Jump to content

Recommended Posts

Two groups of thought on this:

 

K-1 offers an easy second chance, get married and file for a CR-1 if for some reason K-1 is denied. If a CR-1 some how is denied then there is a fight to overcome the denial. CR-1 tends to look more as a fully committed relationship. From what I see in the past K-1 has a higher denial rate than the CR-1 spouse.

 

Another pro/con has more to do with costs from petition filing to getting a green-card.

 

K-1:

  • $340 I-129F
  • $240 DS-260
  • $1080 I-485
  • Total: $1660

CR-1:

  • $420 I-130
  • $230 DS-260
  • $88 I-864 (If I-130 is filed in the states)
  • $165 Immigration
  • Total: $903 or $815

Lastly, if there are any potential step-children involved, K-1/K-2 is the only option if child is between age 18 and 20 because step parent would not be able to file an I-130 for step-child.

Link to comment

There is a child involved. She is 20 years old and is in the United States going to College at UCLA. We have not started the process so she will be 21 soon.

 

How does this effect the k1 visa process?

 

Brad

In either case she would be too old for her to get a green-card based on your relationship, she would have to go to China, be and be issued a K-2 before age 21 in order to get a green-card based on her mother's adjustment.

 

I know quite a few who attended college as a foreign student, who find a mate in college, and get married and then adjust status based on marriage to a US Citizen, or other options is they land a good job, and their employer sponsors them. My wife's niece is attending SMU in Dallas, she has recently married, and has filed her adjustment of status.

Link to comment

There is a child involved. She is 20 years old and is in the United States going to College at UCLA. We have not started the process so she will be 21 soon.

 

How does this effect the k1 visa process?

 

Brad

 

 

If you would like her to get a green card through her mother's immigration, she will need to apply for a K-2 visa, and use it to enter the U.S. before her 21st birthday.

 

Of course, she's already in the U.S., but the K-2 would be one potential path to a green card that is available to her, if her mother gets a K-1. This path is not available via the CR-1/CR-2 visas, since she is over 18 (she would not be recognized as your step-daughter/daughter for immigration purposes).

 

Other paths to a green card available to the daughter are through an I-130 filed by the mother AFTER she immigrates, through marriage to an American citizen, or employment.

Link to comment

 

There is a child involved. She is 20 years old and is in the United States going to College at UCLA. We have not started the process so she will be 21 soon.

 

How does this effect the k1 visa process?

 

Brad

 

 

If you would like her to get a green card through her mother's immigration, she will need to apply for a K-2 visa, and use it to enter the U.S. before her 21st birthday.

 

Of course, she's already in the U.S., but the K-2 would be one potential path to a green card that is available to her, if her mother gets a K-1. This path is not available via the CR-1/CR-2 visas, since she is over 18 (she would not be recognized as your step-daughter/daughter for immigration purposes).

 

Other paths to a green card available to the daughter are through an I-130 filed by the mother AFTER she immigrates, through marriage to an American citizen, or employment.

 

Yes, that would be another option, this would work well, in this case, once mother has green-card, she would file the I-130 for her daughter, and if daughter remains in school, the timing may work out that the I-130 would be assigned a visa number by NVC before daughter graduates, and if this happens, daughter would be able to file an I-485 based on the approved I-130 having a visa number, and adjust status that way.

Link to comment

Please sign in to comment

You will be able to leave a comment after signing in



Sign In Now
×
×
  • Create New...