seemingly come to a halt, and in the end if it would take as long as a CR1 or K1, then the CR1 or K1 would be better since we wouldnt be tied to her work location while she is on contract.

 

Thank you very much.

Edited April 6 by IronChef
typo

[IronChef 0]

Also another bit - She had just recently resigned from her job which she was at for 6 years and is currently looking for a new job.  Will the fact that she is unemployed hinder anything?

[Crazy Cat 43,116]

4 hours ago, IronChef said:

Also another bit - She had just recently resigned from her job which she was at for 6 years and is currently looking for a new job.  Will the fact that she is unemployed hinder anything?

Employment status of the K-1/CR-1 beneficiary is irrelevant to US immigration.

[Boiler 46,664]

A work visa could be a better quicker option, depending which one.

 

Otherwise marry and you can file that I 130 the same day.

[IronChef 0]

41 minutes ago, Boiler said:

A work visa could be a better quicker option, depending which one.

 

Otherwise marry and you can file that I 130 the same day.

 

Thank you very much for the reply.

 

I had a thought - As the work visa is currently in process (we do not know how much longer and it has been a while), can we apply for the CR1 as well while the work visa is processing?  Would there be any impact on either?

[Boiler 46,664]

Yes

 

Possibly, need more info.

[IronChef 0]

8 minutes ago, Boiler said:

Yes

 

Possibly, need more info.

 

What other info can I provide - I'll be happy to share. 

 

My partner has informed me that the one currently in process is the employer sponsored green card and has not received a priority date.

Edited Sunday at 01:22 PM by IronChef

[Boiler 46,664]

EB1, EB2, EB3 EB4?

 

All have very different processing times.

 

The stereotype for PI is Nursing and EB3

 

 

[IronChef 0]

16 minutes ago, Boiler said:

EB1, EB2, EB3 EB4?

 

All have very different processing times.

 

The stereotype for PI is Nursing and EB3

 

 

 

Ah yes this should be it as she is a nurse.

[Boiler 46,664]

They are processing cases from 1st January 2023

[IronChef 0]

12 minutes ago, Boiler said:

They are processing cases from 1st January 2023

 

This is what we saw as well. I'm assuming since she has not received a priority date that this route could be a long process too?

 

Could we also file for the CR1 in the coming month or 2 without impact on either?

[Boiler 46,664]

When was the I 140 filed?

 

Yes

[appleblossom 3,671]

1 hour ago, IronChef said:

 

This is what we saw as well. I'm assuming since she has not received a priority date that this route could be a long process too?

 

Could we also file for the CR1 in the coming month or 2 without impact on either?

If she hasn’t even got a PD yet then that means nothing has been filed yet, so she’s at least 3/4 years away from a visa. So spousal route will be a quicker option. 

[SalishSea 18,397]

On 4/5/2025 at 11:37 PM, IronChef said:

I haven't been working in the US since I've been abroad and also don't have any physical assets there (house but do maintain stocks if that matters).

You will want to look into the financial/income requirements for sponsoring an immigrant, as well as the domicile requirements.  You will need US-based income.

 

It is often unavoidable that the USC spouse has to return to the states earlier than the intending immigrant to satisfy these requirements.

[IronChef 0]

41 minutes ago, SalishSea said:

You will want to look into the financial/income requirements for sponsoring an immigrant, as well as the domicile requirements.  You will need US-based income.

 

It is often unavoidable that the USC spouse has to return to the states earlier than the intending immigrant to satisfy these requirements.

 

Thank you for the reply.

 

I think we should be good on the financial requirements as we'll also have a joint sponsor.

 

As far as the domicile requirement, would intent to re-establish domicile be a considerable option?  I have maintained the address that I was at before living abroad.  It is my parents address who is also the joint sponsor.  I have things like mail, bank, & investment statements, current valid driver license, tax returns, etc. all with name and address and have maintained voter registration.  I also plan write a letter and have our sponsor write a letter.