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Mee1234

K1 vs K3 I need help ASAP!!!!!

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I just came back from Laos in Dec. 20, 2012. I have a question about what visa I should file. K1 or K3?????

Here is my story:

In 2009 I went and got engage with a Laos girl. I filed K1 for her in February 2010 and was approved in May 2010. She had her interview in Oct 2010. She failed her interview. She said we met at a different place other than what I wrote on the K1 application cause she said the question confused her. The denial letter that she got said that the relationship was not bonified and the visa was just for immigration purpose only and the K1 would be returned for revolk. She got the 221g. We eventually broke up. I filed a formal withdrawal of the application on Sept 2011.

Next chapter of my life:

In February 2012 I went back to Laos met a girl. I went back a second time in the beginning of Dec 2012. I got engage. I got all the engagement forms filed out. I am ready to file my K1. Now here is my problem. Now I cant decide on filing the K1 or K3. If I file the k1 would I have to file for a waiver for the 2 year limit and having a previous K1 approved? In addition I would also have to answer question 11 on 129f form which ask about my previous 129f application and the result. If they see the result that my previous 129f was denied because it was for immigration purpose only will I still be able to be approved for the new 129f? Will the consulate in Laos be hard on my fiancee if she was to get an interview for 129f. Because my previous 129f was denied for being accused using it for immigration purpose. That is the problem that I have with filing for a 129f.

If I file for a k3 I wont be asked for the previous filed k1 and i wont need a waiver as well. It will take longer and cost more money.

Should I file for the K3 or K1??????

So confused and fustrated!!!!!!!!!!!!!!!!!! :'(

Please help I am very confused.

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The previous denial will come up, filing a spousal visa won't erase that. You can expect your girl to be asked about it too.

K-3 is obsolete, you'd file for the Cr-1 apousal visa

It sounds like you want the option that will be easiest in terms of your past denail, I don't think you'll need a waiver for the spousal visa, but it will need to be disclosed

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

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October 16, 2015 - US Citizen

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I just came back from Laos in Dec. 20, 2012. I have a question about what visa I should file. K1 or K3?????

Here is my story:

In 2009 I went and got engage with a Laos girl. I filed K1 for her in February 2010 and was approved in May 2010. She had her interview in Oct 2010. She failed her interview. She said we met at a different place other than what I wrote on the K1 application cause she said the question confused her. The denial letter that she got said that the relationship was not bonified and the visa was just for immigration purpose only and the K1 would be returned for revolk. She got the 221g. We eventually broke up. I filed a formal withdrawal of the application on Sept 2011.

Next chapter of my life:

In February 2012 I went back to Laos met a girl. I went back a second time in the beginning of Dec 2012. I got engage. I got all the engagement forms filed out. I am ready to file my K1. Now here is my problem. Now I cant decide on filing the K1 or K3. If I file the k1 would I have to file for a waiver for the 2 year limit and having a previous K1 approved? In addition I would also have to answer question 11 on 129f form which ask about my previous 129f application and the result. If they see the result that my previous 129f was denied because it was for immigration purpose only will I still be able to be approved for the new 129f? Will the consulate in Laos be hard on my fiancee if she was to get an interview for 129f. Because my previous 129f was denied for being accused using it for immigration purpose. That is the problem that I have with filing for a 129f.

If I file for a k3 I wont be asked for the previous filed k1 and i wont need a waiver as well. It will take longer and cost more money.

Should I file for the K3 or K1??????

So confused and fustrated!!!!!!!!!!!!!!!!!! :'(

Please help I am very confused.

As stated before, it's the CR-1 not a K-3.

The waiver letter is no big deal, so don't let that sway you.

The previous denial is on your record so regardless of visa type, you both will have to prove to the CO that this relationship (doesn't matter if you've married this woman or not) is legit.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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The CR-1 is cheaper than the K1, and leads to immediate greencard, meaning she can travel; if there is an emergency back home, and can work. Of course, to get it you'd need to meet at least once more to get married and then wait till you have the marriage cert, so it would take longer.

As mentioned, the previous denial will come up anyway. I think in your case, a CR-1 may be marginally better because it shows serious comittment and will mean you have met at least once more. Bonus points if some of your family can attend the wedding.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Thanks a lot. I haven't looked into the CR-1 before. Does anybody have any experience with the CR-1? How long does it usually take for approval?

Penguin_ie what do mean I have to go back one more time?

You should check out the CR-1/IR-1 forum to get specific details on the spousal petition and visa, but the VJ guide is a good start, too: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1

Penguin was likely referring to the fact that to file the spousal petition, you have to be married first, so you will have to travel back before filing. :thumbs:


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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You have to return to get married to do the CR-1. Research the time lines for at least VJ statistics and USCIS for their average times.


In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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Penguin was likely referring to the fact that to file the spousal petition, you have to be married first, so you will have to travel back before filing. :thumbs:

Yup- proxy marriage don;t count, and you have to be legally married before you can file.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP hasn't yet decided on a visa path. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Your case is very similar to mine, I have previous K1 approved but mine did not get to the embassy. However you can still file for the K1 but you have to disclose this and send a waiver letter to the USCIS. This is very important and you should let youe fiancee knows your very well and casrry her along with all the information on the petition you filed. You have to tell her everything and let USCIS know as they have your name already in their data base for the previous case you filed.

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Tell her / USCIS everything...don't withold a thing. The Laotian embassy is not kind to liars / easy on proving a "bona fide" relationship. I hope you also let the woman you are planning on marry know this as well. I would take time to go over all the information prior to sending it on as well as her prior to her interview. These are things she would know if you two have a genuine relationship.

In regards to the spousal visa, at this point it sounds shady, and I'm not even an immigration offical, I could imagine what they would think. I would take more time developing the relationship and visiting to prove that this is in fact a genuine love.

Regardless good luck on your journey and I wish you the best honestly.

Godspeed. B-)


Our Timeline
Started Talking as friends 7/2011
Became a couple 1/2012
Met in Canada 5/2012
Propsed as I knew she was the woman for me 5/3/2012.
Sent K-1 Off to the Chicago Lockbox 6/11/2012
NoA 1 6/13/2012
NoA 2 12/19/2012
Embassy Intervew 02/07/2013 (APPROVED)
Visa Recieved 2/14/2013
CFO Seminar 2/15/2013
Flight 3/1/2013 POE Detriot, MI, and then home to NC!!!!

Sent off AoS / EAD / AP Packet 7/19

NoA 1 EAD / AP / AOS 7/23

EAD / AP Card Recieved 9/27.

The wonderful world of the AoS....

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IMBRA regs are 2 petitions filed within 2 years, so when you file petition #3, you must ask for an IMBRA waiver via letter attached to the petition.

Since your prior count is only 1, you are OK on the IMBRA regs with the count o I-129F petitions filed within a 2 year span.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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