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Hi all,

 

My fiance arrived in the US a month ago. After much discussions, we are thinking for him to go back to his home country before his K1 visa expires and get married there then apply for a CR1 visa instead. My question is, if we go to this route, what are the chances that our CR1 visa gets approved knowing that we did a K1 visa and did not push through with it? Hoping for your kind and honest thoughts

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~~Moved to IR1/CR1 P&P, from K1 P&P - the K1 has already been used.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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I wouldn't anticipate any issues (just maybe a question) with a spousal visa.

You can get married in the US or abroad then start the process.

Best wishes.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, Cazl16 said:

After much discussions, we are thinking for him to go back to his home country before his K1 visa expires and get married there then apply for a CR1 visa instead.

Not an issue. If you wish you can get married here (e.g. Las Vegas, etc.) before he leaves.

Edited by lummo

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1 hour ago, Cazl16 said:

After much discussions, we are thinking for him to go back to his home country before his K1 visa expires and get married there then apply for a CR1 visa instead.

Yes you can file for a CR-1.  But you start over at the very beginning.


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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7 hours ago, Cazl16 said:

Hi all,

 

My fiance arrived in the US a month ago. After much discussions, we are thinking for him to go back to his home country before his K1 visa expires and get married there then apply for a CR1 visa instead. My question is, if we go to this route, what are the chances that our CR1 visa gets approved knowing that we did a K1 visa and did not push through with it? Hoping for your kind and honest thoughts

I was thinking the exact same thing @Roel. Op, is there any specific reason that you guys are thinking about doing it this way? 

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You can certainly cancel your K-1 and apply for a CR-1. I successfully did this, albeit I have been in the same country as my husband for a number of years. 

 

Just make sure you write to them confirming cancellation of your K-1 so there is no confusion on their end :) 

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Instead, marry and file AOS with Advance parole and work permit (I-485, I-131 & I-765). This way he can go back once his AP is granted and you guys would be seperated shorter. 


Spoiler

2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2013-03-05 Biometrics
2013-03-24 Approved
2013-05-05 Green card received
2016-08-02 N400 filed
2016-08-12 NOA
2016-12-08 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony

 

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You don't need to cancel it.  He just returns before the 90 days is up.

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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1 hour ago, Cazl16 said:

thank you for all your response. Both of our parents are in our home country and are not able to travel long distance. @Kateybot, can we still cancel the K1 even if he is already here in the US?

 

You realize that he will not be able to return to the US for 12 - 14 (or more ) months before spouse visa is approved? o.O

 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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@Roel Why not just get married here, go through the paperwork, and then once everything is done fly back and have a different ceremony for family??? Just seems like a waste of time to go through a different process that takes longer than the K-1.


06/26/18  -  I-129F sent to CSC

06/28/18  -  USCIS signed for I-129F

07/03/18  -  NOA1 hard copy

12/03/18  -  NOA2 electronic

12/10/18  -  NOA2 hard copy

12/14/18  -  NVC received case

12/19/18  -  NVC issued case number

01/08/19  -  NVC in transit

01/10/19  -  Case received at Mumbai Embassy

      TBD     -   Interview Date

 

❤️ From Worlds Apart... to a Lifetime Together!! ❤️

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