Jump to content
nipunalways

Cancelling K1 visa before USCIS approval, then applying for CR1/K3 visa for my to be wife from India

5 posts in this topic

Recommended Posts

Hi,

I am a US citizen in California and my fiance is an Indian citizen in India.

I had applied for my fiance's k1 visa and it is not yet approved from USCIS. After I submitted my application for her K1 visa, they replied with a comment that I need to submit more documents.

My plan was to apply for her fiance visa(K1), get married in India, bring her on fiance visa to US and marry here as well within 90 days. But people suggested me not to bring her on K1 visa after getting married in India.

Now, I am planning to cancel K1 visa and getting married in India and then apply for K3/CR1 visa.

Please help me understand the implications, if any, in cancelling K1 visa and then applying for another visa for her.

Also, which visa should I apply for her, K3 or CR1.

Any help will be highly appreciated as I can not really afford a lawyer.

Edited by nipunalways

Share this post


Link to post
Share on other sites

Just so you know, the CR1 (spousal visa) takes about a year to process while the K1 takes about half that time. So cancelling the fiance visa and applying for the spousal visa can delay your union by yet another year. "People" are correct in that getting married in India would make her ineligible for the fiance visa. Married is married in the eyes of USCIS.

So I would advise you to stick with the K1 application and DO NOT get married when you visit her in India. Good luck! :)


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Share this post


Link to post
Share on other sites

If a wedding in India is important to you for religious or cultural reasons, you have only be option and that is a CR-1 which takes about a year.

If you want your fiancée to come to the country as quickly as possible, carry on with the K-1, marry in the USA (doesn't have to be a big wedding), apply for her EAD when you start the adjustment of status process and when she is able to travel go back to India for a holiday for the big traditional celebration.

You are already part-way through the K-1, if you cancel and start the CR-1 you have to start all over again. You can't keep your place in line with the K-1, you join a different line for CR-1. You will also have to pay the fees again and you won't receive a refund of the K-1 petition filing fee that you have paid already.


 

 

 

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×