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kevinj

When should I marry / file?

By kevinj in What Visa Do I Need - Family Based Immigration

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kevinj Contributor

kevinj   19

Posted
Filed: K-1 Visa Country: Belgium
 Timeline
Posted

Hi VJ community,

I'm a LPR, living in the US, who immigrated through marriage but later divorced my now ex-wife. I just sent in my N400 application for citizenship. I gather this process will probably take close to a year.

I have a new relationship with a foreign (Chinese) girl currently living abroad. We want to marry and have a family in the US. She has visited a few times as a tourist and she likes it here.

I am wondering about the best strategy, i.e. what will be the most efficient way to reach this goal. It feels different enough from back when I was the K1 and my ex-partner was a citizen, that I thought I'd ask for advice.

Should we marry as soon as possible?

Should we wait until I have citizenship before we file anything?

Is filing anything now as LPR a waste of time and money?

Is there a preference between CR1 or K1 route in this situation?

Is there anything we should be aware of at this time that will make a difference later on?

Thanks so much to all of you for reading,

Kevin

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Boiler Grand Master

Boiler   43,606

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

K1 is quicker, anything else is up to you.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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cathy2904 Proficient

cathy2904   97

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted (edited)

An LPR cannot file an I129F petition for a K1 so you would not be able to start that process until you become a citizen. You can file the I130 for a CR1 visa while your N400 is processing and then, when you become a citizen you would contact USCIS and ask them to upgrade your petition. That is what my husband did as you can see from my signature.

Unfortunately it is taking a lot longer for I130 petitions to be approved than when we were in the process but if you can marry soon it might still be quicker than waiting until you can file the I129f.

Edited by cathy2904

01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

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Ryan H Grand Master

Ryan H   3,791

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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kevinj Contributor

kevinj   19

Posted
Filed: K-1 Visa Country: Belgium
 Timeline
  • Author
Posted

Dear Boiler and Cathy, thank you for reading and for posting answers. They have helped me make sense of the options (along with some of the very nice guides on the VJ website).

As one of you suggested, I have to think now about the personal factors pro/con each option, such as how fast we are able and willing to marry, whether the months waiting idly for AOS on a K1 are a problem, and where she will be at what time (as she is currently in a 3rd country).

Cheers,

Kevin

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