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IsabelleFredrick

Cancelling k1 to apply for sp visa.. advice pls

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Im looking at cancelling our k1 (6 weeks to appointment *tears) and marrying then applying for spousal visa as I need travel flexibility and to live in my country a bit longer.

How long have you been married before you apply? And how long bifore marrying did you know each other? 

How do you make long distance marriage work? Do you visit often, much like k1 visa? Is there much difference to a k1? 

 

 

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  • As long as you are married and already received the marriage certificate as its copy would not be sent to USCIS
  • I would say at least 1 year and after 2-3 visits / 3-4 weeks each.  Ours was 3 years. 
    • Some people are in love at first sight :)
    • My uncle met his wife while he was out buying some stuff before he came back to US, .... and decided to get married ..less than 1 week. She got to US without any issue  but it was long ago.
  • Do your best
  • Visit as often as possible, try to do 2 per years
  • Not much different compared to K1 

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There's no minimum requirement to how long you have to be married before you send in your petition. My husband and I were married for only 2 months when we sent our petition, but you can even send it same day as getting your marriage certificate copies in theory (if everything else is already ready and the beneficiary is back in their country). My husband and I were together a year and a half before we got married and knew each other for a bit over a year and a half, but same thing there is no minimum requirement to how long you have known each other/been together so long as your relationship is genuine and you can prove it. Long distance marriage is hard, but so is any long distance relationship, married or not. My husband and I have visited each other 5 times, going on 6, (5th time was our wedding, 6th time will be next month) since we met almost 2 years ago, but not everyone can visit so often so you just have to make do with what you can. 

 

The process for K1 and CR1 are somewhat similar in that you have to provide evidence that your relationship is genuine, but with a CR1 you will also of course send a copy of your marriage certificate and fill out different forms than the K1, of course. The CR1 will also allow you to travel out of the country immediately, you will automatically receive a green card and social security card (if you tick off the box for it, if not you can just go to the social security office) once you immigrate to the US, you won't have to file an adjustment of status (but if you are married for less than 2 years upon your immigration to the US you'll have to file for removal of conditions 2 years after you arrive), you can work immediately with CR1, etc. etc. But of course, with you almost having your K1 visa in hand, you have to keep in mind whether all of that is worth starting completely over and waiting another 12-15 months to live together, or whether you would rather keep the K1 that you are almost done with and be able to move to America asap.

 

Keep in mind, whether you get a K1 or a CR1, you still only have 6 months from your medical date to immigrate to the US before your medical (and subsequently, your visa) expires. A CR1 doesn't give you extra time to wait to travel to the US, you'll still just have 6 months from the medical date. With that in addition rest of what I've listed to decide whether you want to continue your K1, or withdraw it and opt for a CR1 instead.


Our CR1 Journey So Far:
 

USCIS Stage:

  • Feb 8 2019: Sent package
  • Feb 14 2019: Delivered
  • Feb 21 2019: NOA1 (PD Feb 14, 2019)
  • Assigned to Nebraska Service Center (yay... 🙄)
  • Waiting for: NOA2

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12 hours ago, IsabelleFredrick said:

Im looking at cancelling our k1 (6 weeks to appointment *tears) and marrying then applying for spousal visa as I need travel flexibility and to live in my country a bit longer.

How long have you been married before you apply? And how long bifore marrying did you know each other? 

How do you make long distance marriage work? Do you visit often, much like k1 visa? Is there much difference to a k1? 

 

 

You need not take a survey of what other people did.

 

If you have a real enough relationship to get this far through a K1 process, you know each other well enough, if YOU think you do.

 

You make a long distance marriage work the same way you make a long distance unmarried relationship work.

 

Visiting is visiting.  If you have been visiting, keep doing it.

 

You know the main differences which are the freedom to travel, immediate work authorization upon arrival, and 12 to 14 month process.

 

Just as an aside, when people ask me which is the best visa for them, the first questions I ask them before letting them answer for themselves, is whether they can live with not working or traveling internationally for six months plus the time it takes to get married and file.  Fastest is not best for everybody, but you can't file for spouse if you're not married.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Only you two can answer the question as to what is right for you. This is just one of many decisions you will make together during your marriage. Everyone gets married when it’s right for them and files when it’s right for them. 

 

 


 

 

 

 

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