Switching from K-1 Process to CR1 Process

[Palladin 18]

The situation is I already filed the I-129F petition for my lover in China in mid December, 2010. Now we are thinking about getting married in China next months and re-start the whole thing via the CR1 process instead.

Any opinion why or why we should not do it?

The advantages of doing so:

1. The US Consulate in Guangzhou is said to be handing out K-1 denials like candies. I believe we have a strong case: strong financial support and very bina fides relationship. But I don't want to take a chance and risk getting a denial and then start it all over again. If we get married now while waiting for K-1, we will be able to present a much stronger case, and this time I am more prepared to file all supporting documents with the initial I-130 petition filing.

2. Avoids the huzzle of second step of having to apply again once she arrives in the USA on a K-1 visa and get married. Overall application fee will be cut by about $1000, subtracting the I-129F fee wasted I am still better off.

3. Overall USCIS processing time of CR1 (I-130) petition is now 3 to 4 months, versus K-1 (I-129F) which is 5 to 6 months and getting longer. More over they have an electronic processing pilot program in Guangzhou Consulate, so the steps after petition approval is much faster. We might actually get the visa in less time, after initial filing.

The dis-advantages:

1. I will waste nearly 3 months wait time, from the initial filing date of I-129F, to the initial filing of I-130.

2. I will waste the $430 filing fee of I-129F, having to withdrawn it.

3. There might be additional wait time, if they do not promptly withdrawn my I-129F and promptly accept I-130 as I mail them in, even if I instruct them to do so. I don't know what other thing may complicate matter.

4. On a very short vacation time budget we really can not schedule a wedding in China. We just have time to get a marriage certificate. Would lack of traditional wedding photos cause a problem?

Any of you guys have something to say about our plan?

[faust-yusov 103]

The CR1 is usually around $1000 cheaper than the K-1/AOS process, so I wouldn't worry too much about losing the $340 filing fee (I assume $430 was a typo?).

Lack of traditional wedding photos won't be a problem if you can prove the legitimacy of your relationship in other ways.

[YuAndDan 153]

It really depends on your relationship prior to K-1 petition filing.

If you build a strong case prior to filing I-129F things like:

• No prior marriages.
• Knowing each other for some time prior to filing the I-129F
• Couple trips to China prior to filing, and perhaps one while petition is in process.
• Common language.
• Not being introed to fiancee by a family member of fiancee living in the USA.

I went through the K-1 process through Guangzhou, no issues.

As for time savings, USCIS has the same processing time for I-129F and I-130 (5 months) so that wont save you anything.

As for cost, yes the CR-1 costs less however you will have to factor in the fee you already paid, and additional travel costs to get married.

I would stick with the K-1 course..

[DasBoot 7]

I don't understand what you mean by this:

Not being introed to fiancee by a family member of fiancee living in the USA?

Are you saying it is good or bad to be introduced to your fiancee by a family member living in the USA?

[YuAndDan 153]

I don't understand what you mean by this:

Not being introed to fiancee by a family member of fiancee living in the USA?

Are you saying it is good or bad to be introduced to your fiancee by a family member living in the USA?

Can be a red-flag, looks like family in USA is trying to get family in home country a visa faster than the normal processing for siblings, or older children or aunts, uncles, nieces, nephews etc.... Looks like marriage being entered souly to get immigrations benefit.

Other examples, working for your fiancee's or spouse's family in the USA.

[Palladin 18]

I don't understand what you mean by this:

Not being introduced to fiancee by a family member of fiancee living in the USA?

Are you saying it is good or bad to be introduced to your fiancee by a family member living in the USA?

Yes I know it could be a red flag for marriage fraud if you (the US citizen) is first introduced to your fiancee by a friend or relative currently living in the USA. The theory being that the fiancee wanted to move to the USA as first goal so she (the fiancee) recruits the help ofher US relative to find her an American boyfriend to begin with. So that brings immediate suspicion that the girl just wanted a green card and used marriage as a bridge for that. Of course the US citizen is totally innocent, and of course it could be that the two people are really in love. But it is hard to prove to the US consulate that the relashipship was entered for love and happiness, not for green card.

As the US citizen, who would want to marry a girl who just want to use you to get a green card? You want to find true love when you marry a woman from another country. For this reason I strongly discourage using match making sites which are mainly oriented to make international couples, or using the introduction of a social connection who is more strongly connected to the alien person, than to yourself. You probably want to use a match making web site which is mainly oriented for domestic relationship in the foreign country.

In my case, I am perfectly clean: I am the one who went out of my way to approach my fiancee first, on a match making site mainly used by Chinese to find domestic relationships. She has absolutely no family member or friend in the USA, and it never ever came to her mind that she might one day live in a foreign country, had it not been that I approacher her by chance. So that is a good thing there is no red flag in our relationship.

Edited January 28, 2011 by Palladin

[Palladin 18]

As a matter of fact we did get married and then canceled the K-1 to start the CR1 process. So far we are still waiting for P2. It does cost us a few months. Hopefully the visa process goes smothly. I will keep people updated.