Dual filing of K1 and CR1

[RPS 1]

We are planning on filing a K1 in the next few weeks, but would like to get married in Italy this winter, and apply for DCF but may not be able to pull this off logistically. I have read in other forums that a marriage voids the K1. My question is will this hold up or confuse the process?

Mahalo!

[newlyweds 0]

if you file for the K-1 you'll have to pay for the fee $455 if you then get married even before the K-1 was approved, that voids it and you'll have to file for something else like a K-3 but since you said maybe do a DCF, you'll end up paying for another bout of fee i think..

the payment to the USCIS is non refundable just because you decided to do DCF instead while waiting for the K-1

[Penguin_ie 5,993]

It won't confuse the process, but it will cancel your K1. You can't switch visa apps, so basically you will have wasted the money and time filling in forms for the K1 if you end up marrying before it is approved and/ or outside the USA.

If you are considering getting married in Italy in the next few months, I'd suggest holding off on filing for now. Once married, you can (hopefully) file via DCF but even if that is not possible, you can still file for the CR-1 via the USA, which leads to immediate greencard upon entry.

[Twisted K 2]

filing for a k1, and getting married automatically voids out the k1 visa, as you will no longer be fiances. so, just consider that as a donation to uscis. you are free to marry, and file cr1 dcf, if you meet the dcf requirements (there is no k3 for dcf filers). k1 petition (i129f) is currently $455. cr1 petition (i130) is currently $355. k3 petitions (i129f) is free, but you still must also file the (i130) and still pay $355.

so if you want to get married this winter, do not apply for the k1. as i said earlier, that would just be a $455 donation to uscis.

[hindocha 0]

Don't go with CR-1 one!

[RPS 1]

Don't go with CR-1 one!

Any reasons? If not choosing K1 it seems a better option than K3 according to posts? Do you have experience otherwise?

Thanks!

[sachinky 464]

Go with the CR1. It's a much better visa as compared to the K3. The K3 and CR1 are pretty much on the same time-line, the former might beat the latter by 3-4 weeks at the very most.

DON'T file for K1 if your plan is get married anyway. Why donate your money to USCIS?

Edited November 17, 2009 by sachinky

[hindocha 0]

Stick with K1. CR-1 - NVC mess you about

[RPS 1]

Go with the CR1. It's a much better visa as compared to the K3. The K3 and CR1 are pretty much on the same time-line, the former might beat the latter by 3-4 weeks at the very most.

DON'T file for K1 if your plan is get married anyway. Why donate your money to USCIS?

Thank you all for the great info. The reason for dual filing was in case I am unable to make it to Rome this winter - the K1 would be the fall back/slower plan. This is probably a question for another forum, but has anyone (US citizen going to Italy) obtained a permesso di soggiorno? Any advice on that is welcome as that will qualify us for DCF.

[sachinky 464]

If you are willing to wait to get married, then, yes, go ahead with the K1.

Otherwise, do a CR1.

Or look into the requirements for DCF and see if you qualify.

[hindocha 0]

Well I ended up chooisng CR-1 route, as they issued IV and AOS fees. We thought, ok, CR-1 might acutally get processed same time. WRONG! We sent in paperwork, they received it on 23 Oct. They still haven't entered it into their system. It's day 25 today.

#######!!!

WARNING DON'T GO WITH CR-1 - RUBBISH.

I have lost 25 days, no one else suffers. NVC get their money, so do the embassy. The only people to suffer is your spouse and yourself!

[sachinky 464]

I think there is a 6 months - 1 year residency catch somewhere in there for a DCF. Read the guides.

You can't have a back-up plan unfortunately, either you're married or you're a fiancee. If the $455 is of no concern, then it's not a problem. Otherwise it's just wasted money on a petition.

Edited November 17, 2009 by sachinky

[RPS 1]

I think there is a 6 months - 1 year residency catch somewhere in there for a DCF. Read the guides.

You can't have a back-up plan unfortunately, either you're married or you're a fiancee. If the $455 is of no concern, then it's not a problem. Otherwise it's just wasted money on a petition.

Thanks - you're right on that 6 month residency. For others in same boat, I did read that there are no laws that govern this choice on behalf of the embassy. Also if I (USC) hold permesso di soggiorno (permit to stay) will qualify me for this option.

This is part of the logistical plan that has to work for the CR1 to be the correct option.

[Twisted K 2]

you don't necessarily have to do dcf to get the cr1. many people, including myself, have gotten married in the beneficiary's country, and came back home and filed. so you can still go to italy and get married.

[newlyweds 0]

filing for a k1, and getting married automatically voids out the k1 visa, as you will no longer be fiances. so, just consider that as a donation to uscis. you are free to marry, and file cr1 dcf, if you meet the dcf requirements (there is no k3 for dcf filers). k1 petition (i129f) is currently $455. cr1 petition (i130) is currently $355. k3 petitions (i129f) is free, but you still must also file the (i130) and still pay $355.

so if you want to get married this winter, do not apply for the k1. as i said earlier, that would just be a $455 donation to uscis.

don't forget a $1010 for AOS, and a civil surgeon, then removal of conditions after 2 years... that's K-1 for you lol

it's faster but will cost you more

but what's money right? whatever can make you be together with your loved one sooner, the expenses don't matter that much