(Closed) HELP! K-1 or CR1? Pros and Cons

posted 6 years ago in Long Distance Relationships
Post # 3
1373 posts
Bumble bee
  • Wedding: March 2014

Disclaimer: I am not a lawyer and my advice should not be taken as legal advice. I’ve just read visajouney.com and pieced together a bunch of stuff. Visajourney.com is a GREAT resource!

S/O and I are planning on doing CR-1. The plan is that he’ll come here, we’ll get married, he’ll continue visiting me while I file the paperwork (he can be in the US for six months at a time and has a super flexible work schedule) then he’ll return to his country for medical and visa interviews. Once he has his visa, he can wrap things up with his work, send some time with his family and get ready for the big move. Once he enters the US with his CR-1, he will be eligible to work pretty much right away and will not have to go through the AOS process.

We prefer CR-1 for a few reasons. First off, it will probably minimize the amount of time we spend apart. From what I can tell. K-1 processing times are like, two months faster than CR-1, but he’ll be able to stay with me on his B1/2 visa while we begin the process. Two, it appears that CR-1 will be about $1000 dollars less expensive than K-1. Three, he will be able to start working faster because he will not have to wait for AOS like he would with the K-1 visa.

What you don’t want to do is marry him while he’s in the US and then he stays and does AOS. Lots of people do it, lots of people succeed. But the consequences for getting caught are really severe and people not doing marriage immigration right screws over people who want to come to the US purely for visit/tourist purposes. You probably already know this, but plenty of people will try and convince you otherwise.

That seems to be the best option for our situation (although our plan could change), your situation is unique and I can’t tell you what would be the best. I do advise you to start reading visajourney; it will help you get your bearings.

Post # 4
2555 posts
Sugar bee
  • Wedding: April 2013

absolutely do not get married in the US and then file cr1.it can be considered fraud as the intent of the trip to the us on a tourist visa HAS to be tourism.


it is quicker if you get married in his country and go the CR1 route.

the k1 can take up to a year. if you start RIGHT NOW though you guys can totally be living together by the end of this year at the latest AND you can visit in the meantime.

Post # 5
1373 posts
Bumble bee
  • Wedding: March 2014

bebero Actually you can get married in the US and file CR-1. The problem is when people come over to get married and then file AOS. That’s fraud because it circumvents the immigration process, but CR-1 IS an imnmigration visa so as long as it’s filed and he returns to his home country (before his visa period is over; overstays are Very Bad) for the interview and issuing of the visa, it’s perfectly legal. 

Intent to marry isn’t considered fraud (after all, the US makes money from people coming here for destination weddings), but intent to immigrate without going through the proper immigration channels IS considered fraud.

Post # 6
4655 posts
Honey bee
  • Wedding: December 2011

@xSparr0w:  I got my CR1 visa in September 2012. It took 9 months, but that is on the fast side, being totally diligent and on top of everything step right away. Most people it takes closer to 12 months.

check out http://www.visajourney.com the people are SO knowledgeable and there is so much info to be gained there. pm me any questions at all – i’ve just gone through the whole process!

Also, this girl’s blog has a wealth of information: http://journeythroughimmigration.blogspot.ca/

The topic ‘HELP! K-1 or CR1? Pros and Cons’ is closed to new replies.

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