K-1 to CR-1 Need Help

[Matt.M 4]

So basically my fiancee and I filed for a K-1 visa and now she is changing her mind and wants to get married right now instead of waiting and would rather enter the states with a green card and not worry about AOS, EAD, and AP. What do we do? I'm at a loss should we just wait, is it too late or can we get married and start other paperwork. Right now our K-1 is at the RFE stage and they have to look over what we sent back. Any help is appreciated.

Edited January 4, 2012 by Matt.M

[payxibka 10,045]

get married and start over with an i-130

[Matt.M 4]

get married and start over with an i-130

how do we go about that? how do we let uscis know to cancel our I-129f process? is it worth it now since we're 4 months in?

[Inky 1,110]

how do we go about that? how do we let uscis know to cancel our I-129f process? is it worth it now since we're 4 months in?

No its probably not worth it.

Yes you would call and cancel the K-1 - then get married then file the new forms when you have the marriage certificate. Spousal visas are only processed in Montreal and have fairly long wait times. You will end up waiting longer for that then the K-1.

[NigeriaorBust 4,087]

You are at about 1-2 months and interview time to be together on the K1 and you are looking at 4-5 months and interview time to be together on a CR1 . If working right away more important than getting together quickly ?

[Matt.M 4]

You are at about 1-2 months and interview time to be together on the K1 and you are looking at 4-5 months and interview time to be together on a CR1 . If working right away more important than getting together quickly ?

well she lives 30 min from my house since we are both on the boarder thats why i was wondering probably should've done the cr-1 in the first place

[HeatDeath 430]

CR-1s are about $1000 cheaper, because you don't have to do the AOS process to get an EAD and a GC. But they generally take several months longer to process, so the time from initial petition to being-in-the-US-and-allowed-to-work is pretty much the same. The biggest difference is that with a K-1, you move to the US and marry 2/3 - 3/4 of the way through that processing time, whereas with a CR-1 the entire wait occurs after you marry, and you are separated the entire time.

If they are most of the way through processing your I-129F (an RFE means the wait for adjudication is over - it's on an adjudicator's desk and will be approved shortly after the RFE issue is resolved to their satisfaction), the longest piece of the separation is already behind you. Marrying and restarting now will cost you several months additional separation.

One other issue to take into consideration is where you two live. K-1 applicants living west of the Manitoba-Ontario border interview in Vancouver. All other family visa applicants, including all CR-1 applicants, interview in Montreal. This may complicate or simplify her interview arrangements, depending.

Having gotten this far, I would recommend against marrying and starting over with an I-130 now. But you have to weigh the extra delay and lower cost against the interview logistics and ability to work immediately upon entry. If you choose the CR-1 route (which I wouldn't, in your shoes), you can cancel the I-129f by simply writing a letter to the USCIS service center that is processing it, notifying them that you wish to withdraw it.