Nowadays, with the rapid development of information technology and social networks, geographical distance and cultural differences are no longer obstacles for people, especially for young people. The differences in lifestyle and customs between countries further stimulate the inquisitive and exploratory nature of people in modern society. Starting from exchanges and learning new languages, cultures, national identity... people are connected, understanding each other and gradually becoming strong, inseparable bonds. That is demonstrated by transnational love stories and generations of multi-ethnic families. Therefore, the need for sponsorship for fiancé(e) or marriage is the highest among all non-immigrant/immigrant sponsorships between Vietnam and other countries, especially the United States. Guidestar Edu with the mission of connecting and developing people in this immigration field, we will help you open the doors of knowledge to pursuit your dream. Follow and stay updated through the topics with us!
Do you wonder how many types of marriage sponsorship are there?
- Depending on whether the sponsor is a U.S. citizen or permanent resident and how long the marriage has been, marriage sponsorship is divided into 4 types of sponsorship:
·Fiancé(e) sponsorship:
oK1 Visa – U.S. citizen sponsors fiancé(e).
·Spousal sponsorship depends on the sponsor and the length of marriage and is divided into 3 types of visas as follows:
oCR1 Visa – U.S. citizen sponsors spouse who has been married for less than 2 years.
oIR1 Visa – U.S. citizen sponsors spouse married for over 2 years.
oF2A Visa – Permanent resident sponsors spouse and unmarried children under 21 years old.
In this topic, we will compare the conditions, processing time, advantages and disadvantages of the first two Visa types. In the further topics, we will answer questions about the remaining. From there you make your best choice which category to open your case. In general, both K1 and CR1 Visa have the same purpose but different requirements and limitations.
1. What is the K1 Visa?
-The K1 Visa is a fiancé(e) visa, a nonimmigrant visa that allows your fiancé(e) to enter the U.S. for 90 days for the purpose of marriage. After marriage, your fiancé(e) can apply for adjustment of status to become a lawful permanent resident (green card).
2.What is the CR1 Visa?
-The CR1 Visa is a spousal sponsorship, also known as a conditional resident, which is an immigrant visa that allows your spouse to enter the U.S. as a lawful permanent resident. Unlike the K1 visa, the CR1 visa allows your spouse to enter the U.S. for the purpose of permanent residence.
Here is a comparison table of the specific similarities and differences between the two sponsorships:
K1 Visa | CR1 Visa | ||
Similarities | Both require the petitioner to be a U.S. citizen. | ||
Pre-application requirements | - Petitioner and beneficiary met each other in person at least once within the 2-year period before filing the petition except you can proof you are the special case to request for a waiver. - The petitioner can only apply for K1 visa twice in life time. | - Must be lawfully married (providing a valid marriage certificate) before filing the petition. | |
Post-sponsorship requirements | - The marriage must take place within 90 days of the fiancé(e) entering the U.S. - After marriage, must filing for the Application to Register Permanent Residence or Adjust Status. | - There are no mandatory requirements. | |
Processing time | - About 12-18 months (previously only about 8-10 months, at the present K1 Visa processing speed is equal to or even longer than the CR1 Visa). | - About 12-18 months (this may vary from time to time). |
What are the advantages and disadvantages of the K1 and CR1 visas?
1.K1 Visa:
·Advantages:
-Sponsoring accompanying children, no need to open separate case as long as the child is under 21 and unmarried, the child is eligible to come to the U.S. on a K2 Visa.
-Privileges for same-sex sponsorship as the Vietnamese government has not yet enacted a law on same-sex marriage.
-Once the U.S. Consulate receives the approved petition from the NVC, you can proactively schedule an interview appointment after receiving the PKT3-K instruction letter from the U.S. Consulate.
-It does not take too much time to register for marriage in Vietnam with cumbersome procedures.
·Disadvantages:
-Cost of mandatory status change after marriage in the U.S with a total Government fee of $2,330 USD excluding medical examination fee at U.S clinic, lawyer fee, translation fee...
-After being in the U.S., the beneficiary will not be able to grant a green card, cannot work, cannot leave the country without changing resident status...
2.CR1 Visa:
·Advantages:
-No need to pay for the Government fee of status change, only pay Green card fee of $235 USD.
-After being in the US, there are many benefits such as: being granted a green card, being able to work immediately, being granted a Social Security number (SSN), being allowed to leave the country for no more than 12 months...
·Disadvantages:
-Sponsoring accompanying children must open a separate CR2 Visa and the accompanying child must satisfy 2 conditions:
§Parents sponsoring in the CR1 Visa must be married before the child turns 18.
§The child must be unmarried and under 21 years old before filing the petition.
§It is complicated procedures and takes time to be able to register for marriage in Vietnam, including the Certificate of Single Status (for a U.S. citizen), a mental health examination...
These K1 and CR1 Visa are the 2 most popular U.S. immigration marriage sponsorship. Hopefully the above summary information will partly answer your questions. Please do not hesitate to contact for advice. Hope this help you to make the right decision!
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