Dual filing of K1 and CR1

[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.

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

you are right oh and for cr1 you have to also pay an additional $470 at the NVC stage.

[Scott and Mhay 57]

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.

Hopefully someone has a better answer on this, but i would say you would have to call the embassy to see. I think for the most part the DCF has shown to be geared toward military if you have to have a 6 month residency requirement before doing that since there is a requirement for you to have domicile in the US. For the average person, this isnt really an option since it is hard to have both...unless if you are able to file just before leaving the country to go back to the US. I think later in the process you have to prove the domicile. I think you just need to figure on which way you want to go...fiancee or spouse. Both have their advantages and disadvantages. It is up to you what you will accept.

[Malrothien 6]

Don't go with CR-1 one!

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

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!

Okay, just stop. Take a deep breathe. Yes, you've had a ####### experience with NVC, so have a lot of other people. The CR1 IS the better visa, period.

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.

Hopefully someone has a better answer on this, but i would say you would have to call the embassy to see. I think for the most part the DCF has shown to be geared toward military if you have to have a 6 month residency requirement before doing that since there is a requirement for you to have domicile in the US. For the average person, this isnt really an option since it is hard to have both...unless if you are able to file just before leaving the country to go back to the US. I think later in the process you have to prove the domicile. I think you just need to figure on which way you want to go...fiancee or spouse. Both have their advantages and disadvantages. It is up to you what you will accept.

I can answer this. I am a USC, with permanent residency in Canada. In the I864 instructions, I have to prove the INTENT to reestablish my domicile as I do not have domicile currently. It is possible to do, there are many DCF'rs (I would say majority) that have gone through the process and been approved.

[Wyatt's Torch 45]

I don't know what Hindocha is going on about...his timeline looks perfectly normal to me...

But yes, like most others have stated, CR-1 is the best route. My wife and I mistakenly filed for K-1, then got married before it was officially approved (it was a complete oversight on our part...made before my VJ days, of course ), which voided the K-1 process. But even so, if you get married and go through the CR-1 process, the beneficiary will likely be a permanent resident in six months or so. The downside is that the beneficiary won't be able to stay in the U.S. long-term until all of the visa processing goes through...but the upside is that it is more convenient, more sensible, and cheaper to go the CR-1 route.

Good luck!

[Darnell 8,478]

I don't know what Hindocha is going on about...his timeline looks perfectly normal to me...

I too notice the pattern - when some one gets stuck, they will bemoan in other topics. Hindocha is stuck for the moment - sure it's sad, but to have something like that bleed over into other topics? yikes. Hindocha - no, it's not a personal attack, relax, you ...

[pushbrk 12,809]

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!

No "switching" allowed. If you marry during the K1 process, the K1 is dead and gone with no refund and you start over. DCF requires you actually live in Italy six months before filing. Check with Naples directly on the requirements though. If you can qualify for DCF, just go that route. No need to waste time and money filing a fiance petition. Remember, the K1 requires the marriage be IN THE USA, AFTER the visa is granted and used.

[Wyatt's Torch 45]

No "switching" allowed. If you marry during the K1 process, the K1 is dead and gone with no refund and you start over. DCF requires you actually live in Italy six months before filing. Check with Naples directly on the requirements though. If you can qualify for DCF, just go that route. No need to waste time and money filing a fiance petition. Remember, the K1 requires the marriage be IN THE USA, AFTER the visa is granted and used.

^ Yup. Learned that the hard way.

[Gaynto 0]

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.

My understanding is that they are VERY, VERY difficult thing to get, but with the right financial assets you can make it happen. They want you to prove that you have enough assets that you will not need to work while in Italy.. Another option: do you have a company that will sponsor you for a work visa to stay in Italy while you wait?

Edited November 17, 2009 by Gaynto