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Bowie Kirk

which one is much faster; getting a fiance visa or a marriage visa?

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unmarried. currently, my application for a k1 visa is being processed at CSC and theres a chance that it could get denied. im not sure if i should refile or apply for a marriage visa coz im not sure which one is faster.

But it's not denied. You shouldn't refile unless it is denied. You'd be best off not worrying what to do next until you see how your current case turns out.

K1 and CR-1 can take the same amount of time, in the end. There's not a huge amount of difference in the two, time wise.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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unmarried. currently, my application for a k1 visa is being processed at CSC and theres a chance that it could get denied. im not sure if i should refile or apply for a marriage visa coz im not sure which one is faster.

Denied for what reason ? If denied for a very obvious reason then you can withdraw and refile. In order to give advice you need to be specific on the reason that you will think you get denied.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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But it's not denied. You shouldn't refile unless it is denied. You'd be best off not worrying what to do next until you see how your current case turns out.

K1 and CR-1 can take the same amount of time, in the end. There's not a huge amount of difference in the two, time wise.

you're right. but im just keeping my options open just in case it doesnt turn out what im hoping for.

thanks for ur answer, just what i want to know.

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Denied for what reason ? If denied for a very obvious reason then you can withdraw and refile. In order to give advice you need to be specific on the reason that you will think you get denied.

i didnt withraw the app coz i want to try my luck. but u dont have to worry urself about the reason, all i want is to know which is faster of the two. i got the answer i wanted.. thanks anyhow

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i didnt withraw the app coz i want to try my luck. but u dont have to worry urself about the reason, all i want is to know which is faster of the two. i got the answer i wanted.. thanks anyhow

Well, since you never met the beneficiary you filed for, it will be denied (check out his extreme hardship topic from May). Also, you can't file petition based on marriage since you're not married - that would require you to go to the Philippines and get married there or in some third country.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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anyone here pls help me figure out which one of these is much faster. so just in case my application for fiance petition gets denied, i know which one to apply. thanks guys!!

Can you apply for extreme hardship?

If not, then a marriage visa might be faster and cheaper (at least $1000 cheaper). Since you will have to go the Philippines to have the "meeting within 2 years proof" anyway. Might as well go the Philippines, get married, file for marriage visa (CR-1). So when you're spouse comes to the US, she'll have a green card right away. The difference between processing times is around 1-3 months I believe.


engaged happy.png - February 2013

129F NOA1 receipt date- March 11, 2013 (NOA1 sent March 13, 2013)

Touched - Name spelling correction - March 20, 2013

Transferred to TSC - July 10, 2013

NOA2 - July 23 smile.png

Shipped to NVC - August 15

NVC Received - August 22

Auckland Consulate Received- August 28

Packet 3 Received - September 7

Medical - September 9

Packet 3 Sent - September 9

Packet 4 Received - Sept 11

Interview - Sept 19

Visa received - Sept 26

POE - 25 December luv.gif

Wedding - 11 January heart.gif

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i didnt withraw the app coz i want to try my luck. but u dont have to worry urself about the reason, all i want is to know which is faster of the two. i got the answer i wanted.. thanks anyhow

I certainly was not "worrying" myself about your reason. You mentioned withdrawing in your post and therefore

I simply asked for clarification to best answer your concern. The worry is all yours.

As to comparing the options, here is a "compare" link for K1 and CR1. Disregard the K3 in the link as it is obsolete.

http://www.visajourney.com/content/compare


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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After having went the K-1 route b/c lawyer advised it was faster (at the time), if I had to do it over again I would have gone the marriage route. First, you and your spouse will share the memories of this family event forever. Second, the time from date of marriage will count toward your Adjustment of Status - and you will receive your green card that much sooner.

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After having went the K-1 route b/c lawyer advised it was faster (at the time), if I had to do it over again I would have gone the marriage route. First, you and your spouse will share the memories of this family event forever. Second, the time from date of marriage will count toward your Adjustment of Status - and you will receive your green card that much sooner.

We would do this also rather than the K-1.


In Arizona its hot hot hot.

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

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http://www.visajourney.com/forums/topic/427388-can-i-reapply-soon-after-i-cancel-the-petition-with-the-same-person/#entry6193414

well, according to your topic in april 2013.. you submitted for K1.. but had NOT met within the two years before submitting.. so, yea.. thats a mistake on ya'lls part.. all this information is in the instructions and the paperwork..

it will cost you months now.. cuz you will either wait to see if you get denied.. or you will want refile.. once again.. time is lost..

i suggest you read.. reread and reread again... and repeat! the guides listed here for the Fiance or Spousal visa.. then be read to do this right and error free the next time


K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

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http://www.visajourney.com/forums/topic/427388-can-i-reapply-soon-after-i-cancel-the-petition-with-the-same-person/#entry6193414

well, according to your topic in april 2013.. you submitted for K1.. but had NOT met within the two years before submitting.. so, yea.. thats a mistake on ya'lls part.. all this information is in the instructions and the paperwork..

it will cost you months now.. cuz you will either wait to see if you get denied.. or you will want refile.. once again.. time is lost..

i suggest you read.. reread and reread again... and repeat! the guides listed here for the Fiance or Spousal visa.. then be read to do this right and error free the next time

thanks for the guidelines, and for that only. simple questions need only simple answer. keep the uninformative things to urself nxt time :))

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