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wryly

Can I change a K1 application to CR1 DCF application?

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I'm an American citizen residing with my Chinese fiancee in China and we are in the process of applying for a K1 visa. My credit card was charged for the application at the end of November, but I haven't received NOA1 yet. I was not aware that we may be able to expedite the process by marrying and following the DCF process. Is it possible for me to cancel the K1 application, marry my fiancee in China, get the requisite documentation proving marriage, and proceed with the CR1 DCF process? I'm willing to forfeit the $535 already paid for the K1 application. Should I expect any other downsides or pitfalls? If we have no strong opinions regarding where we marry, is there any reason not to do this?

 

I haven't found an estimated timeframe for this process. https://www.visajourney.com/cr1-ir1-spousal-visa/ indicates a CR1 filing is taking over 380 days, which is why I originally chose to apply for a K1. Can someone give me a rough idea of how long the DCF CR1 visa might take? 

 

Thank you, and sorry if I've missed this information in another thread.

Edited by wryly

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Three months is about the fastest.  Ours took 102 days in Mexico. @Jorge V was 3 months.

 

Here is a sample in  Guangzhou:

 

Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

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DCF in London is 3 to 4 months, do not know the China number.


“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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Hi @wryly,

 

I posted this reply in your other thread of the same topic but have since removed it for this one. In the future, do not post more than one thread on the forum of the same topic.

 

If you have been residing in China for 6 months or more than DCF is definitely and option. Your case will not be denied simply because you changed categories. Just as long as it is done properly. You will need to officially withdraw the K1, then get married, and once you have all of the marital proof such as marriage documents and proof of residency in China, file for DCF.

 

Here is the link to DCF filings.

 

https://www.visajourney.com/content/dcf

 

 

Best of luck.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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11 hours ago, Paul & Mary said:

Three months is about the fastest.  Ours took 102 days in Mexico. @Jorge V was 3 months.

 

Here is a sample in  Guangzhou:

 

Thanks for the mention! Mine actually took 1.5 months (49 days) from submission to approval in 2017. Fastest I've seen on here using the timeline search was about 20 days, but there seems to be a lot of invalid data in there. There are definitely several legit ones in the 20 and 30 day range, but all of them happened more than 10 years ago. You can use this semi-configured timeline search to try to find recent cases in China.

 

The main reason ours was completed so quickly is because we kept checking the appointment calendar for cancellations and managed to move up our appointment several times. We would have actually been able to get it down to about 40 days but we figured it wasn't worth. We also got lucky and had minimal delays between steps. 


DCF Mexico

06/04/2017: Married

06/24/2017: Mailed I-130

06/27/2017: NOA1 (technically a RFE as we were missing beneficiary ID)

07/06/2017: NOA2

07/12/2017: Case assigned by Juarez embassy

07/17/2017: Packet 3 received

08/15/2017: Interview/Approval!

08/22/2017: Visa received via DHL

09/03/2017: POE

09/16/2017: Permanent Resident Card received

 

Total days from NOA1 to approval: 49

 

I wrote a DCF Mexico guide! http://www.visajourney.com/wiki/index.php?title=DCF_Mexico

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12 hours ago, wryly said:

I'm an American citizen residing with my Chinese fiancee in China and we are in the process of applying for a K1 visa. My credit card was charged for the application at the end of November, but I haven't received NOA1 yet. I was not aware that we may be able to expedite the process by marrying and following the DCF process. Is it possible for me to cancel the K1 application, marry my fiancee in China, get the requisite documentation proving marriage, and proceed with the CR1 DCF process? I'm willing to forfeit the $535 already paid for the K1 application. Should I expect any other downsides or pitfalls? If we have no strong opinions regarding where we marry, is there any reason not to do this?

 

I haven't found an estimated timeframe for this process. https://www.visajourney.com/cr1-ir1-spousal-visa/ indicates a CR1 filing is taking over 380 days, which is why I originally chose to apply for a K1. Can someone give me a rough idea of how long the DCF CR1 visa might take? 

 

Thank you, and sorry if I've missed this information in another thread.

My wife and I ( we live in Mexico) originally had a k1 visa application in process.  She is a third country national living in Mexico. We were actually at the embassy stage, but decided to cancel and apply for DCF.  Long story why that took place. But in the end, it was the best decision.

 

Our process here in Mexico took around 2-3 months. When I submitted the 1-130, my wife's k1 case was still at the consulate in her home country. I asked USCIS if this would be an issue, and they said no I can go ahead and submit the 1-130 to them and it would be processed even though the K1 had still not been cancelled. Make sure, if you take this route, to cancel the k1 visa. In the end we did not have any issues, but keep in mind I sent a letter asking for it to be cancelled the day before I went to USCIS in Mexico City. By the time she had her interview at the consulate, we already had a letter confirming that her k1 case had been completely withdrawn. I would check with USCIS in Guanzhou if this will be an issue first. 

 

If you do take this route, submit ALL OF YOUR EVIDENCE OF MARRIAGE to USCIS in Guanzhou. My wife and I did not submit a whole lot to USCIS in Mexico City. When we got to the consulate stage, she took a whole binder filled with information. They did not take any of it. I'm guess it's best to submit everything in the very first stage. Better to be safe than sorry. 

 

DCF gives your wife permanent residency once she is admitted into the country. With a k1 visa, it can be a long process applying for that residency. Hence she would not be allowed to work for some time. 

 

Cancelling the k1 and going for the cr-1 WITH DCF was the best decision we could make. Give it some thought. 

Edited by JJ89

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I went through this exact process in London. In fact, I had married prior to withdrawing the I-129F application. Once I was married, I wrote a letter to withdraw the fiance visa application, which had already been approved, and subsequently filed the I-130 via DCF

 

There were no issues to note - good luck!! 

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No need to withdraw the I-129F prior to getting married... 

You can get married tomorrow, file the I-130 via DCF into Guangzhou the next day, THEN withdraw the I-129F with USCIS, using the address listed in the NOA-1 formletter that you'll receive ... 

 

Don't wait on the withdrawal 'process' at all, as there really isn't one.  You write a letter, it's filed in the case, the case is closed.  Months may pass,  The IV Unit in Guangzhou will know what to do once the I-130 is approved, you'll be good to go ! 

As to time and timing, figure 3 to 4 months.  It may be faster, depending on caseload at Guangzhou IV. 

 

Good Luck and God Speed ! 

On 12/10/2018 at 6:44 AM, wryly said:

Okay, got it. I'll write a letter to withdraw the K1 application, get married here, and then file for DCF.  Seems easy enough and hopefully we'll get to America in April instead of September. Thanks!

 


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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