Cancelling K1(Fiance) and Reapplying for CRI1

[CanTex 1]

We have been waiting for 15 months for our Fiance Visa. Would it be beneficial to us to cancel it, get marrried and reapply?

Also we were advised not to file the I-129 just to go forward with an I-130? Any thoughts?

Thank you.

[cassi9879 20]

Did you contact them to find out what happened? According to your timeline you should've heard something by last May and contacted them then if nothing had been received.

[YuAndDan 153]

Keep in mind you will be starting over.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.

[payxibka 10,045]

We have been waiting for 15 months for our Fiance Visa. Would it be beneficial to us to cancel it, get marrried and reapply?

Also we were advised not to file the I-129 just to go forward with an I-130? Any thoughts?

Thank you.

if you have been waiting 15 months... something is wrong... What was the biometrics appointment you have listed on yout timeline all about? Who was it for?

[CanTex 1]

Thank you for your information.

Would there be a wait as we have dropped one application and started another? Is this allowed to be done?

We have been advised by an attorney to seek an I-130 not a K Visa as we are stuck in security checks.

[YuAndDan 153]

Thank you for your information.

Would there be a wait as we have dropped one application and started another? Is this allowed to be done?

We have been advised by an attorney to seek an I-130 not a K Visa as we are stuck in security checks.

No wait at all, simply file a letter to USCIS requesting that the K-1 petition be withdrawn, and why, "Got married", note on the letter the petition number.

[MrsRowe 2]

Thank you for your information.

Would there be a wait as we have dropped one application and started another? Is this allowed to be done?

We have been advised by an attorney to seek an I-130 not a K Visa as we are stuck in security checks.

I don't believe that dropping the current application will abort the whole security checks issue. I would say start contacting your congressman/woman for assistance. You may be setting yourself up for another wait once you file again and that means starting the clock all over again. I suggest you wait this one out but start seeking help and i dont' mean in the form of a lawyer either. I was stuck in security checks for my citizenship and it took 2 and a half years to finally become a citizen. Start a letter writing campaign to your congressman, uscis and anyone you can think of. Good luck.