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Posted

Can a couple cancel their K3 petition, and get divorced, then file for a K1 petition??

Im serious with this question. I could not find anything on this, only the information of the requirments to file for a K1.

I know Ilya posted a topic, but he was just kidding, but it got me thinking, can it be done???

Truly happy!!!

New life, new adventures, and a new attitude.

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Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted (edited)

they will probably look as to why you did that.. also, it may give them a reason to deny or ask for more INFO.. and the time in-between marriages also can be bad.. I think The K-1 is more riskier too.. but I'm sure you can do it this way... Again, if you marry the same person, they can tell right away too.. =(

Edited by gogo

I-130 STAGE 1 : 533 days - 1 year 6 months (4/16/2007 to 9/22/2008)

Priority Date I-130 : 4/16/2007 ( 533 days , APPROVED 9/22/2008)
Transferred to local office based on "security checks" : 11/27/2007
wrote hundreds of letters - received letter from FBI Records Management Chief stating no security checks
local office interview : 2/21/2008 - brought my parents too (result : you will get approval within 2-3 weeks)

5/2/2008 - (lawsuit) Writ of Mandamus - OFFICIAL DATE (7/29/2008)
9/22/2008 - CALL AND EMAIL COPY OF APPROVAL NOTICE FROM LAWYER

NVC STAGE 2 : 99 days - 3 months (9/30/2008 to 1/7/2009)

NVC Received : 9/30/2008
Received Packet 3 (I-864/DS-230) : 11/10/2008
NVC says "RFE sent out 12/9/08 for missing documents" : 12/10/2008
CASE COMPLETE - 1/7/2009

CONSULATE STAGE 3 : 96 days - 3 months (1/8/2009 to 4/14/2009)
CLEARED CUSTOMS - 3/10/2009
**APPOINTMENT DATE : 4/14/2009, 7:15AM**
** BLUE SLIP **

AP STAGE 4 : 97 days - 3 months (4/14/2009 to 7/20/2009)
DOS call to receive I-601 (Waiver of Grounds for Inadmissibility - basically denial) from Guangzhou : 6/24/2009

REMOVAL OF I-601 due to my letters to the USCIS Director, Michael Aytes: 6/29/2009
CALL-IN LETTER NOTIFIED : 7/8/2009
CALL-IN LETTER (APPROVAL)!! : 7/16/2009
ALL DONE!! (got both GREEN CARD & SSN CARD) : 10/1/2009

"http://www.visajourney.com/forums/topic/194075-feel-like-a-cr-1-csc-castaway/page-60" (pages 53-63) for more updates and letter I wrote to Director Michael Aytes and his replies and back and forth..

HER PARENTS - 10 months so far

I-130 Sent In : 1/7/2013

I-130 Approval : 3/28/2013

Transfer to NVC : 6/12/2013

Case Complete : 8/25/2013

"Ready for Interview" (Ready to wait for 1-3 Months, this is official NVC letter transfer date) : 9/9/2013

DHL Tracking : arrived 9/24/2013

P4 Letter : 11/21/2013

Interview Date : 12/9/2013, originally 12/3, stupid lawyer filled out her dad's passport number wrong..

Interview Passed : 12/9/2013

Visa "Issued" on CEAC : 12/10/2013

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

to tell you the truth though.. I wouldn't risk it.. that's why I didn't do the fiance visa in the first place.. if I got a "deny" on that, then I would have a strike against the K3 if I did apply for that next.. now I have a reason that I can fight with.. USCIS will always come up with reasons to protect themselves..

I-130 STAGE 1 : 533 days - 1 year 6 months (4/16/2007 to 9/22/2008)

Priority Date I-130 : 4/16/2007 ( 533 days , APPROVED 9/22/2008)
Transferred to local office based on "security checks" : 11/27/2007
wrote hundreds of letters - received letter from FBI Records Management Chief stating no security checks
local office interview : 2/21/2008 - brought my parents too (result : you will get approval within 2-3 weeks)

5/2/2008 - (lawsuit) Writ of Mandamus - OFFICIAL DATE (7/29/2008)
9/22/2008 - CALL AND EMAIL COPY OF APPROVAL NOTICE FROM LAWYER

NVC STAGE 2 : 99 days - 3 months (9/30/2008 to 1/7/2009)

NVC Received : 9/30/2008
Received Packet 3 (I-864/DS-230) : 11/10/2008
NVC says "RFE sent out 12/9/08 for missing documents" : 12/10/2008
CASE COMPLETE - 1/7/2009

CONSULATE STAGE 3 : 96 days - 3 months (1/8/2009 to 4/14/2009)
CLEARED CUSTOMS - 3/10/2009
**APPOINTMENT DATE : 4/14/2009, 7:15AM**
** BLUE SLIP **

AP STAGE 4 : 97 days - 3 months (4/14/2009 to 7/20/2009)
DOS call to receive I-601 (Waiver of Grounds for Inadmissibility - basically denial) from Guangzhou : 6/24/2009

REMOVAL OF I-601 due to my letters to the USCIS Director, Michael Aytes: 6/29/2009
CALL-IN LETTER NOTIFIED : 7/8/2009
CALL-IN LETTER (APPROVAL)!! : 7/16/2009
ALL DONE!! (got both GREEN CARD & SSN CARD) : 10/1/2009

"http://www.visajourney.com/forums/topic/194075-feel-like-a-cr-1-csc-castaway/page-60" (pages 53-63) for more updates and letter I wrote to Director Michael Aytes and his replies and back and forth..

HER PARENTS - 10 months so far

I-130 Sent In : 1/7/2013

I-130 Approval : 3/28/2013

Transfer to NVC : 6/12/2013

Case Complete : 8/25/2013

"Ready for Interview" (Ready to wait for 1-3 Months, this is official NVC letter transfer date) : 9/9/2013

DHL Tracking : arrived 9/24/2013

P4 Letter : 11/21/2013

Interview Date : 12/9/2013, originally 12/3, stupid lawyer filled out her dad's passport number wrong..

Interview Passed : 12/9/2013

Visa "Issued" on CEAC : 12/10/2013

Posted
they will probably look as to why you did that.. also, it may give them a reason to deny or ask for more INFO.. and the time in-between marriages also can be bad.. I think The K-1 is more riskier too.. but I'm sure you can do it this way... Again, if you marry the same person, they can tell right away too.. =(

No not a way to make it faster, but there would be good reason behind it. And the way USCIS thinks with their rules and regulations, we have already met the regulations to file for a K1 we have met, emails galore, pictures, and etc. Its a bit more complicated of why Im asking, but I do not see that a former married couple could not do this. As long as what ever visa a person files for, they just have to prove a TRUE relationship. Correct? , Yes.

Gogo, I still pray things come out positive for you and your wife very soon. Your in my prays.

Truly happy!!!

New life, new adventures, and a new attitude.

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

thank you Paris Heart.. :star: and I wish that your journey would be restarted soon and get approved =) you should do some more research on this before you try it though.. it's better to be prepared than sorry later on.. they might put a new rule saying once you do K3, you can't do K1 or something like that.. I sure hope not.. :unsure: there should be people who ask this question before.. maybe not on here, but elsewhere.. good luck!! :thumbs:

I-130 STAGE 1 : 533 days - 1 year 6 months (4/16/2007 to 9/22/2008)

Priority Date I-130 : 4/16/2007 ( 533 days , APPROVED 9/22/2008)
Transferred to local office based on "security checks" : 11/27/2007
wrote hundreds of letters - received letter from FBI Records Management Chief stating no security checks
local office interview : 2/21/2008 - brought my parents too (result : you will get approval within 2-3 weeks)

5/2/2008 - (lawsuit) Writ of Mandamus - OFFICIAL DATE (7/29/2008)
9/22/2008 - CALL AND EMAIL COPY OF APPROVAL NOTICE FROM LAWYER

NVC STAGE 2 : 99 days - 3 months (9/30/2008 to 1/7/2009)

NVC Received : 9/30/2008
Received Packet 3 (I-864/DS-230) : 11/10/2008
NVC says "RFE sent out 12/9/08 for missing documents" : 12/10/2008
CASE COMPLETE - 1/7/2009

CONSULATE STAGE 3 : 96 days - 3 months (1/8/2009 to 4/14/2009)
CLEARED CUSTOMS - 3/10/2009
**APPOINTMENT DATE : 4/14/2009, 7:15AM**
** BLUE SLIP **

AP STAGE 4 : 97 days - 3 months (4/14/2009 to 7/20/2009)
DOS call to receive I-601 (Waiver of Grounds for Inadmissibility - basically denial) from Guangzhou : 6/24/2009

REMOVAL OF I-601 due to my letters to the USCIS Director, Michael Aytes: 6/29/2009
CALL-IN LETTER NOTIFIED : 7/8/2009
CALL-IN LETTER (APPROVAL)!! : 7/16/2009
ALL DONE!! (got both GREEN CARD & SSN CARD) : 10/1/2009

"http://www.visajourney.com/forums/topic/194075-feel-like-a-cr-1-csc-castaway/page-60" (pages 53-63) for more updates and letter I wrote to Director Michael Aytes and his replies and back and forth..

HER PARENTS - 10 months so far

I-130 Sent In : 1/7/2013

I-130 Approval : 3/28/2013

Transfer to NVC : 6/12/2013

Case Complete : 8/25/2013

"Ready for Interview" (Ready to wait for 1-3 Months, this is official NVC letter transfer date) : 9/9/2013

DHL Tracking : arrived 9/24/2013

P4 Letter : 11/21/2013

Interview Date : 12/9/2013, originally 12/3, stupid lawyer filled out her dad's passport number wrong..

Interview Passed : 12/9/2013

Visa "Issued" on CEAC : 12/10/2013

Posted
thank you Paris Heart.. :star: and I wish that your journey would be restarted soon and get approved =) you should do some more research on this before you try it though.. it's better to be prepared than sorry later on.. they might put a new rule saying once you do K3, you can't do K1 or something like that.. I sure hope not.. :unsure: there should be people who ask this question before.. maybe not on here, but elsewhere.. good luck!! :thumbs:

Gogo, I plan to do more research with a Immigration attorney and with USCIS themselves here in Houston.

But as everyone knows, I did cancel my petitions with USCIS 2 weeks ago. Now I need to finish this other journey from Hell Im in now, then I will re-start my Long life Journey with my adoring husband once again.

Truly happy!!!

New life, new adventures, and a new attitude.

Posted
thank you Paris Heart.. :star: and I wish that your journey would be restarted soon and get approved =) you should do some more research on this before you try it though.. it's better to be prepared than sorry later on.. they might put a new rule saying once you do K3, you can't do K1 or something like that.. I sure hope not.. :unsure: there should be people who ask this question before.. maybe not on here, but elsewhere.. good luck!! :thumbs:

Gogo, I plan to do more research with a Immigration attorney and with USCIS themselves here in Houston.

But as everyone knows, I did cancel my petitions with USCIS 2 weeks ago. Now I need to finish this other journey from Hell Im in now, then I will re-start my Long life Journey with my adoring husband once again.

Pushbrk, where are you? I would like to hear your thoughts on this matter please.

Truly happy!!!

New life, new adventures, and a new attitude.

Filed: Other Timeline
Posted

I'm confused. It seems to me you are saying the 'proofs' for a K1 are less than for a K3. While we didn't do K3, from my readings I don't think that's necessarily the case. Ultimately, the bonafides of the relationship have to be proven with any familial connection.

Posted
I'm confused. It seems to me you are saying the 'proofs' for a K1 are less than for a K3. While we didn't do K3, from my readings I don't think that's necessarily the case. Ultimately, the bonafides of the relationship have to be proven with any familial connection.

I know it is confusing, and Im NOT saying K1 are less proof required then for a K3 or a CR-1. Both petitions have to have solid proof of a real relationship. I apprechiate everybodys input on this matter, but I will leave it up to USCIS on Friday. After all , they are the ones who will review the petition. Thank you!

Truly happy!!!

New life, new adventures, and a new attitude.

Posted

Or, if you were divorced. Then after the divorce, the two of you were talking about things. So he decided to visit the US to see if there was still anything there. Well as soon as you saw each other, you knew that you had made a huge mistake and were meant to be married. So you run off to Las Vegas get married, and apply for AOS.

4-29-08 - Mailed I-130 & I-129F together to CSC

CSC

I-130 I-129F

5-01-08 - NOA1 5-02-08 - NOA1

5-04-08 - Touched 5-06-08 - Touched

5-05-08 - Rcvd NOA1 in mail 5-08-08 - Rcvd NOA1 in mail

5-14-08 - Touched 5-14-08 - Touched

5-20-08 - Touched

5-29-08 - NOA2................................5-29-08 - NOA2

5-30-08 - Touched............................5-30-08 - Touched

6-02-08 - Rcvd NOA2 hardcopy..........6-02-08 - Rcvd NOA2 hardcopy

NVC

6-05-08 - NVC rcvd, new # & IIN.......6-04-08 - NVC rcvd, new #

6-15-08 - NVC invoiced AOS..............6-09-08 - Shipped DHL to Bs. As.

6-15-08 - Paid AOS online..................6-11-08 - Dlvd to Embassy

6-15-08 - Sent DS-3032 email...........6-17-08 - Received e-mail Packet 3

6-17-08 - AOS shows PAID!!!............6-25-08 - Turnned in Packet 3

6-17-08 - Sent AOS pkg Fed Ex.........7-11-08 - Medical

6-23-08 - DS-3032 accepted..............8-14-08 - Interview!!!

6-26-08 - NVC says my I-864EZ is not original Signature (BS!!!)

6-28-08 - IV bill invoiced online.

7-01-08 - Paid IV Bill online

7-01-08 - Re-sent I-864EZ

7-02-08 - IV Bill show "Paid"

7-02-08 - NVC Received I-864EZ, again!!

7-03-08 - Sent DS-230 via FedEx.

7-03-08 - NVC recieves and enters new I-864EZ

7-07-08 - NVC receives and enters DS-230

7-16-08 - CASE COMPLETE!!!!

8-14-08 - Interview. APPROVED!!!!!!!!!!!

8-19-08 - POE, Washington DC.

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

ask attorney Marc Ellis and get opinion i think they may frown on it besides take more of your time and money to get where u already are

TIMELINE

04/04/2007 K1 Interview from H...w/the devil herself

06/12/2007 Rec'd Notification Case Now Back In Calif. only to expire

-------------

11/20/2007 Married in Morocco

02/23/2008 Mailed CR1 application today

03/08/2008 NOA1 Notice Recd (notice date 3/4/08)

08/26/2008 File transfered fr Vermont to Calif

10/14/2008 APPROVALLLLLLLLLLLL

10/20/2008 Recd hard copy NOA2

10/20/2008 NVC Recd case

11/21/2008 CASE COMPLETE

01/15/2009 INTERVIEW

01/16/2009 VISA IN HAND

01/31/2009 ARRIVED OKC

BE WHO YOU ARE AND SAY WHAT YOU FEEL, BECAUSE THOSE WHO MIND DONT MATTER AND THOSE WHO MATTER DONT MIND

YOU CANT CHANGE THE PAST BUT YOU CAN RUIN THE PRESENT BY WORRYING OVER THE FUTURE

TRIP.... OVER LOVE, AND YOU CAN GET UP

FALL.... IN LOVE, AND YOU FALL FOREVER

I DO HAVE THE RIGHT TO REMAIN SILENT, JUST NOT THE ABILITY

LIKE THE MEASLES, LOVE IS MOST DANGEROUS WHEN IT COMES LATER IN LIFE

LIFE IS NOT THE WAY ITS SUPPOSED TO BE, ITS THE WAY IT IS

I MAY NOT BE WHERE I WANT TO BE BUT IM SURE NOT WHERE I WAS

Filed: Other Country: China
Timeline
Posted
thank you Paris Heart.. :star: and I wish that your journey would be restarted soon and get approved =) you should do some more research on this before you try it though.. it's better to be prepared than sorry later on.. they might put a new rule saying once you do K3, you can't do K1 or something like that.. I sure hope not.. :unsure: there should be people who ask this question before.. maybe not on here, but elsewhere.. good luck!! :thumbs:

Gogo, I plan to do more research with a Immigration attorney and with USCIS themselves here in Houston.

But as everyone knows, I did cancel my petitions with USCIS 2 weeks ago. Now I need to finish this other journey from Hell Im in now, then I will re-start my Long life Journey with my adoring husband once again.

Pushbrk, where are you? I would like to hear your thoughts on this matter please.

Sometimes I work but I've been on the golf course, thank you.

This is a patently stupid idea unless there is an actual need for it, like the current marriage turned out to be bigamous or not legal in some way.

Of course, it's possible but will invite addition scrutiny of bona fides.

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

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

Since I know at least one couple who were married a billion years, divorced and then remarried, I could see it happening. People do strange things especially when it comes to love.

(they later divorced for the second and final time.)

Sent I-130 to VT 25-Oct-2007

I-130 Moved to California 6-August-2008

My petition has been in 3 states (1, twice) in 9 months!

Rec'd by CSC 8/9, touched 8/11, 8/12, 8/15, 8/20, 8/25

Approved Tuesday, 25-August-2008

10 months since we mailed the petition

Rec'd NVC 9/3, Invoice Generated 9/10, DS-3032 emailed 9/11.

Rec'd AOS invoice 9/15, paid online 9/15, Accepted as Paid 9/18, mailed I-864EZ 9/19

IV Invoiced 9/18, paid online 9/19, Accepted as paid 9/22

DS-230 sent 10/2

Case complete @NVC 10/8 - 11 months, 1 week and 6 days

Interview in Montreal December 18, 2008 - scheduled 1 year, 1 week and 3 days after the start of our journey. Takes place 1 year, 1 month, 3 weeks and 2 days after the start...

[X] Passed [ ] Failed Interview

Thursday, April 2, 2009 Activated Visa - 1 year, 5 months, 1 week and 1 day

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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