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Sun Wukong

Can I turn a K-1 Visa application into a CR-1 application?

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So, I am currently working on the K-1 visa application in order to bring my Chinese Fiance to the United States. However, I am also simultaneously looking for a new career. I miss, my fiance quite a bit, and was considering sending in the K-1 visa petition while I was still in the states, and then moving back to China for work and finishing the K-1 work while I was living in China. Hopefully I could stay in China for a year, and then both my fiance and I could return to the United States together. However, I then came across a problem with my plan. I worry that if I do end up moving back to China, what if I find a position that I really like, and end up wanting to stay for say, 2 or 3 years? I then fear that my application for the K-1 visa would become void. So, my question is if the following plan would be possible/ work-

Apply for the K-1 visa while continuing to apply for work in both the USA and China.

If I find a job I am particularly happy with in China, move back to China for a year to be with my fiance while continuing the K-1 process. After about a year, move back to the USA with my fiance and her new K1 visa

If the job I find requires me to stay for more than a year, or takes so much time that the K-1 visa would become void, instead marry my fiance while in China, and then change my application from a K1 visa to a CR-1 visa

Currently, I am extremely stressed over the whole situation. I want to start the visa process, as I know that it takes a long time and I miss my fiancee very much. However, I still am not certain if I will be working here in the States or if I can find a well paying job in China. If anyone has any advice or information regarding this question, please let me know. Thank you all very much!

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

As mentioned above, if you have filed for one type of family visa and now want another. you can't simply "change"

from one visa to another. You must properly cancel the first visa, and then start anew with the next visa program.

Good luck on your immigration journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: AOS (apr) Country: Jamaica
Timeline

Kind of difficult to decide on the best visa option when you don't know where life will lead you yet.

My advice: apply for jobs in USA and China....decide on employment.....then decide which visa option works best for you.

I realize you want to be with your fiance as soon as possible, but your current plan sounds a bit complicated. I prefer one step at a time. China's embassy info shows that DCF option is available too. May want to keep that in mind.

Do what's best for you, tho! Good Luck

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Filed: AOS (apr) Country: Cyprus
Timeline

Unless you find a co sponsor they want you to be rooted and grounded in your job for at least 6 month for the affidavit of support.

I would either stay in the US and do the K1 or move to China and do direct consular filing if available.

You can also start the CR1 here and move to China to wait for everything to complete. I guess it all will depend on what job pops

up where and you can then plan better.

You can not change from a K1 to another visa type but have to start over.

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

***Post violating the TOS (personal attacks and belittling language) removed along with posts quoting or referencing. Administrative Action taken.***

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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