CR1 versus K3

[NEDawn 0]

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.

Yes I know we would have to be legally married. Thus why we aimed for February or March after his divorce is final. We originally were going to apply for a K-1 before we knew the processing times had changed, now we are focused on the CR-1, but my concern was about his being able to still visit during that time. His visa waiver has never been an issue thus far. They know he comes to see a girl friend. Hell if I have to I will fly to Scotland and marry him, I have never been there yet.

[PetraPerson101 0]

In case you're interested, here's the difference between I-130 and K3. I'm sure the times involved will say much more than I could write here:

http://www.visajourney.com/timeline/profil...l=&id=38204

*cough* I think it would be quicker to get married, move, move again, get a few new jobs, study a new language, and start a business ... all before you even get NOA2 on a K3. Meanwhile, an I130 would be approved AND nearly through with the CR1 process.

Plus, K3 has an adjustment of status nightmare AFTER he gets here ... CR1 does not. Plus, he gets Green Card & SSN within a few weeks of arriving in the USA. ( So far, that's +3 for the CR1, -3 for the K3.)

Last but not least, you must file for a CR1 *before* you file for the K3. You can file K3 as a backup, but don't get your hopes up on having it be "fast".

Needless to say, it should be a no-study-required decision. Go for the CR1.

Edited November 8, 2007 by KyanWan

[LadyJane 1]

We chose to go the CR1 route because it was less dealing with USCIS. The thought of doing adjustment of status causes deep and painful shivers to run through my toes. It stinks though because we're apart during the processing of the CR1 visa. Being from a VWP country is a real blessing because your man doesn't need a visa to come and visit. He can visit, provided that he brings evidence of ties back home and you have a nice POE officer. Remember to always be honest and always bring evidence of ties; but there's no need to be too verbose.

I would look to see how long it will take for a K3 interview at the consulate versus the wait time for a CR1 visa interview. Either way, you'll need to wait until his divorce is finalized.

Good luck!

[RandyandRina 2]

No doubt about it, I'll go for CR1

[Dylan'sWife 2]

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.

Yes I know we would have to be legally married. Thus why we aimed for February or March after his divorce is final. We originally were going to apply for a K-1 before we knew the processing times had changed, now we are focused on the CR-1, but my concern was about his being able to still visit during that time. His visa waiver has never been an issue thus far. They know he comes to see a girl friend. Hell if I have to I will fly to Scotland and marry him, I have never been there yet.

No one here can tell you with absolute certainty that he will be allowed entry while visiting in the process. It's a ####### shoot.

I suggest that he flies out of somewhere that has POE before he flies to the US, I believe there is one in Ireland to spare him from flying all the way over only to get turned around.

But it's really important he doesn't lie about his relationship status with you when speaking to the CBP Agent. If he is your fiance at the time, he must disclose that- if you are married he must disclose that. I think part of the reason I have been so successful in my visits is because I was straight forward and not evasive.

[Dylan'sWife 2]

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.

I could be confused since I am from Canada and we are allowed to visit for a total of 6 months in any 12 month period.

But, typically CBP Agents frown upon frequent long stays in the US. If they feel the 'visitor' is spending more time per year in the US than in their native country there's a greater risk for denial. At least, this is what I have gathered reading this forum.

[NEDawn 0]

I could be confused since I am from Canada and we are allowed to visit for a total of 6 months in any 12 month period.

But, typically CBP Agents frown upon frequent long stays in the US. If they feel the 'visitor' is spending more time per year in the US than in their native country there's a greater risk for denial. At least, this is what I have gathered reading this forum.

I have heard that too. He won't be making any long visits from now on, this situation has changed were he doesn't have the kind of time he had had the past year to stay several weeks. For example if he comes to wed, he would be here less than two weeks. He comes every 3-4 months also, so he has not been flying in that frequently. I hope to make one visit to Edinburgh myself, but my job limits my available time too. We just want to be able to visit every 3-4 months for a few weeks while we wait for the CR-1, and after all I have read, it seems the only way to go.

Thanks to all for your help.

Dawn

[Marilyn. 340]

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.

Yes I know we would have to be legally married. Thus why we aimed for February or March after his divorce is final. We originally were going to apply for a K-1 before we knew the processing times had changed, now we are focused on the CR-1, but my concern was about his being able to still visit during that time. His visa waiver has never been an issue thus far. They know he comes to see a girl friend. Hell if I have to I will fly to Scotland and marry him, I have never been there yet.

No one here can tell you with absolute certainty that he will be allowed entry while visiting in the process. It's a ####### shoot.

I suggest that he flies out of somewhere that has POE before he flies to the US, I believe there is one in Ireland to spare him from flying all the way over only to get turned around.

But it's really important he doesn't lie about his relationship status with you when speaking to the CBP Agent. If he is your fiance at the time, he must disclose that- if you are married he must disclose that. I think part of the reason I have been so successful in my visits is because I was straight forward and not evasive.

I would only disclose this if asked..... just answer all the questions they ask truthfully but you don't need to go into detail...

[Dylan'sWife 2]

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.

Yes I know we would have to be legally married. Thus why we aimed for February or March after his divorce is final. We originally were going to apply for a K-1 before we knew the processing times had changed, now we are focused on the CR-1, but my concern was about his being able to still visit during that time. His visa waiver has never been an issue thus far. They know he comes to see a girl friend. Hell if I have to I will fly to Scotland and marry him, I have never been there yet.

No one here can tell you with absolute certainty that he will be allowed entry while visiting in the process. It's a ####### shoot.

I suggest that he flies out of somewhere that has POE before he flies to the US, I believe there is one in Ireland to spare him from flying all the way over only to get turned around.

But it's really important he doesn't lie about his relationship status with you when speaking to the CBP Agent. If he is your fiance at the time, he must disclose that- if you are married he must disclose that. I think part of the reason I have been so successful in my visits is because I was straight forward and not evasive.

I would only disclose this if asked..... just answer all the questions they ask truthfully but you don't need to go into detail...

Correct, but if they ask you "Who are you going to see" or "Who is in ( destination traveling to ).". You have to tell them.

[Marilyn. 340]

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.

Yes I know we would have to be legally married. Thus why we aimed for February or March after his divorce is final. We originally were going to apply for a K-1 before we knew the processing times had changed, now we are focused on the CR-1, but my concern was about his being able to still visit during that time. His visa waiver has never been an issue thus far. They know he comes to see a girl friend. Hell if I have to I will fly to Scotland and marry him, I have never been there yet.

No one here can tell you with absolute certainty that he will be allowed entry while visiting in the process. It's a ####### shoot.

I suggest that he flies out of somewhere that has POE before he flies to the US, I believe there is one in Ireland to spare him from flying all the way over only to get turned around.

But it's really important he doesn't lie about his relationship status with you when speaking to the CBP Agent. If he is your fiance at the time, he must disclose that- if you are married he must disclose that. I think part of the reason I have been so successful in my visits is because I was straight forward and not evasive.

I would only disclose this if asked..... just answer all the questions they ask truthfully but you don't need to go into detail...

Correct, but if they ask you "Who are you going to see" or "Who is in ( destination traveling to ).". You have to tell them.

yes, of course... I did mention that you should answer the questions they ask truthfully

I just meant you don't need to give them your whole life story if they just ask you "business or pleasure?".....

[Dylan'sWife 2]

I just meant you don't need to give them your whole life story if they just ask you "business or pleasure?".....

Every time I cross, I brace myself for lots of questions and possibly a denial.

I remember one time when I was visiting and the Agent asked me where I was going and I told him Orange County.

He then asked me if I had any fruit. I said No. He then stamped my boarding pass and told me to have a nice trip.

It felt so weird getting through with only just two questions asked.