People are so quick here to push for the CR-1 visa over the K-1. I don't understand it.
According to the VJ trends pages, K-1 is currently about 2 months faster than CR-1. Does the OP here, who is already 4 months into the process, really want to start over?
This average also hides the immense country-dependence of the CR-1, something that I rarely see mentioned on this forum by the CR-1 advocates.
I analyzed the timelines pages to get a sense of how much beneficiary country matters for each visa type, my methods are below:
· For K-1, I pulled the “Avg. Days btw consulate received and Interview” times for each country,
· for CR-1 I pulled the “Avg. Days btw NOA2 and Interview”
· To account for the difference in data presentation, I then added 98 days to each K-1 number for NOA2->NVC-> Consulate received status.
· This gets me an NOA2->Interview time that’s directly comparable to the CR-1 number.
Now that I have post-NOA2 numbers for K-1 vs CR-1, I’ll trim the most extreme outliers and find the difference between 3rd quickest country and 3rd slowest country.
· For K-1, there’s a 148 day spread (263 in Vietnam, vs 115 in Chile).
· For CR-1 there’s a 558 day spread (644 in Ethiopia vs 86 in Chile).
WOW. That spread is huge, beneficiary country matters a ton for CR-1, but not as much for K-1.
But wait you say – what matters is the difference in wait time between K-1 and CR-1 for any particular individual, not the spread within each visa. Well, I crunched the numbers on that too.
· Using the timeline data from before, I added 43 days to the K-1 values to account for the current difference in NOA2 times (388 days vs ~345 days)
· Then, for any countries that had entries in both the K-1 and CR-1 timelines, I subtracted their average NOA1->Interview times to get a “K-1 vs CR-1 wait time differential”
· I’ve summarized the results in the table below
Time Difference
Percentage of Filers
31-100 days faster for CR-1
12.6%
1-30 days faster for CR-1
13.5%
1-30 days faster for K-1
16.7%
31-90 days faster for K-1
22.8%
91-180 days faster for K-1
9.0%
181-360 days faster for K-1
15.9%
361-650 days faster for K-1
9.5%
If you were choosing between K-1 and CR-1, wouldn’t you really want to know if you were in the 25% of filers where K-1 is 6 months to 2 years faster? Even if you need to wait 5 months for EAD (the current average time), you’d still be able to start working in the US quicker on a K-1 visa than on a CR-1.
For emphasis, over 25% of filers would be able to get American jobs FASTER by filing for a K-1 vs a CR-1. This also affects the cost difference between the visas - in many cases, the wage difference working in the US vs. the fiancee’s home country would make up for the extra adjustment of status costs within a month or two. For filers in those countries, a K-1 is strictly superior to a CR-1. You get to unite faster. You end up with more money in your pockets. AND your fiancée gets a long vacation off work while getting used to their new life. The only reason they would ever want to file CR-1 is if they somehow want to spend the first few years of their marriage physically apart. That’s not something I’d ever want for myself - but I guess for some, long distance marriage could be a lifestyle choice?
Anyway, on the other extreme, the maximum time gain for a CR-1 for any country was about 100 days. Any K-1 filer who decides to switch to CR-1 would be delaying their approval unless they can get married, travel to their fiancee’s country, and file an I-130 all within 100 days of their I-129f NOA1. The cost of travel (and the sunk cost of the I-129f petition) counts against the cost savings of a CR-1, so overall swapping visa types is unlikely to save much time or money for the filers, and in many cases will take longer or cost MORE than sticking with K-1.
Lastly, if we move past the empirical aspects of each visa, there are also personal/emotional aspects. Not everyone feels ready to immediately enter in to the financial/legal/religious (if applicable) commitments and obligations that marriage entails. Some people despise the idea of being in a lost distance marriage. Advising someone to get married just so they can petition for an (often not actually) “better” visa has always seemed to me like it discounts the human aspect of the relationship. On a personal level, when my fiancée and I started to discuss moving and visas, her questions were “how can I be with you the fastest”, not “what’s the quickest way to get a green card” or “I want to start earning US wages ASAP”. For us, a K-1 was the best visa. It’s the same for many, many other couples as well.