CR1 versus K3

[NEDawn 0]

After much research my fiance and I have determined we will probably wed sometime in February 2008. I am busy looking up elopement locations etc, because when he comes to marry, he will only be here two weeks before he must return to Scotland and wait to begin the immigration process.

I am torn between the CR1 versus the K-3. One of the biggest reasons I hesitate to consider the CR1 is I have read that after we marry and file, he won't be able to make visits to the USA during the waiting time. My available time to visit Scotland is limited due to my full time job. I could perhaps make one trip.

Over the last 16 months he has been able to visit here about every 3 months, and of course he always leaves and goes back home. He has his own flat, and always comes with a return ticket.

Can anyone tell me whether either visa would prohibit his being allowed re-entry into the USA during the waiting time for either or both visa's? We would like to visit each other at least every 3-4 months during the waiting time. Seems both visa's are taking 8-10 months for approval so we have taken that into consideration as we plan on which way to go.

Also, I understand the CR-1 is cheaper than the K-3.

I researched K-1 visa's for a year, and then we changed direction when we saw that the waiting time was so long. I wish the K'1's were as short as they quoted last year, then we would have just gone that route. We have been separated already 16 months from when we met, and are trying to hold onto the fact it could be another year or more before we are together.

What carries more risk of failure or problems arising that might delay the visa's? The CR-1 or the K-3?

What is the difference in the costs?

He is in Scotland, I am in Massachusetts.

thanks!

Dawn

Edited November 8, 2007 by NEDawn

[Marilyn. 340]

there really is no difference between the CR1 and the K3 when it comes to visiting the US.. it is totally up to the POE officer if he is going to let you in and it is good to bring lots of ties to your home country that shows you have every intention of going back..... things like mortgage papers etc....

I think the Cr1 is cheaper because with the K3 you have to apply for AOS (adjustment of Status) after you move to the US which now costs over $1000...

with the CR1 visa, you would get your green card about a month after moving to the US....

[Jigi 0]

Hi,

My advice is simple, go for CR.

Jigi

[vsmtghdy 2]

Going for the CR-1 visa will be a lot cheaper and no need to Adjust Status (for K-3) which will cost $1010.00. With the current timelines that I see, CR-1 and K-3 visas have only few weeks difference with their interview schedules. Good Luck.

[NEDawn 0]

Thank you! Any idea if others going through this process have trouble with their spouses being able to renter the USA to visit during the wait time. I would think that an immigration officer would look at the fact that we have applied for a CR-1 as evidence we would not do anything fraudulent or illegal and that my fiance (husband) would be returning to Scotland as he always has.

Going for the CR-1 visa will be a lot cheaper and no need to Adjust Status (for K-3) which will cost $1010.00. With the current timelines that I see, CR-1 and K-3 visas have only few weeks difference with their interview schedules. Good Luck.

[Marilyn. 340]

like I mentioned when he travels he should bring lots of proof of ties to his home country... things like mortgage papers etc....

[YuAndDan 153]

Thank you! Any idea if others going through this process have trouble with their spouses being able to renter the USA to visit during the wait time. I would think that an immigration officer would look at the fact that we have applied for a CR-1 as evidence we would not do anything fraudulent or illegal and that my fiance (husband) would be returning to Scotland as he always has.

Going for the CR-1 visa will be a lot cheaper and no need to Adjust Status (for K-3) which will cost $1010.00. With the current timelines that I see, CR-1 and K-3 visas have only few weeks difference with their interview schedules. Good Luck.

I have yet to read about someone having a hard time visiting during the process, especially from Visa/Waiver program (VWP) countries, like the UK.

[Bill y Bella 0]

I am not an expert on this but I have some concerns with your plan.

If your fiance tells the officer at the POE that he is entering the country to get married I don't think he will get far. If he tells the officer that he is entering the country as a tourist he is committing visa fraud and that might come back to haunt you later in the process.

There will be others with more expertise who will hopefully let us know if my concerns are valid.

[Marilyn. 340]

I am not an expert on this but I have some concerns with your plan.

If your fiance tells the officer at the POE that he is entering the country to get married I don't think he will get far. If he tells the officer that he is entering the country as a tourist he is committing visa fraud and that might come back to haunt you later in the process.

There will be others with more expertise who will hopefully let us know if my concerns are valid.

ummm, lots of people come to the US and get married and then go back to their country to wait out the visa....

the POE officer usually just asks you "business or pleasure?" you don't need to go into a big spiel about all the details of what you are doing, unless they ask you but then it is good to have tonnes of proof that you have every intention of going back to your country....

[NEDawn 0]

like I mentioned when he travels he should bring lots of proof of ties to his home country... things like mortgage papers etc....

He can provide a lease, proof he has a flat, and also custody agreement of his children. He's disabled so doesn't have a job at present, though he may be going to school soon. Would this be enough?

Also, how would they know we are married unless he volunteered that information at customs? He enter's through Boston International, they have been very good to him, he even tells them he's coming to see his "woman", and they don't bat an eye. He's been here three times in the last year, the first time for 83 days, the 2nd time for 30, this time for 42 (He's going back home today

[Dylan'sWife 2]

After much research my fiance and I have determined we will probably wed sometime in February 2008. I am busy looking up elopement locations etc, because when he comes to marry, he will only be here two weeks before he must return to Scotland and wait to begin the immigration process.

That may be a problem right there. Although it's not forbidden to get married and return, if he expresses to the CBP Agent that he intends to get married on that visit he will most likely be denied entry.

I am torn between the CR1 versus the K-3. One of the biggest reasons I hesitate to consider the CR1 is I have read that after we marry and file, he won't be able to make visits to the USA during the waiting time. My available time to visit Scotland is limited due to my full time job. I could perhaps make one trip.

Once you are married, you HAVE to file for a CR1. The K3 was only introduced to allow the intending immigrant to enter the US while they were awaiting the CR process. Now, the I-130 are getting approved before or shortly after I-129 approvals, so the K3 won't get your spouse to the US any faster.

Over the last 16 months he has been able to visit here about every 3 months, and of course he always leaves and goes back home. He has his own flat, and always comes with a return ticket.

Can anyone tell me whether either visa would prohibit his being allowed re-entry into the USA during the waiting time for either or both visa's? We would like to visit each other at least every 3-4 months during the waiting time. Seems both visa's are taking 8-10 months for approval so we have taken that into consideration as we plan on which way to go.

A CBP Agent can refuse anyone entry to the US for many reasons. If the suspect immigration intent, if they detect past criminal convictions that deem someone inadmissable. Being in the K3 or CR1 process does not generally make someone inadmissible during the interim provided they can prove they have no immigrant intent on that visit. However, isn't not uncommon for certain CBP Agents to blankety deny enter to anyone in the K1, K3 or CR1 process until they have their visa in hand.

Also, I understand the CR-1 is cheaper than the K-3.

Once you factor in the cost of AOS, the CR1 is the most cost effective.

I researched K-1 visa's for a year, and then we changed direction when we saw that the waiting time was so long. I wish the K'1's were as short as they quoted last year, then we would have just gone that route. We have been separated already 16 months from when we met, and are trying to hold onto the fact it could be another year or more before we are together.

Honestly, in my opinion you are better off filing for a K1. You can file today and begin the process. If you wait till Feb to get married ( and that's assuming your fiance is allowed entry ) , you could have already been three months into the process.

What carries more risk of failure or problems arising that might delay the visa's? The CR-1 or the K-3?

What is the difference in the costs?

He is in Scotland, I am in Massachusetts.

thanks!

Dawn

[NEDawn 0]

Honestly, in my opinion you are better off filing for a K1. You can file today and begin the process. If you wait till Feb to get married ( and that's assuming your fiance is allowed entry ) , you could have already been three months into the process.

Thank you for all of the answers and detailed response. My signature clarifies our situation. He has had to wait a year of seperation to file divorce in Scotland, his divorce would be decreed in January sometime of 2008, thus why we can't apply for K-1 now. We originally considered the K-1 when I thought the processing time was 2-4 months as I saw a year ago and was told by attornies but now I know the times are much longer, only slightly faster than the K-3.

Would a immigration officer have record we had started the CR-1 process when my fiance flew into Boston and went through customs, or is that information hard to obtain?

[Dylan'sWife 2]

like I mentioned when he travels he should bring lots of proof of ties to his home country... things like mortgage papers etc....

He can provide a lease, proof he has a flat, and also custody agreement of his children. He's disabled so doesn't have a job at present, though he may be going to school soon. Would this be enough?

Also, how would they know we are married unless he volunteered that information at customs? He enter's through Boston International, they have been very good to him, he even tells them he's coming to see his "woman", and they don't bat an eye. He's been here three times in the last year, the first time for 83 days, the 2nd time for 30, this time for 42 (He's going back home today

That's 165 days in total. Someone correct me if I am wrong but that only gives him 15 days of eligibility to visit for the left within the twelve consecutive months from the first visit.

[Dylan'sWife 2]

Honestly, in my opinion you are better off filing for a K1. You can file today and begin the process. If you wait till Feb to get married ( and that's assuming your fiance is allowed entry ) , you could have already been three months into the process.

Thank you for all of the answers and detailed response. My signature clarifies our situation. He has had to wait a year of seperation to file divorce in Scotland, his divorce would be decreed in January sometime of 2008, thus why we can't apply for K-1 now. We originally considered the K-1 when I thought the processing time was 2-4 months as I saw a year ago and was told by attornies but now I know the times are much longer, only slightly faster than the K-3.

Would a immigration officer have record we had started the CR-1 process when my fiance flew into Boston and went through customs, or is that information hard to obtain?

It's unfortunate about the setback because of the divorce, but you would still have to wait for that to be resolved prior to the marriage. Generally, there is a lot more paperwork that needs to be filed for a CR1 or K3, because of this processing times tend be quicker for a K1. Not to mention, that the more papers you submit or neglect to submit can cause additional RFE's that will cause delays.

You can not start the CR1 process until you are legally married. You have to submit proof of marriage.

[NEDawn 0]

That's 165 days in total. Someone correct me if I am wrong but that only gives him 15 days of eligibility to visit for the left within the twelve consecutive months from the first visit.

Total is 155 not 165. First time he visited was November 6, 2006. He was here 83 days. Next was just under 30 days, this time 42. He's allowed 90 days at any one visit. This last visit he leaves two days after the start of a new year (12 months). I have never seen anything posted that prohibits how many visits he can make as long as he stays under the 90 days per visit on the visa waiver. Someone got a link they can quote that shows me different? If I am misinformed then I want to know.

I have a girl friend engaged to a man from Scotland, he visits for a month or more at a time about every two months, he's been doing it for 6 years, never had a problem coming over from Scotland into Boston.

Edited November 8, 2007 by NEDawn