Cancelling K1 visa before USCIS approval, then applying for CR1/K3 visa for my to be wife from India

[nipunalways 0]

Hi,

I am a US citizen in California and my fiance is an Indian citizen in India.

I had applied for my fiance's k1 visa and it is not yet approved from USCIS. After I submitted my application for her K1 visa, they replied with a comment that I need to submit more documents.

My plan was to apply for her fiance visa(K1), get married in India, bring her on fiance visa to US and marry here as well within 90 days. But people suggested me not to bring her on K1 visa after getting married in India.

Now, I am planning to cancel K1 visa and getting married in India and then apply for K3/CR1 visa.

Please help me understand the implications, if any, in cancelling K1 visa and then applying for another visa for her.

Also, which visa should I apply for her, K3 or CR1.

Any help will be highly appreciated as I can not really afford a lawyer.

Edited August 20, 2016 by nipunalways

[Cheezees 1,514]

Just so you know, the CR1 (spousal visa) takes about a year to process while the K1 takes about half that time. So cancelling the fiance visa and applying for the spousal visa can delay your union by yet another year. "People" are correct in that getting married in India would make her ineligible for the fiance visa. Married is married in the eyes of USCIS.

So I would advise you to stick with the K1 application and DO NOT get married when you visit her in India. Good luck!

[Cathi 5,610]

if you;re married you cannot bring her here with a k-1, it's visa fraud. If you cancel the k-1 you will have to start all over. K-3 visas are no longer issued

[JFH 12,189]

If a wedding in India is important to you for religious or cultural reasons, you have only be option and that is a CR-1 which takes about a year.

If you want your fiancée to come to the country as quickly as possible, carry on with the K-1, marry in the USA (doesn't have to be a big wedding), apply for her EAD when you start the adjustment of status process and when she is able to travel go back to India for a holiday for the big traditional celebration.

You are already part-way through the K-1, if you cancel and start the CR-1 you have to start all over again. You can't keep your place in line with the K-1, you join a different line for CR-1. You will also have to pay the fees again and you won't receive a refund of the K-1 petition filing fee that you have paid already.

[JFH 12,189]

*~*~*moved from "CR-1 spouse visa process and procedures" to "what visa do I need" as OP still needs help in deciding his best visa route*~*~*