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K1 or K3 which is better?

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Filed: K-1 Visa Country: Vietnam
Timeline

I recently refiled a K1 visa but under advice from a friend I am wondering if I should go back to Vietnam and get married then file K3. Can the COs fail her just as easily? They denied us for "no proof of legitimate relationship" wouldn't getting married take care of this? If you are married why deny you now? I am just worried we could get turned down again on a K1.

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Filed: Country: Vietnam
Timeline

I recently refiled a K1 visa but under advice from a friend I am wondering if I should go back to Vietnam and get married then file K3. Can the COs fail her just as easily? They denied us for "no proof of legitimate relationship" wouldn't getting married take care of this? If you are married why deny you now? I am just worried we could get turned down again on a K1.

Clay since you already spent the money, I would let the K1 run its course, that or try to have it stopped I am not sure if you can change in the middle of things, and with the way everything works, I would say that is impossible. They can deny a CR1 visa just as easy as a K1 visa, and there were a few people that were denied last year. Yes it would help prove that you do have an ongoing relationship since you came back and then got married, but it is still not a sure thing, if you stop your K1 visa now then you dont risk getting a NOID as Frank did, but you have also wasted your $455 filing fee as I have said in countless emails with you, there is no guarentee on anything, it depends on the case, and the CO doing the interview. I have noticed that most people who refile after a first denial seem to get approved, but I am sure there are some people that do infact get denied the second time as well. If you change right now you will still save about $500 in the entire process as the CR1 cost about $1000 less than the K1 from start to finish, so taking into count you have already spent $455 you would still save $500, it might be worth it, just dont stop one petition thinking that another is a sure thing, as we all know in HCMC there is no sure thing, accept luck of the draw. Jerome

小學教師 胡志明市,越南

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

We failed 2 interviews, so being married is no guarantee that you would get a visa.

Edited by Kevin and Tuyen

CR-1 Visa

I-130 Sent : 2006-08-30

I-130 NOA1 : 2006-09-12

I-130 Approved : 2007-01-17

NVC Received : 2007-02-05

Consulate Received : 2007-06-09

Interview Date : 2007-08-16 Case sent back to USCIS

NOA case received by CSC: 2007-12-19

Receive NOIR: 2009-05-04

Sent Rebuttal: 2009-05-19

NOA rebuttal entered: 2009-06-05

Case sent back to NVC for processing: 2009-08-27

Consulate sends DS-230: 2009-11-23

Interview: 2010-02-05 result Green sheet for updated I864 and photos submit 2010-03-05

APPROVED visa pick up 2010-03-12

POE: 2010-04-20 =)

GC received: 2010-05-05

Processing

Estimates/Stats : Your I-130 was approved in 140 days.

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I recently refiled a K1 visa but under advice from a friend I am wondering if I should go back to Vietnam and get married then file K3. Can the COs fail her just as easily? They denied us for "no proof of legitimate relationship" wouldn't getting married take care of this? If you are married why deny you now? I am just worried we could get turned down again on a K1.

Get married, and go for CR1, good luck. :thumbs:

I-130 Journey

USCIS

06-15-2008 : Marriage

08-16-2008 : I-130 Sent

08-18-2008 : I-130 Received

08-22-2008 : I-130 NOA1

02-02-2009 : I-130 NOA2 Approved 164 days from NOA1

NVC

02-04-2009 : Visited my wife for 2 weeks. 02-22-2009 come back to US

02-11-2009 : Received package from NVC

02-23-2009 : AOS Paid $70 (Online)

02-23-2009 : DS-3032 sent (by email)

02-25-2009 : Payment Received from my bank (AOS)

03-04-2009 : NVC has received the Choice of Agent DS-3032 (Online)

03-04-2009 : IV Application Processing Fees $400 (Online)

03-05-2009 : Payment Received from my bank (IV APS)

03-07-2009 : DS-230, and I-864 Sent (by USPS)

03-12-2009 : USPS confirm arrived at NVC for DS-230, & I-864

03-13-2009 : NVC received DS-230, & I-864 (Case in progress)

03-20-2009 : NVC case completed in 1 week NVC completed 03-20-2009.

04-02-2009 : NVC Left to HCM city

04-22-2009 : Medical Passed

05-12-2009 : Received a package IV from HCM Consulate by email

05-18-2009 : My wife got Pink.. yeah..

05-26-2009 : Visa received

06-18-2009 : US Entry!!! Yeah, my wife finally here.

06-29-2009 : Received SSN from snail mail

07-20-2009 : Green card received by mail

09-15-2009 : Writting test from DVM.

11-03-2009 : Driving Test.

01-20-2010 : Working.

04-20-2011 : Submit I751

04-26-2011 : Received I-797 NOA with Receipt Number

05-11-2011 : Received ASC Appointment Notice

06-03-2011 : Biometrics Apts @ 11:00 AM

10-11-2011 : Submit more evidence.

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Filed: K-1 Visa Country: Vietnam
Timeline

I agree with Jerome. You've already filed the K1. Stick it out. I think the fact that the relationship is still intact long enough to go through the petition/application process twice has more to do with the higher approval rate at the second interview than whether or not they get married. I would guess the approval rate for a second K1 is just as high as the approval rate for a CR1 after a K1 denial. If getting married made any significant difference in the approval rate, then nobody would bother with K1's in Vietnam.

I get a kick out of listening to Vietnamese women gossip about the "secrets" to getting a visa in HCMC. Everyone has a friend or a cousin who they SWEAR got their visa because they got married, or because they got pregnant. It's hogwash! There is no magic bullet. Present a compelling case in your documents, address your red flags, and nail the interview with the right answers given with confidence. That's how you get a visa in HCMC.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: AOS (apr) Country: Vietnam
Timeline

Couple that with the "you must have a baby" cr@p..people spew.

Thuy met a woman who has 3 children with her USC husband and she has yet to get a visa.. she has been denied a few times already.. K1 and CR1 with kids...

I came close to getting into an argument with a guy I know about this a few weeks ago... he insisted that I must drop everything and go to HaNoi to get Thuy pregnant ASAP.. "only way to get visa"... such BS!

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

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Filed: K-1 Visa Country: Vietnam
Timeline

Couple that with the "you must have a baby" cr@p..people spew.

Thuy met a woman who has 3 children with her USC husband and she has yet to get a visa.. she has been denied a few times already.. K1 and CR1 with kids...

I came close to getting into an argument with a guy I know about this a few weeks ago... he insisted that I must drop everything and go to HaNoi to get Thuy pregnant ASAP.. "only way to get visa"... such BS!

A guy I met through Phuong's family here was told the same thing. He listened, and his fiancee is now 6 weeks pregnant. :whistle:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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How many visits since your previous denial? While we all know there are no gaurantees, additional visits before the next interview should be a strong statement to the relationship commitment.

6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

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Filed: K-1 Visa Country: Vietnam
Timeline

Stay the course with the K1. Prove your relationship. Take more time to go to VN. learn the process. don't take "No" for an answer.

there is no right answer. K1 or K3???

Good luck to all,

Fred

If you can't do what you want to do, do what you can do.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

I get a kick out of listening to Vietnamese women gossip about the "secrets" to getting a visa in HCMC. Everyone has a friend or a cousin who they SWEAR got their visa because they got married, or because they got pregnant. It's hogwash! There is no magic bullet. Present a compelling case in your documents, address your red flags, and nail the interview with the right answers given with confidence. That's how you get a visa in HCMC.

Our interview is next week. everyone has an opinion on how to succeed. Today My wife told me that i need to do I-864 not I-864EZ. That someone told her that they do not accept the EZ form in HCM. It has already been accepted and approved by the NVC. I told her i will do it again anway BUT the CONSULATE has to follow the LAW and the form clearly states that i can file the EZ form since my income is well over the 125% mark. MOST people's beliefs or superstions ablout this only cause FEAR about the interview. CONFIDENCE is a MUST. I totally agree

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