I have read both pros and cons about a CR-1 visa vs. a K-1 visa. What is your opinion? And why is one better than the other?
Question
I am about to go and marry this fine lady (leaving May 13th) – I have read both pros and cons about a CR-1 visa vs. a K-1 visa. What is your opinion? And why is one better than the other etc. I feel it is better to marry in China for her family’s sake, then file the CR-1. Also what are your fees?
Answer
Scott, Thank you for your inquiry. At this time, I see substantial advantages in most cases in processing a CR marriage visa as compared to a K1 fiance visa. The fact that you have already spent time in person before considering marriage is good. It would likely be a mistake to marry in China on a first visit.
Timing
On average, a marriage visa is currently taking several weeks longer to obtain than a fiance visa. Timing changes and each consulate is different, so you need to contact an immigration attorney for a reasonable timing estimate.
Green Card
A major advantage of the marriage visa is that we can preprocess a green card so that the foreign spouse obtains the marriage visa and is also preapproved for a green card. When the foreigner arrives in the U.S. he or she is already green card approved.
A fiance visa must be completed in two steps: First, we bring the foreigner to the U.S. on a fiance visa, then the couple marries in the U.S. After marriage, the foreign spouse remains in the U.S. to apply to become a permanent resident green card holder based on the marriage.
Marital Rights?
Marrying abroad does not guaranty her entry to the U.S. From an immigration standpoint, marriage is a piece of paper. The fiancee and spousal visas are both good and valid visas. The closeness of the relationship is what matters more.
Visa Refusal
There are procedural advantages to the CR marriage visa in the event of a visa refusal. There is also a bit more leverage with the CR visa in event of a lawsuit. A lawsuit is rare, but when battling against a visa refusal we need to argue based on legal principles. Having the ability to sue helps in negotiations.
A K fiancee visa refusal is very difficult to overcome since a K1 refusal has less procedural protections. An immigration officer might feel somewhat more confident in denying a K1 without having good cause because there is not much we can do about it other than to try and limit damage to the foreigner. If denied a fiance visa it is important to make appropriate objections for the record because a visa refusal can hurt any future chances on a refiling either as a fiance or spouse.
Children
A fiance visa is preferable if the foreigner has a child over the age of 18 years. On a fiance visa, it is possible to immigrate an unmarried foreign dependent child to the U.S. up to the age of 21 years. By comparison, a child must be under 18 to qualify if you marry first and then immigrate your spouse on a marriage visa. I’ve had clients with older children divorce and process on a fiance visa just to immigrate the child.
Prenuptial Agreements
It is generally better to bring the foreigner to the U.S. as a fiance and enter into a prenuptial agreement than to try to have the foreigner sign a prenups. outside the U.S. There can be enforcement problems in the event of a divorce and law suit if your witnesses to the prenups. are overseas. You need to discuss this issue with a family law attorney in your State who has experience with prenups. I sometimes work with family law attorneys regarding the impact of immigration on prenups. and vice versa.
I have been an attorney for more than 20 years and have managed 14,000 cases, including many hundreds out of China. I’ve successfully sued on a K1 China case and have a working knowledge of procedures to help protect your interests. Our fees are reasonable and depend on your situation.
Kind regards,
Allan
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Hello.
I’m an American citizen married to a Colombian wife. We were married on 8/14/2009. I’ve just returned to the U.S. after having lived in Medellín for about a year and a half. I taught English there. But, due to not being able to earn enough there to support my wife and her two children, I’ve returned to the states to hopefully find a better opportunity. While I was there, my wife went to the embassy in Bogotá twice to apply for her visa. She was turned down both times. We don’t understand why, as all the necessary paperwork was done perfectly.
What do I have to do to get my family to the U.S.? Which document should my wife and I try to obtain? I hope someone can help us, because we are beginning to wonder whether or not we’ll ever be able to be together here.
Terry,
Was she applying for a marriage visa with dependent visas for the children? Being married does not give your wife a right to be in the U.S. The U.S. government has discretion whether to grant a visa to her and the children.
I work with a lot of couples who’ve been denied immigrant visas to the U.S. There is not enough information to make a comment. You are welcome to call if you have an interest in the possibility of working together with me on her immigration filings. My number is 1-888-483-0311 (toll free from the U.S.). I hope to hear from you.
Kind regards, Allan
Hello,
I have a dual citizenship with USA and Belarus. I have a boyfriend in Belarus that I have known for many years, since childhood. He has already applied for a travel visa once and got denied… We are not married, and he has never been to the US. What is the best way to get him over here with minimizing the risk of being permanently banned? I would love to marry him. If I fly over to Belarus and marry him there, will he be able to get a visa and come to the US? Should he get a work visa instead? I am absolutely clueless on how to do this right, and all I need is to get him to the US. Thank you very much in advance!
Tatiana,
Thanks for asking. It’s important to try and avoid being denied for any visa. Immigration is all positives and negatives added up. If he was open and honest on his B visa application, then this is a small negative. Try to apply for a visa only when you are reasonably certain it will succeed.
Generally, work visas are reserved for foreigners who have job skills that are not available in the U.S. market. If a company can hire a U.S. resident, then a work visa will likely be denied. There are a variety of work visa possibilities. Generally, when someone has a strong academic and work history, they know that some sort of visa should be possible. Here is a blog post on various ways to come to the U.S.: What are the Different Ways to Come to the U.S.?
If you marry your fiance while visiting Belarus, you cannot immediately bring him to the U.S. unfortunately. He still needs to go through immigrant processing. It will take months. You are welcome to call me to discuss whether it makes sense in your case to marry when you go to Belarus. My number is 1-888-483-0311 (toll free from the U.S.). I would be glad to discuss.
Kind regards, Allan
We have decided to use u for our processing, I have a question. Do u mean because I have been refusal for B visa my affect my chance of coming to the state thru marriage!
Dare,
Thank you. Being refused for any visa is better than not refused. Your immigration history is always relevant to future efforts. Very often, a B visitor visa refusal is a small negative, but that really depends on what you put on the B visa application. If you put you wanted to see your fiance in the U.S., this helps because it supports your relationship. If you put something else, then an officer can wonder about your relationship with your fiance in the U.S. All immigration filings make a history and will tend to cause an officer to pause and focus, and look for problems.
Kind regards, Allan
I am a Jamaican and my bf of 5 years recently moved to america and has his greencard. He’s planning to marry me so I could come to live with him in America. Will this be hard and how long will it take?
Alecia,
It will likely be about 3 1/2 years because he is not yet a U.S. citizen. During that time, he will likely need to visit you in Jamaica. Here is some information regarding your situation:
https://asl-lawfirm.com/blog/green-card-holder-immigrating-foreign-spouse/
Kind regards, Allan