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k1 vs cr1 and foreseeable problems

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  • k1 vs cr1 and foreseeable problems

    Hi everybody, first post and i apologize in advance because its one of those help!!! posts...

    a little background info on my current situation:

    Me : 27 year old, dental student, US citizen, male.
    Fiancé: 29 year old, unemployed, Chinese citizen, female.

    We met a little over a year ago while I was on vacation in my home town Shanghai, and clicked right away. Bona fide relationship, with many many trips together, pictures, boarding passes, passport stamps, cards, etc... We've spent more than half the year together, traveling to and from the States and China. I'm leaving in March to see her again.

    Problems: I am a students so I have 0 income but my parents will co-sponsor. We both have savings but it probably sums up to only 50-60k max USD. Are there any other foreseeable problems with our case? What is the fastest route, K1 or CR1 for our situation?

    Also, she has a tourist visa valid till 2014, can she still travel on that visa during the whole k1/cr1 process?

    We can get married in either country we don't mind, and the difference in cost doesn't really matter since a plane ticket is at least 1-2k... Thanks!
    Last edited by jkim; 01-28-2013, 04:22 PM.

  • #2
    I-130 seems to take a bit longer to process for the moment, compared to I-129F. TSC and VSC are currently processing I-130 petitions from May/June 2012, while I-129F petitions are processed within five months. How long time your fiancée would have to wait for an interview in China depends on the Embassy and their availability. The K1 route is faster if she wants to move to the US as soon as possible, but it’s probably faster to go with the CR1 if she wants to become a LPR as soon as possible. The two drawbacks with the K1 are that it is more expensive and that you have to go through the AOS process.

    She can theoretically use a tourist visa to enter the US, but the decision is made by the CBP officer. Having a USC spouse can cause issues if they know about it.

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    • #3
      Originally posted by jkim View Post
      Hi everybody, first post and i apologize in advance because its one of those help!!! posts...

      a little background info on my current situation:

      Me : 27 year old, dental student, US citizen, male.
      Fiancé: 29 year old, unemployed, Chinese citizen, female.

      We met a little over a year ago while I was on vacation in my home town Shanghai, and clicked right away. Bona fide relationship, with many many trips together, pictures, boarding passes, passport stamps, cards, etc... We've spent more than half the year together, traveling to and from the States and China. I'm leaving in March to see her again.

      Problems: I am a students so I have 0 income but my parents will co-sponsor. We both have savings but it probably sums up to only 50-60k max USD. Are there any other foreseeable problems with our case? What is the fastest route, K1 or CR1 for our situation?

      Also, she has a tourist visa valid till 2014, can she still travel on that visa during the whole k1/cr1 process?

      We can get married in either country we don't mind, and the difference in cost doesn't really matter since a plane ticket is at least 1-2k... Thanks!

      You cannot use her income/saving for the sponsorship. K1 is definitely faster and she can travel here during the process, travel visa will be canceled once K1 is approved.

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      • #4
        I have a similar situation and just wondered if you have an updates on your situation.

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