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TanguyAndJuliet

Canceling K-1 visa to do CR1

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Hello everyone!
My fiance and I are waiting for packet 3 from the embassy in Paris. We have been very stressed due to this whole process and just made plans to see each other later this month. We are debating the possibility of just getting married this month and canceling the K-1 application and starting over with the CR1 visa. We're both at a time in our lives where his emigration here will cause some financial hardship and would be okay with starting over with the CR1 route so we could both save up more money. We have not made a decision yet since we are already so close to getting his visa, we're just looking at our options. We are aware that we will have to be apart longer while it is processing, and we are okay with it. What are your thoughts? Would canceling the K-1 this late in the game be detrimental to obtaining a spousal visa?

Thank you.


"If you want to go fast, go alone. If you want to go far, go together."

K1 - 531 days between filing and wedding day


9-11-2014: I-129F sent

9-15-2014: I-129F received by USCIS

9-17-2014: NOA1

9-22-2014: Alien registration number changed

5-26-2015: Electronic NOA2 (251 days)

6-3-2015: Sent to NVC (8 days)

6-11-2015: NVC received, case number assigned (8 days)

6-19-2015: Left NVC (8 days)

6-22-2015: Arrived at embassy in Paris (3 days)

10-15-2015: Interview (APPROVED!) (115 days)

2-3-2016: POE at Washington Dulles (111 days)

2-24-2016: Our tiny civil ceremony (21 days) Finally married :wub:

AOS, AP, & EAD

4-29-2016: Packet sent

5-7-2016: NOA

6-6-2016: RFE via USPS (30 days)

6-17-2016: RFE response received by USCIS

8-9-16: EAD and AP approved (53 days)

Still no biometrics appointment due to issues with our local post office... :ranting:

9-2-2016: Ombudsman notifies us of investigation on our case

9-7-2016: Ombudsman sends biometrics appointment notice via email

9-9-2016: Biometrics appointment letter received via USPS

9-16-2016: Biometrics

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It would not have any effect, but I don't think anyone here would advise you to withdraw so close to the finish line. Packet 3 is as you would know 1 packet away from interview and possible issuance. IMO at this juncture you should just finish the process rather than withdraw now and have to spend quite a bit more on that visa initially and wait time of a year in some cases.


02 Aug 2012 -- Met online

23 Feb 2013 -- Relations began (L)

19 May 2014 -- Visited! :luv:

26 Jun 2014 -- Engaged :dancing:

15 Oct 2014 -- I-129F package finished and mailed to Dallas

17 Oct 2014 -- NOA1 (email) TSC

22 Oct 2014 -- ARN updated

13 May 2015 -- NOA2 (email) :dancing:

19 May 2015 -- NOA2 Hardcopy

4 June 2015 -- NVC received (I think lol) Case number assigned.

11th June 2015 -- NVC sent to Bridgetown

16th June 2015 -- Bridgetown received

17th June 2015 - PCKT3 received
30th June 2015 - PCKT4 received

9th July 2015 - Medical (too many needles :/ )

21st July 2015 - Interview date :goofy:

10th August 2015 - Approved

12th August 2015 - Issued

13th August 2015 - Visa in hand via DHL

24th August 2015 - US arrival (POE MIA)


I am the beneficiary

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Will not hurt your chances of getting the spousal visa approved. Will just be another petition fee of $420 for the I-130 to start the process, which will take around a year to complete.

The K-1 visa gives up to 6 months before entry, and you could delay the interview process as well, if you want to delay the entry and marriage. The petition can be extended by the consulate. Might be a better option than starting all over again.

9 FAM 41.81 N6.2 Validity of a K-1 Petition
(CT:VISA-2165; 08-21-2014)

An approved K-1 visa petition is valid for a period of four months from the date of USCIS action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States.

http://www.state.gov/documents/organization/87391.pdf


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Thank you for the responses. How could we go about extending the petition validity? Would sending a written letter directly to the consulate be best? Or should we submit everything Packet 3 asks and schedule the interview for a later date?


"If you want to go fast, go alone. If you want to go far, go together."

K1 - 531 days between filing and wedding day


9-11-2014: I-129F sent

9-15-2014: I-129F received by USCIS

9-17-2014: NOA1

9-22-2014: Alien registration number changed

5-26-2015: Electronic NOA2 (251 days)

6-3-2015: Sent to NVC (8 days)

6-11-2015: NVC received, case number assigned (8 days)

6-19-2015: Left NVC (8 days)

6-22-2015: Arrived at embassy in Paris (3 days)

10-15-2015: Interview (APPROVED!) (115 days)

2-3-2016: POE at Washington Dulles (111 days)

2-24-2016: Our tiny civil ceremony (21 days) Finally married :wub:

AOS, AP, & EAD

4-29-2016: Packet sent

5-7-2016: NOA

6-6-2016: RFE via USPS (30 days)

6-17-2016: RFE response received by USCIS

8-9-16: EAD and AP approved (53 days)

Still no biometrics appointment due to issues with our local post office... :ranting:

9-2-2016: Ombudsman notifies us of investigation on our case

9-7-2016: Ombudsman sends biometrics appointment notice via email

9-9-2016: Biometrics appointment letter received via USPS

9-16-2016: Biometrics

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Contact the consulate through email. Give them your case number and let them know you need to postpone your interview and ask if they can extend the expiration of your I-129F. Not sure how far out you can choose, but if you can choose a date that is far enough away that works for you, then go ahead and do that before emailing them to ask about the petition being extended.

They usually extend them automatically when you schedule an interview past the expiration of the petition, but cannot hurt to ask them and get it in writing that they are extending it for you.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Okay, knowing that is a possibility makes me feel a little better. Delaying the interview a month or two and taking into account the 6 month validity period of the K-1 should give us the appropriate amount of time. Thank you for your assistance!

Edited by TanguyAndJuliet

"If you want to go fast, go alone. If you want to go far, go together."

K1 - 531 days between filing and wedding day


9-11-2014: I-129F sent

9-15-2014: I-129F received by USCIS

9-17-2014: NOA1

9-22-2014: Alien registration number changed

5-26-2015: Electronic NOA2 (251 days)

6-3-2015: Sent to NVC (8 days)

6-11-2015: NVC received, case number assigned (8 days)

6-19-2015: Left NVC (8 days)

6-22-2015: Arrived at embassy in Paris (3 days)

10-15-2015: Interview (APPROVED!) (115 days)

2-3-2016: POE at Washington Dulles (111 days)

2-24-2016: Our tiny civil ceremony (21 days) Finally married :wub:

AOS, AP, & EAD

4-29-2016: Packet sent

5-7-2016: NOA

6-6-2016: RFE via USPS (30 days)

6-17-2016: RFE response received by USCIS

8-9-16: EAD and AP approved (53 days)

Still no biometrics appointment due to issues with our local post office... :ranting:

9-2-2016: Ombudsman notifies us of investigation on our case

9-7-2016: Ombudsman sends biometrics appointment notice via email

9-9-2016: Biometrics appointment letter received via USPS

9-16-2016: Biometrics

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