K-1 or Switch to DCF?

[Nathaniel T 0]

Hello,

We are currently in the K-1 process (at NOA1 stage), for my fiancée, who is Congolese. I've been in the US, and was anticipating finding a job here, hence the application for the fiancée visa. I was just offered (and have provisionally accepted) an offer back in Congo. Prior to this, I was living in Congo for the better part of the past year (where we met), so I think I'd be considered a resident there.

So my question is this... If I've already filed the I-129F, do I abandon this? Do we get married in Congo, and go for the Direct Consular Filing track? Is there any way to convert the process part-way through? Any advice that anyone could offer on this would be extremely helpful.

Thank you.

[YuAndDan 153]

No way to convert a K-1 to a CR-1 or IR-1, they are two compleatly different processes.

In your case you will be sending a letter to USCIS to withdraw the I-129F petition, and later when you are ready to immigrate to the USA you will be filing a different petition an I-130 to DHS located at the Embassy or Consulate in foreign country.

One note, make sure you maintain a domicile in the USA, and file IRS returns while out of the USA, this WILL be needed if and when you do DCF.

[Penguin_ie 5,984]

Sounds like abandoning K1 and re-filing when you are ready to return may be your best option. However- how long is your contract for? If it is only 6 months or a year, you could probably delay the K1 process sufficiently to return to the US with your fiance, should you wish to get married in the USA (and save yourself paying fees for the spousal visa).

[YuAndDan 153]

Sounds like abandoning K1 and re-filing when you are ready to return may be your best option. However- how long is your contract for? If it is only 6 months or a year, you could probably delay the K1 process sufficiently to return to the US with your fiance, should you wish to get married in the USA (and save yourself paying fees for the spousal visa).

One note, When factoring in the Adjustment of status (FEE $1070) from a K-1 to get a green-card, even with abandoning K-1, and starting over with DCF (CR-1) will be less in fees.