Canceling K1 and going CR1 Question..

[KarimaG 2]

Wait until they tell you that your paper is being sent back to USCIS, and don't cancel your K1. Go and get married file a CR1 and let them know that you had file a K1. Send in a copy of the receipt from your K1 because you are not hiding anything, but you won't cancel it because that will mean you agread with what the CO had to say. Let them cancel it. I never cancel mine and my CR1 went through with everything within 4mos and my hubby home. Most people will tell you to speak with a popular Attorney on this site and some other ones. But let me warn you had i listen to him my husband would not be home with me to this day. So if you like Private message me.

You are so right you don't have to sit around and wait because i went and married my husband 2wks after they sent back our denile letter.

Im just worried at how long it will take for them to respond to this. Approve it or deny it but dang it do something. I have heard ppl waiting months to years to get an answer and never getting out of AP. I thought of sending a letter with my cancelation of the k1 stating why I am canceling it. That we do not want to wait to get married, that we do 'not' agree with the interview that he had, etc etc. I know Im getting ahead of things, its only been a week since the interview. But I cant finction like this everyday not having a plan. If I dont have a plan, I just cant get up in the morning. But sitting around like this every day waiting on them will kill me.

As you are going to go and get married in March. Just wait it out and who knows by that time you will hear some news. Just stay patient AP could only take two months as well. Don't cancel your K-1 just yet, because who knows it might go through. In the meantime just extend your petition so it does not expire. By the time March comes around and you don't hear anything then just get married, but let USCIS cancel it for you.

Star

What do you mean by extending the petition? On my Noa2 it gave me a expiration date of January 10, 2010. I assumed that was the date that the interview had to be scheduled for. Does that me my petition will expire by on January 10th? Thanks everyone for your responses!!

[illnevergetthis 5]

Karimag,

Is your AP DOS background checks or is it the embassy investigating your relationship? DOS can answer this when you call them.

I would not and I repeat WOULD NOT cancel K1 and get married. You ate most likely going to prolong your case. AP will not change. You will cancel your K3 , then marry, file the pape work, wait for it to process, gave another interview, and most like go back into AP. I would think that this would add a lot of time to your wait.

Don't go ahead with your plan, unless they tell you that they are sending your case back to USCIS.

AP is part of being from a MENA country.

I wish y'all the best of luck.

[sachinky 465]

AP is a given when it comes to MENA.

CR-1 isn't going to solve this. You'll just have to wait it out, I'm afraid.

Maybe you can wait it out with him?

If they do deny you after AP, then you have other options.

Good luck, guys!

[JimVaPhuong 4,863]

I realise they things that they may see as flags may not go away... BUT... what about the other ppl who get denied k1's and then turn around and get approved for a cr1? He could also very well possibly get another interviewer too?

Filing a CR1 after being denied a K1 can work if the reason for the denial was the consular officer didn't believe the relationship was sincere. Going through the steps to get married, plus the additional time, is often enough to convince them that the relationship is actually genuine. If the denial was due to something else - for example, some other class of inadmissibility - then getting married won't help at all.

Getting another consular officer at the next interview is highly unlikely to help. They will still have records of his previous application, and the new interviewer will see those records. Unless the new CO comes to a different conclusion than the first CO, you'll probably wind up in AP again. There's not much point in throwing away the time you've already waited if you're only going to end up the same place many months from now. Let the process play itself out and see where it goes. If the visa is ultimately denied, then you can decide at that point how to proceed.

[rmncm 0]

Here is a novel idea, don't listen to anybody here telling you not to cancel. Just cancel the k1 and then file a cr1. This way you can wait for 12,18 or 24 months for approval! Seriously though, the AP is needed to protect us USC's, I personally am happy they do this automatically with almost every MENA country.

[baron555 934]

My fiance just went through his interview at Casablanca and did not have good results. At the moment we are in AP. We not exactly feeling rather patient right now... and we're thinking about going with our other plan at the moment. We do not want to sit around on our behinds and 'wait' for an approval that we have no idea 'when' it will ever come. So... In March our plan is for me to go there, we're getting married, then I will come back and file for a CR1. Now obviously cant do that unless the K1 is canceled. But Im not sure how soon I should do that, or how long that will take. Was wondering if waiting until the end of January to cancel would be too late or plenty of time. And how do I do that, do I just write a letter? Send a form?

Thanks so much for your help and answers!

Why would you throw away all this time just to start something else?

Your marital status will have no bearing on what AP they are conducting. I'll say it again, your marital status will have no bearing on the AP they are conducting. If you cancel the K-1 and file for a CR-1, he will go through, most likely, the same AP as he is going through now.

To me a very poor decision. You must remember the country and consulate where he is from. This AP is very normal and should be expected, just based on my readings here on VJ. Good luck and be patient and pray.

[Nagishkaw 510]

Why would you throw away all this time just to start something else?

Your marital status will have no bearing on what AP they are conducting. I'll say it again, your marital status will have no bearing on the AP they are conducting. If you cancel the K-1 and file for a CR-1, he will go through, most likely, the same AP as he is going through now.

To me a very poor decision. You must remember the country and consulate where he is from. This AP is very normal and should be expected, just based on my readings here on VJ. Good luck and be patient and pray.

:thumbs:

[Minya's wife 25]

This is not wheel of fortune, and canceling the K-1 when there is no reason to do so is not advisable. You were not denied a visa, the consulate is doing rather standard (for the country your fiancee is from) processing, and will not change if you are married and applying for a different type of visa, NOR will it change if you happen to get a different interviewer. Execution of your pan B is premature, IMO, right now. Don't forget, that marriage and filing the spousal visa petition takes time, and so does the approval of said petition and getting to the interview stage. All of that is time you can just spend waiting out the AP on your present fiance visa.

[CA dreamer 3]

have patience.

cr1,k3,k1 got the same aim to unite spouses,but you may face ap also at cr1 process,and the worst case senario if u get an ap for 4 months say 6 months,i wanna tell you that cr1 will take you more than 8 months till interview that's the average of all cr1 members.so wait till u see a result,and soon they will contact him with the visa affixed to his passport.good luck

[Malrothien 6]

Here is a novel idea, don't listen to anybody here telling you not to cancel. Just cancel the k1 and then file a cr1. This way you can wait for 12,18 or 24 months for approval! Seriously though, the AP is needed to protect us USC's, I personally am happy they do this automatically with almost every MENA country.

Excuse me? Comments like these ARE NOT HELPFUL. Unless you have something that is going to be productive to say to the OP, don't post.

Karima - Good luck with everything. I hope you do not have a long AP and are able to get your husband home soon.

[Zen Den 18]

Not name hits just stupid #######... like "your papers are tooo organized... UR FAKE" Nothing out of the ordinary and the whole thing really should have been smooth, atleast I think. Seemed first thing as he steped up to talked to her, she repeatedly called him fake because stupid #######... and even refused our proof which we had tons of.

We thought about doing this, because we have heard of quite a few people that fail at receiving a K1, but turn around and do a CR1 and get approved.

think about any possible reason why they think your relationship is fake...why do you think they see your application as too organized?

even if you they the CO didn't look at your fiancee's docs, believe me they made the decision from what she passed (prescreener) before the actual interview

once you have an idea on what caused red flags, come up with the docs/info to explain/answer them

[Chica Yeyé 41]

Here is a novel idea, don't listen to anybody here telling you not to cancel. Just cancel the k1 and then file a cr1. This way you can wait for 12,18 or 24 months for approval! Seriously though, the AP is needed to protect us USC's, I personally am happy they do this automatically with almost every MENA country.

Excuse me? No one cares what you might "think" (and I use the verb lightly). Your comment is completely offensive and not allowed in the upper forums. Read the TOS and if you have nothing to add as immigration advise, refrain from posting in the upper fora. Reported.

[morocco4ever 63]

This reminds me of another poster that went off on a tangent when placed on AP saying they didn't give them a fair interview. I think it was 2 weeks and they issued the visa, wasn't it?

Why in the world would you do this when it hasn't been denied? If it does get denied and sent back then it makes sense, but until then this is a tremendous waste of time and money. And yes, he will have to undergo AP again at the CR1 interview as well.

You need to learn some patience.

[me_4_musa 1]

Why would you throw away all this time just to start something else?

Why in the world would you do this when it hasn't been denied?

Most everyone on here and on the other thread that she posted on are wondering the same thing.

[rmncm 0]

Here is a novel idea, don't listen to anybody here telling you not to cancel. Just cancel the k1 and then file a cr1. This way you can wait for 12,18 or 24 months for approval! Seriously though, the AP is needed to protect us USC's, I personally am happy they do this automatically with almost every MENA country.

Excuse me? Comments like these ARE NOT HELPFUL. Unless you have something that is going to be productive to say to the OP, don't post.

Karima - Good luck with everything. I hope you do not have a long AP and are able to get your husband home soon.

Here is a novel idea, don't listen to anybody here telling you not to cancel. Just cancel the k1 and then file a cr1. This way you can wait for 12,18 or 24 months for approval! Seriously though, the AP is needed to protect us USC's, I personally am happy they do this automatically with almost every MENA country.

Excuse me? No one cares what you might "think" (and I use the verb lightly). Your comment is completely offensive and not allowed in the upper forums. Read the TOS and if you have nothing to add as immigration advise, refrain from posting in the upper fora. Reported.

Do you xxxing think I care? I responded and agreed with others were saying about not canceling the K1. I said it in a maner that maybe they would see the folly of switching from k1 to cr1 and the possible time lost. You can report me all you want I wont lost any sleep over it.