Jump to content
Ash & Tiffany

Decisions decisions...

By Ash & Tiffany in K-1 Fiance(e) Visa Process & Procedures

 Share

6 posts in this topic

Recommended Posts

Ash & Tiffany Contributor

Ash & Tiffany   4

Posted
Filed: Citizen (pnd) Country: Australia
 Timeline
Posted

Hi everyone.

We've submitted an I-129F and got the NOA1 not long after... But once I get to the US I'm not going to be able to work immediately obviously.

My fiancee and I don't want to wait to get married so we're thinking of getting legally married in October.

I work for a US-based company in Australia that is willing to transfer me to the US once I have my visa. So to us it makes sense to get married, then submit I-130 and follow the IR-1/CR-1 path so that I enter as a permanent resident and have work rights straight away.

I know we're still up for a wait, but could anyone provide feedback? Like positives and negatives of doing this?

Thanks,

Ash

IR-1/CR-1

USCIS
Department of Homeland Security - 61 days
12/27/2012: Sent I-130 to Chicago Lockbox
12/31/2012: Petition Received by USCIS
01/02/2013: NOA1
03/02/2013: NOA2
03/04/2013: Touch

NVC

Department of State - 36 days
03/07/2013: NVC received
03/25/2013: IIN/Case number
03/25/2013: DS-3032 Received via email (Accepted: 04/02/2013)
03/25/2013: AOS Bill (Payment Posted: 03/26/2013)
03/28/2013: AOS Packet Sent (Received by NVC: 03/29/2013)
04/04/2013: IV Bill (Payment Posted: 04/05/2013)
04/07/2013: IV Packet Sent (Received by NVC: 04/11/2013)
04/30/2013: Case Complete

US Consulate Sydney

Department of State - 49 days
05/02/2013: Embassy received
04/17/2013: Medical (Result: Passed)
04/30/2013: Interview Letter Received
06/18/2013: Interview (Result: Approved )

06/19/2013: Visa Issued & Printed
06/20/2013: Visa in hand

POE

Los Angeles, CA
08/02/2013: Entered US as a LPR

ROC

Louisville, KY

07/13/2015: Filed ROC petition with USCIS

07/20/2015: NOA received from USCIS

08/25/2015: Biometrics appointment

Money spent to date: $3438.00

Link to comment
Share on other sites
Que Saudade Proficient

Que Saudade   284

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted (edited)

What you are pointing out is clearly some benefits. If we had it all to do again and knowing what I know now.... We would have done CR1.

In my opinion, it is more efficient and cheaper. Not too mention you can work and travel after you get here instead of waiting for adjustment of status from K1 after marriage.

The only drawback I see is that you lose the money for I-129F petition and a little more time.

I do not know how to withdraw the I-129F. You may want to inquire about how to do that correctly should you choose this route.

Good luck with your decisions and upcoming marriage....

Edited by Que Saudade

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

Link to comment
Share on other sites
Ash & Tiffany Contributor

Ash & Tiffany   4

Posted
Filed: Citizen (pnd) Country: Australia
 Timeline
  • Author
Posted

What you are pointing out is clearly some benefits. If we had it all to do again and knowing what I know now.... We would have done CR1.

In my opinion, it is more efficient and cheaper. Not too mention you can work and travel after you get here instead of waiting for adjustment of status from K1 after marriage.

The only drawback I see is that you lose the money for I-129F petition and a little more time.

I do not know how to withdraw the I-129F. You may want to inquire about how to do that correctly should you choose this route.

Good luck with your decisions and upcoming marriage....

Thanks for the reply :)

Yeah, I also don't know how to withdraw the petition but I will find out. It sucks to lose that money but it's not such a big deal. I have two short trips to the US planned before the end of the year. As long as I don't overstay, and can prove to USCIS and DOS that I did indeed leave after we get married in October, there shouldn't be any problems right?

IR-1/CR-1

USCIS
Department of Homeland Security - 61 days
12/27/2012: Sent I-130 to Chicago Lockbox
12/31/2012: Petition Received by USCIS
01/02/2013: NOA1
03/02/2013: NOA2
03/04/2013: Touch

NVC

Department of State - 36 days
03/07/2013: NVC received
03/25/2013: IIN/Case number
03/25/2013: DS-3032 Received via email (Accepted: 04/02/2013)
03/25/2013: AOS Bill (Payment Posted: 03/26/2013)
03/28/2013: AOS Packet Sent (Received by NVC: 03/29/2013)
04/04/2013: IV Bill (Payment Posted: 04/05/2013)
04/07/2013: IV Packet Sent (Received by NVC: 04/11/2013)
04/30/2013: Case Complete

US Consulate Sydney

Department of State - 49 days
05/02/2013: Embassy received
04/17/2013: Medical (Result: Passed)
04/30/2013: Interview Letter Received
06/18/2013: Interview (Result: Approved )

06/19/2013: Visa Issued & Printed
06/20/2013: Visa in hand

POE

Los Angeles, CA
08/02/2013: Entered US as a LPR

ROC

Louisville, KY

07/13/2015: Filed ROC petition with USCIS

07/20/2015: NOA received from USCIS

08/25/2015: Biometrics appointment

Money spent to date: $3438.00

Link to comment
Share on other sites
Que Saudade Proficient

Que Saudade   284

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted

Thanks for the reply :)

Yeah, I also don't know how to withdraw the petition but I will find out. It sucks to lose that money but it's not such a big deal. I have two short trips to the US planned before the end of the year. As long as I don't overstay, and can prove to USCIS and DOS that I did indeed leave after we get married in October, there shouldn't be any problems right?

No problems as long as there is no overstay. You will have to meet entry requirements like everyone else. Ties back home, that you intend to leave, basically no intent to immigrate..etc.....

Someone will definitely reply with how to withdraw the application properly..

Good Luck

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

Link to comment
Share on other sites
Ash & Tiffany Contributor

Ash & Tiffany   4

Posted
Filed: Citizen (pnd) Country: Australia
 Timeline
  • Author
Posted

No problems as long as there is no overstay. You will have to meet entry requirements like everyone else. Ties back home, that you intend to leave, basically no intent to immigrate..etc.....

Someone will definitely reply with how to withdraw the application properly..

Good Luck

Awesome. Yeah I definitely have those ties back home. I have a letter from HR at work saying I'm expected to report back to work at a specific date, and a copy of the lease on the house I rent :)

Thanks again!

IR-1/CR-1

USCIS
Department of Homeland Security - 61 days
12/27/2012: Sent I-130 to Chicago Lockbox
12/31/2012: Petition Received by USCIS
01/02/2013: NOA1
03/02/2013: NOA2
03/04/2013: Touch

NVC

Department of State - 36 days
03/07/2013: NVC received
03/25/2013: IIN/Case number
03/25/2013: DS-3032 Received via email (Accepted: 04/02/2013)
03/25/2013: AOS Bill (Payment Posted: 03/26/2013)
03/28/2013: AOS Packet Sent (Received by NVC: 03/29/2013)
04/04/2013: IV Bill (Payment Posted: 04/05/2013)
04/07/2013: IV Packet Sent (Received by NVC: 04/11/2013)
04/30/2013: Case Complete

US Consulate Sydney

Department of State - 49 days
05/02/2013: Embassy received
04/17/2013: Medical (Result: Passed)
04/30/2013: Interview Letter Received
06/18/2013: Interview (Result: Approved )

06/19/2013: Visa Issued & Printed
06/20/2013: Visa in hand

POE

Los Angeles, CA
08/02/2013: Entered US as a LPR

ROC

Louisville, KY

07/13/2015: Filed ROC petition with USCIS

07/20/2015: NOA received from USCIS

08/25/2015: Biometrics appointment

Money spent to date: $3438.00

Link to comment
Share on other sites
Moomin Proficient

Moomin   292

Posted
Filed: AOS (apr) Country: Denmark
 Timeline
Posted

Thanks for the reply :)

Yeah, I also don't know how to withdraw the petition but I will find out. It sucks to lose that money but it's not such a big deal. I have two short trips to the US planned before the end of the year. As long as I don't overstay, and can prove to USCIS and DOS that I did indeed leave after we get married in October, there shouldn't be any problems right?

Have you compared the average cost of K1 vs. CR1? In the long run, you won't be losing any money. K1 is more expensive than the CR1, and even after cancelling the K1(the petition) you'll still probably be saving some. Including keeping your job.

Anyways, if you're sure about getting married and filing the i-130, you can write a letter to USCIS saying you're withdrawing your petition (because you're marrying each other). Include copy of NOA1, add your case number to your letter, your full name and your fiancee's full name, date and sign it. If I'm forgetting anything, I'm sure other Vj members are fast to jump in and add.

:)

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...