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Need advices on which way to go!

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Filed: Timeline

Hi all,

Here's our situation and we really need some input from you guys. My fiance(US citizen) and I decided to go ahead and file for a K1 after 4 years relationship last year in Nov. But our application package was returned due to the fee change(they said). And my fiance got sick and he's just out of the hospital. I'm asking for a couple of weeks leave from work so that I could travel over to take care of my fiance. With the health issue, we think it's better for us to get back together as soon as possible so that we could be by each other's side and take care of each other. And we both do need to work with the hospital bills. We're debating whether we should file for K1 again, or we could get married when I am over and then file for K3/ CR1. I could travel back to my country and wait for the K3/ CR1. In this way, I will be able to work in my country while waiting and be able to work immediately as well when I travel over to the States again. Here're the questions:

1)Would our rejected K1 application affect us filing for a K3/ CR1?

2) How long would it take to get a K3/ CR1?

3) As my fiance and I had been volunteering before for a couple of years and just started to work again, so we don't have much money saved or tax paying record. But we do have very good education background, with wich we would not have problem in getting a job what so ever. Would it be a problem in filing a K3/ CR1?

The situation is very difficult for us and we really need some suggestions on what to do. Thank you all in advance!


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Filed: K-1 Visa Country: Canada

Well, that does sound like an unfortunate set of circumstances!

Firstly, your K1 application was rejected because the payment you included was incorrect? If that is the case, it will truly have no effect on your CR1 application.

Secondly, K3 is no longer an option.

The CR1 applications (from what I've seen around the boards) are taking just about as long as the K1 applications - 7-10 months or so.

I believe you have to submit 3 years of income tax records to show financial support but if these won't meet the requirements, you will need to look into a co-sponsor.

If you are determined to work right away, marrying soon and then filing for the CR1 seems like the most prudent choice since with the K1 you have to wait several months. Additionally, the K1 is nearly $1000 more expensive from start to finish than the CR1.

I hope others' advice and the guides available on the site help you guys make a good decision for your future and that you have a good visit soon!

April, 2009 - We met

May, 2009 - We wooed

June, 2010 - We got engaged, looking forward to a small August 2010 wedding

** Reality Check: K-1 Process**

July 22, 2010 - NOA1

**5 months of patient waiting**

December 29, 2011 - call around for information about delay

January 5, 2011 - RFE notice (first online status update yet!)

January 10, 2011 - RFE Hardcopy

January 13, 2011 - RFE Response acknowledged

January 24, 2011 - NOA2 (at last!!)

February 3, 2011 - application sent from NVC to Montreal (aka. the Abyss?)

March 7, 2011 - Packet 3 sent to me

March 10, 2011 - Packet 3 delivered to Montreal

March 21, 2011 - Packet 4 sent to me

April 5, 2011 - Medical

April 13, 2011 - Interview - approved!

April 20, 2011 - visa in hand

May 9, 2011 - POE (Buffalo, NY)

May 10, 2011 - wedding :)

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