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PatrickMcC

Can a CR-1 file for a K1 Visa?

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Hi all,
 so my daughter got married back in May 2022 here in the US. Her fiance went back to his home country and then came back in December and filed online their I-130. My daughter is now seeing timelines increasing for their process and is wondering can she now file a K1 to get her husband her sooner. I have told her that K1 is only for fiance but she has found a snippet on the US immigration site that I have pasted below. I have also read elsewhere that USCIS no longer process K3s due to the supposed faster processing of the I-130?
Can she file the K1 with a 1-130 already in the system?
Thanks for any advice.
image.thumb.png.2d44e5c8fef1861cfb5e918dad6ce338.png

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Filed: Citizen (apr) Country: Taiwan
Timeline

This would not be classified as filing for a K-1.  However, she is free to file an I-129f (under the K-3 provision) as it might help push the I-130 toward approval.  There is no guarantee.  There is no harm in trying this.    However, as you have stated, K-3 visas are almost extinct.  

Edited by Crazy Cat

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______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

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February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Russia
Timeline

A lot of folks have attested to filing the I129F (K3) speeding up the process.  As to anything USCIS, YMMV, but there is no downside.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: K-1 Visa Country: Wales
Timeline

The highlighted section says K3 not K1.

“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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2 minutes ago, manyfudge said:

1) yea, file k3

2) did your daughter fill out i130 with the consular option picked and adjustment of status blank?

3) she could have filed in May 2022? Any reason she did not?

4) what country?

Reason for not filing in May 2022 was financial as far as I know. I told them to do it as soon as possible but they ignored my advice :( . Since they got married, they also have had a baby and so my daughter is currently living with us while she awaits her husband's immigration process. She is getting anxious as, initially her timeline showed that things would be processed by early 2024, but now she is seeing timelines a lot longer than that. Also, they have not filed their I-864 which we will be co-sponsoring it.  With the I-864, will I be able to keep my income details private from my daughter or will that be all viewable when I co-sponsor?

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6 minutes ago, PatrickMcC said:


 

6 minutes ago, PatrickMcC said:

ith the I-864, will I be able to keep my income details private from my daughter or will that be all viewable when I co-sponsor?

1) you can try to keep it private - but obviously go through it carefully to make sure it is filled out 100 % correct.

 

use this strategy - https://reddit.com/r/immigration/s/OUq15jMJId

 

2) what country?

Edited by manyfudge
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Filed: K-1 Visa Country: Wales
Timeline

Look at it from the Beneficiaries perspective, they need to know that the Sponsor can meet their obligations should the situation arise.

“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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19 minutes ago, PatrickMcC said:

Having all my income out there does not make me happy but our daughter does not earn enough to do it alone, now tha

See above.  Send through attorney if she has one or send it in via mail yourself.  Don’t give it to her to upload.

 

Give your son in law copy in sealed envelope marked for government official’s eyes only.

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29 minutes ago, manyfudge said:

1) you can try to keep it private - but obviously go through it carefully to make sure it is filled out 100 % correct.

 

use this strategy - https://reddit.com/r/immigration/s/OUq15jMJId

 

2) what country?

Actually this would work, I can easily put all the required documents into a sealed envelope and give that to my daughter which she can send with the filing. 

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17 minutes ago, PatrickMcC said:

thought it was my daughter that would be mailing the I-864? 

Yes, but very often, the interviewing officer will ask to see copies of any submitted document.  Even though they have it.
 

You can of course, choose not to give him, he goes for the interview and is not asked.

 

Or he goes, he is asked - he does not have and then you FedEx docs to him or embassy.  Whatever  makes you feel better.

 

 

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Just now, manyfudge said:

Yes, but very often, the interviewing officer will ask to see copies of any submitted document.  Even though they have it.
 

You can of course, choose not to give him, he goes for the interview and is not asked.

 

Or he goes, he is asked - he does not have and then you FedEx docs to him or embassy.  Whatever  makes you feel better.

 

 

Cool, thanks for the clarification.

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