CR1 vs K1: Why We Chose the CR1 Visa for our Marriage Green Card

December 10th, 2023

K1 Fiance Visa vs. CR1 Spousal Visa

When it comes to the United States marriage green card process, the two most popular options are the K1 “Fiance” Visa and the CR1 “Spousal” Visa. As one may assume, the main difference in these visa applications is engagement requirement versus the marriage requirement. Aside from this qualifying relationship status, there are also some very important differences for the beneficiary between the fiance and spousal visa.

Time

When it comes to which route is faster, most of the experts and attorneys claim that, as it currently stands, the CR1 visa is slightly faster. However, it is so minimally faster that they equate the processing time to be comparable.

Although the spousal visa may be slightly faster, I want to be very clear that the K1 visa would have allowed us to be together the fastest. After applying for the fiance visa, we would have waited a period of time before it would be approved (estimated time anywhere from five to ten months). Once her K1 visa would have been approved, Jessica would have legally been able to move to Los Angeles to begin her life with me. She would have, of course, been required to marry within 90 days of entering the country and then she would complete the rest of her green card journey, her “adjustment of status,” here in the United States. Then, why would we elect for the CR1 visa instead?

Restrictions and Limitations

Yes, Jessica and I would have been able to start our lives together sooner if we applied for the K1 visa, however, Jessica would have started her life here in handcuffs. Once the K1 visa beneficiary enters the United States, he or she cannot legally leave the US until he/she obtains his/her green card. If the beneficiary should leave the country before obtaining his/her green card, he/she jeopardizes the visa that allows legal residence. In order to leave the country, the beneficiary must apply for an advanced parole travel document which will not only take time but also come at a cost.

In addition to being trapped in a foreign country, K1 fiance visa applicants will not be allowed to legally work upon entry to the United States. In order for a K1 beneficiary to work, he or she must obtain a work permit. Once again, this process requires time and fees.

Cost

The cost of these processes were the least of my worries, however, it must still be considered. The CR1 visa is considerably cheaper than the K1 visa. The CR1 visa is one application that is accompanied by fees. Once the CR1 visa is awarded, the beneficiary is granted legal entry to the United States and then he/she will receive his/her green card in the mail. The K1 visa process, on the other hand, is like two application processes into one. The first application process is to get the visa that allows the beneficiary entry to the United States. The second application process occurs after entry to the US and after the marriage: the adjustment of status. Although the adjustment of status period requires more forms, more fees, and takes considerable time, it at least occurs in the United States where the beneficiary will already be united with his/her spouse.

Everyone must factor their own particular and unique situations before deciding which route is best for them. I personally felt that the CR1 visa application was the better of the two and fortunately so did Jessica. Ironically, our reasoning revolved around a concept that was instrumental in the founding of my country: freedom. I did not want Jessica and I to start our lives without Jessica being able to spread her wings; I don’t want anything to dull her shine.

Contrary to the popular belief of a few of my ignorant American friends and colleagues, Jessica did not grow up in a favela in Rio de Janeiro and she does not own a pet monkey. Jessica is incredibly intelligent, college educated, and has an incredible and highly selective career where she earns a respectable and comfortable living. Her having to give up the luxury and freedom of travel and the ability to work is a lot to ask (I am already asking her to move her entire life halfway across the world) and it would be a step down from where she currently stands.

In addition to not needing any rescuing, Jessica also has the ability to travel as do I. Not everyone is in the unique and fortunate situation we are in where we have the ability to travel to see each other far more often than the average inter continental relationship. We are so lucky that being capable of continuing to travel to each other allowed us to even consider both visa options.

Finally, I had my own personal concerns and hesitations when it came to the K1 visa because of my current housing accommodations. My apartment in Los Angeles is in a very central location and the unit has everything I could want: air conditioning, heat, garbage disposal, and in-unit laundry. It’s also relatively new as I was the first tenant to move into this newly renovated apartment back in 2018. There is one small problem: it is small. It doesn’t feel too small when there are two people living and working in it but I myself feel the apartment shrinking in size when I stay home too long. Jessica would be here without the ability to travel and without the ability to work. The last thing I ever want is for her to develop resentful and regretful feelings after moving here.

I have had the privilege of living in San Francisco, Montana, Alabama, Mississippi, Georgia, Texas, Athens Greece, and now Sao Paulo Brazil for a minimum of six weeks and as long as 8 months. I am very aware that homesickness is real and powerful. I fully expect my wife to have some rough times where she is immensely homesick. Just knowing that I had the option of going home even temporarily to cure my homesickness was comforting. I imagine and assume that it would only have been exponentially worse had I knew that I possibility of going home was taken from me.

After all of our consideration, we obviously elected for the CR1 spousal visa and I still stand by our choice. Although it pains me to not have Jessica with me, I sleep easier knowing that, when she finally arrives, she will be totally free to do whatever she wants and we will be free to truly start our lives together without any shackles or ties.