K1 to CR1

[Cazl16 0]

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

[Ontarkie 13,915]

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

[geowrian 22,335]

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.

[lummo 61]

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 December 18, 2018 by lummo

[Just Paul 4,591]

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.

[Roel 7,191]

1 hour 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

But... why? 

It makes zero to none sense for him to leave just to start a whole new, long process. 

[Cyberfx1024 7,978]

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? 

[Kateybot 3]

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  

[little immigrant 800]

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. 

[Cazl16 0]

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?

 

[Just Paul 4,591]

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

Edited December 18, 2018 by Paul & Mary

[geowrian 22,335]

There is nothing to cancel. The visa became void at POE since it is single-use. The underlying I-129F is no longer active.

[lummo 61]

1 hour ago, Cazl16 said:

@Kateybot, can we still cancel the K1 even if he is already here in the US?

Like @geowrian said there is nothing to cancel. @Kateybot was incorrect.

[Roel 7,191]

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

 

[Tara & Rohit 224]

@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.