# Best option out of a K1 and CR1 in light of the 2 year Home Residency Requirement?



## darrensmithctsa (Sep 18, 2011)

Hi all,

Firstly, I really, really appreciate any advice you are able to give me. I know that these issues are best dealt with by immigration lawyers but I am in South Africa and 1) I don’t think there are any US-immigration lawyer specialists located here and 2) US immigration lawyers are going to be extremely expensive considering the exchange rate. So I am currently investigating the options to understand which route I need to take, with or without the help of an immigration lawyer. My question pertains mainly to the quickest, cheapest and easiest route in light of the 2yr Home Residency Requirement (“2HRR”).

Here’s the situation. I am a male South African citizen, 27 years old with 3 degrees. I have been to the US on approximately 8 J1 visas (ski resort work, 3 months each time, none subject to the 2HRR), the last J1 visa was to do a masters degree in law and the visa was subject to the 2HRR. I have calculated that the 2HRR will end on approximately 22 February 2013.

I have been dating a US Citizen (20 years old, full-time student) that I met while doing my masters degree for the past approximately 21 months (I have trip itineraries, photos together, gift receipts online, phone records, letters, Skype conversations, instant messaging conversations, can get affidavits from both families etc. to show this relationship). She has been to South Africa this past December, I visited her in February, she came to South Africa in July and she will be coming back this December over Christmas. I would like to propose to her when she comes out in December and ultimately move to the USA to be with her. I have a job contract that must be completed here, in South Africa, and the job ends on 14 March 2013, after which I would like to move immediately to be with her – the love of my life.

I have read up about the K1 visa. This visa is specifically for purposes of me marrying my current girlfriend and involves her filing a petition in the USA, me attending a consular interview and then me going over to marry her, all within their respective time periods. However, I believe that one cannot get the K1 visa while the 2HRR is running and we could only start the process of applying for this visa after 22 February 2013 (i.e. I can’t apply for the K1 visa around May 2012 so that after all processing times the visa is issued when the 2HHR expires and I could fly to the USA to marry her immediately after 14 March 2013 when my job ends) and this could mean that I might only be able to go back to the USA to be with her in about September 2013 after the K1 is processed (provided there are no errors in the process). Furthermore, I would still have to go through the adjustment process once arriving and married (costing more money).

On the other hand, there is the option of applying for a CR1 visa or K3 visa (it is my understanding that the CR1 visa in my instance would be better than the K3 visa because I can wait the extra bit of time it takes to get the CR1 visa because I am subject to the 2HRR anyway and then I don’t need any adjustments etc. – correct me if I am wrong). The CR1 process would involve me marrying my current girlfriend in South Africa (such a marriage would be recognised in the USA, I know this for a fact) and then the visa application process (I-130) can take between 5 months and 1 year but would not require an adjustment of status. The cost of her flying out here is not an issue because I will fly her out here next June anyway. However, I believe that with the CR1 I can apply before the 2HRR is completed, provided the visa is issued/I leave to go the USA after the 2HRR has expired i.e. I can marry my girlfriend in May 2012 and apply then for the CR1 and it can be processed in the meantime so that it can be issued sometime after 22 February 2013 (2HRR end). 

My question thus centers around the best way for me to immigrate to be with her i.e. what visa should I look at using? (Again, my job ends 14 March 2013 and the 2HRR will end on approximately 22 February 2013. Also note: I have every intention of following the laws and not violating the 2HHR – especially since it completes just before my job does so wouldn’t make sense for me to not finish my contract but I would like to be with my girlfriend as immediately after 14 March 2013 as possible). My understanding is that the CR1 could take a little longer than the K1 visa (some websites have said it is almost the same time nowadays?) but the CR1 might turn out cheaper in the long run (all things considered and disregarding paying for the flight out to South Africa to get married) and it would be a little easier because it wouldn’t require an adjustment later and the marriage would be recognised. Furthermore, and more importantly, even considering the longer time for a CR1 visa, the fact that the CR1 can be applied for pending the completion of the 2HRR means that I could apply for it in approximately May 2012 and perhaps receive it and go to the USA around March/April 2013 whereas the K1 cannot be applied for during the 2HHR and would mean that I would only receive it and be able to go to the USA around September 2013. So, ultimately, cost and ease and the timing (in light of applying for a visa and the 2HRR) would suggest that it would be best for me to marry her in RSA and go the route of the CR1?

I’m sorry this was a bit of a mouthful, but I know that the facts are important in all these cases. I appreciate any advice you are able to give me and please feel free to correct me or elaborate as you see fit.

Have a great day!
Darren


----------



## darrensmithctsa (Sep 18, 2011)

Nobody have any thoughts? I'd really appreciate any help on offer...


----------



## Fatbrit (May 8, 2008)

Go CR1.


----------



## Davis1 (Feb 20, 2009)

Fatbrit said:


> Go CR1.


I concur


----------



## darrensmithctsa (Sep 18, 2011)

Hi guys, thanks so much for the opinions!

Does that mean that people concur with my analysis of the issues then? I.e. that I can apply for the CR1 concurrently while my 2HRR is running such that the CR1 can be issued when the 2HRR ends?

Furthermore, has anyone used any immigration attorneys to handle an I-130 process that are not exorbitantly priced (especially bearing in mind that the Rand/$$ exchange rate makes it that much more expensive...), preferably ones with South African immigration experience? I have done every other visa myself in the past (and I am an attorney so typically do know how to figure everything out) but I need to make sure that the timing is perfect and doesn't get thrown out by incorrect documents being supplied/incorrectly filled out...

Thanks so much!
Kindest regards,

Darren


----------



## Davis1 (Feb 20, 2009)

you can apply for a waiver of the HRR

Step-by-Step Guide on How to File an I-130 for Relative (spouse) Outside the US

the only real problem is can the US citizen come up with enough earning for the Affidavit of support


----------



## darrensmithctsa (Sep 18, 2011)

Hi Davis1,

Thanks for the advice. Her parents are more than willing to co-sponsor but I'm highly qualified and will have savings to start up with (and my personal pride and respect would never let me become a public charge (although I appreciate that the US Govt can't simply take my word for it)). So the affidavit of support won't be a problem, I don't believe.

I don't think I would be too keen on applying for the waiver - I am OK with sticking out the 2HRR because I have a job contract here in RSA until mid-March 2013 (2HRR terminates end of February 2013) and she is going to be finishing up her degree in the May so the timing works really well for all that - just need to make sure I can time everything so that I can be over there approximately April 2013 so I can set up a place for us to live in NY (she'll be studying further in NY)...Also won't have to pay the extra fees and give the Govt the impression I am trying to work the system and get out of everything...

That link you provided (by the way) was amazing, thanks so much!

I take it most people just do everything themselves then?


----------



## Fatbrit (May 8, 2008)

darrensmithctsa said:


> Hi guys, thanks so much for the opinions!
> 
> Does that mean that people concur with my analysis of the issues then? I.e. that I can apply for the CR1 concurrently while my 2HRR is running such that the CR1 can be issued when the 2HRR ends?
> 
> ...


Your analysis was spot on -- you'd done your homework and there was nothing to add!

Timing is difficult -- scour the web for timelines out of SA. They're not as commonly found as, say, London, so it's more difficult to find the average. Also, you never know when yours is the file that gets lost behind the desk!

Your only non-standard part for a DIY is the fact you've already been here in J status. Make sure you have full documentation for that so they're not waiting for proof to tick off the "meets HRR" requirement.

I assume the I-130 can run concurrently with the HRR clock. The I-130 stage merely has DHS establish that the petitioner is a USC and the alien is an immediate relative. Trawl the I-130 forms and see if they even ask whether the alien has been in the US under a non-immigrant status. AFAIK, that's only going to come into play in part 2, the actual visa application, where DOS checks your eligibility for the benefit.


----------



## Ducass (Aug 4, 2011)

I have said this before on this forum but here goes, short and sweet...

I got all my CR! visa docs together (criminal clearance, army discharge (i am that old!), health checkup, birth certificates etc) this took about 6-9 months to accomplish.

I made an appointment at the consulate for 2 weeks later (Interview for me and my wife (USC). I did the interview, I had my CR1 visa approved within 24 hours and I got on a plane basically straight away.

My CR1 essentially took 1 day to approve from my interview .


----------

