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Which is our best option/route between the K1/CR1 visa?

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Filed: K-1 Visa Country: Jamaica
Timeline

Good day to you all.I had been browsing and reading through this forum for quite some time now and I do find this forum to be very helpful and resourceful.i do have few concerns to be addressed.It's almost 12 months now since i file for divorce and it is not yet to be finalized because of Jamaica sloppy Courthouse system.I just recently apply for my decree absolute which is the final step/stage of the divorce process since October 19 of this year.i am just now awaiting for it to be approve and sign by a judge so i can get a hard copy of it to move on.I am hope my divorce will be finalized between this month to next month,but with Jamaica divorce system there's no predictions as to when it will be final.My fiance divorce was final July of this year and we got engage since September of this Year.My fiance plans to petition a K1/CR1 visa for me immediately after my divorce becomes final.We are not sure yet which visa to apply for.

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My fiance had recently spoke to an attorney who advises us to get married instead and apply for the CR1 instead of doing the K1 visa.he also mention that based on a background and history we don't have any major but we still not sure if that's the best option.have a few concerns Being that my now fiance was married to a Jamaican National and petition a k1 visa many years ago.They were married over 10 years and were separated before i met him.I got married 2 days after meeting my soon to be ex-husband in 2009,who was petitioning a CR1 Visa for me.I was already separated and petitioning for a divorce before i met my now fiance.my now fiance and i are 19 years apart.am 26 years old and he is 45,we are interracial couple as well.Anyway we were wondering if we could file for a K1 visa immediately after my divorce is final?or if we decided to get marry in Jamaica could we do it immediately after my divorce is final?or should we wait awhile before filing or doing either one?will we need to use an attorney?We do not want to look bad or fraudulent.we just wanna be together permanently.I know that no one can make our decisions or choose for us but we just need some advise and guidance.Sorry for the lengthy post and Thanks for everyone's help.

A&J K1 visa Journey

Sent I-129F packet Sat-June 8,2013.

USCIS received 1-I29F Packet Wed-June 12,2013.

NOA1 Notification (email & text msg) and Notice Date Fri-June 14,2013.

Awaiting NOA1 hard copy in mail.................................

Alien Registration Number was changed relating to your I129F, PETITION FOR FIANCE(E) On Thurs-June 20, 2013

NOA1 hard copy in the mail Fri-June 21,2013

I129F, PETITION FOR FIANCE(E) transferred from VSC to TSC On Fri-August 9, 2013

I129F,Petition for FIANCE(E) transfer and now being process at TSC Thur-August 15,2013

Receive Notice of Action Transfer (NOA-T) on Mon-August 19,2013

NOA2 Notification (Email) Wed-September 18,2013

NOA2 hard copy in the mail Tues-September 24,2013

I129F is shipped from USCIS to NVC Thurs-September 26,2013

NVC received approved I129F and assign case number Fri-October 4,2013

NVC shipped I129F to Embassy Wed-October 23,2013

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Filed: Citizen (apr) Country: Jordan
Timeline

you said this " .I got married 2 days after meeting my soon to be ex-husband in 2009,who was petitioning a CR1 Visa for me."

Does this mean you were married to a US citizen? your post is extremely hard to follow.If you were married to a US citizen don;t you have status here? This is just too confusing to follow as many thoughts and sentences run together...


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Filed: K-1 Visa Country: Jamaica
Timeline

you said this " .I got married 2 days after meeting my soon to be ex-husband in 2009,who was petitioning a CR1 Visa for me."

Does this mean you were married to a US citizen? your post is extremely hard to follow.If you were married to a US citizen don;t you have status here? This is just too confusing to follow as many thoughts and sentences run together...

sorry for the confusion,that was never my intention.I am currently married to a USC which soon become my ex-husband once my divorce is finalized.I do not have a status there.

i just wanted to know if it's ok to get married after my divorce and apply for a CR1 or it would be better if my fiance apply for the K1 right after my divorce?

A&J K1 visa Journey

Sent I-129F packet Sat-June 8,2013.

USCIS received 1-I29F Packet Wed-June 12,2013.

NOA1 Notification (email & text msg) and Notice Date Fri-June 14,2013.

Awaiting NOA1 hard copy in mail.................................

Alien Registration Number was changed relating to your I129F, PETITION FOR FIANCE(E) On Thurs-June 20, 2013

NOA1 hard copy in the mail Fri-June 21,2013

I129F, PETITION FOR FIANCE(E) transferred from VSC to TSC On Fri-August 9, 2013

I129F,Petition for FIANCE(E) transfer and now being process at TSC Thur-August 15,2013

Receive Notice of Action Transfer (NOA-T) on Mon-August 19,2013

NOA2 Notification (Email) Wed-September 18,2013

NOA2 hard copy in the mail Tues-September 24,2013

I129F is shipped from USCIS to NVC Thurs-September 26,2013

NVC received approved I129F and assign case number Fri-October 4,2013

NVC shipped I129F to Embassy Wed-October 23,2013

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Filed: AOS (apr) Country: Australia
Timeline

You came on a CR-1 visa? If so you should have a GC? Did you give up your GC or have you been outside the US for more than a year?

Edited by Xanax

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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sorry for the confusion,that was never my intention.I am currently married to a USC which soon become my ex-husband once my divorce is finalized.I do not have a status there.

i just wanted to know if it's ok to get married after my divorce and apply for a CR1 or it would be better if my fiance apply for the K1 right after my divorce?

Besides the not having status statement, I'm gathering you aren't a US Citizen, which means you wouldn't be eligible for petitioning anyone. :huh2:

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Filed: K-1 Visa Country: Jamaica
Timeline

You came on a CR-1 visa? If so you should have a GC? Did you give up your GC or have you been outside the US for more than a year?

I never went to the U.S because my husband turn out to be a monster.Our CR1 case was at the NVC level at the time when i decide to split.So am still currently in Jamaica.

A&J K1 visa Journey

Sent I-129F packet Sat-June 8,2013.

USCIS received 1-I29F Packet Wed-June 12,2013.

NOA1 Notification (email & text msg) and Notice Date Fri-June 14,2013.

Awaiting NOA1 hard copy in mail.................................

Alien Registration Number was changed relating to your I129F, PETITION FOR FIANCE(E) On Thurs-June 20, 2013

NOA1 hard copy in the mail Fri-June 21,2013

I129F, PETITION FOR FIANCE(E) transferred from VSC to TSC On Fri-August 9, 2013

I129F,Petition for FIANCE(E) transfer and now being process at TSC Thur-August 15,2013

Receive Notice of Action Transfer (NOA-T) on Mon-August 19,2013

NOA2 Notification (Email) Wed-September 18,2013

NOA2 hard copy in the mail Tues-September 24,2013

I129F is shipped from USCIS to NVC Thurs-September 26,2013

NVC received approved I129F and assign case number Fri-October 4,2013

NVC shipped I129F to Embassy Wed-October 23,2013

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Filed: K-1 Visa Country: Jamaica
Timeline

Besides the not having status statement, I'm gathering you aren't a US Citizen, which means you wouldn't be eligible for petitioning anyone. :huh2:

Am not a U.S citizen.I am a Jamaican who still lives in Jamaica.I was asking if my now USC fiance could petition a K1 or CR1 visa on my behalf immediately after i been granted my divorce?

A&J K1 visa Journey

Sent I-129F packet Sat-June 8,2013.

USCIS received 1-I29F Packet Wed-June 12,2013.

NOA1 Notification (email & text msg) and Notice Date Fri-June 14,2013.

Awaiting NOA1 hard copy in mail.................................

Alien Registration Number was changed relating to your I129F, PETITION FOR FIANCE(E) On Thurs-June 20, 2013

NOA1 hard copy in the mail Fri-June 21,2013

I129F, PETITION FOR FIANCE(E) transferred from VSC to TSC On Fri-August 9, 2013

I129F,Petition for FIANCE(E) transfer and now being process at TSC Thur-August 15,2013

Receive Notice of Action Transfer (NOA-T) on Mon-August 19,2013

NOA2 Notification (Email) Wed-September 18,2013

NOA2 hard copy in the mail Tues-September 24,2013

I129F is shipped from USCIS to NVC Thurs-September 26,2013

NVC received approved I129F and assign case number Fri-October 4,2013

NVC shipped I129F to Embassy Wed-October 23,2013

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Am not a U.S citizen.I am a Jamaican who still lives in Jamaica.I was asking if my now USC fiance could petition a K1 or CR1 visa on my behalf immediately after i been granted my divorce?

Okay, now it's starting to make sense as you didn't state earlier who was the US Citizen.

If your fiancé is also getting divorced, he will need to ensure he has the final divorce decree to submit with the petition. Both of you need to be legally free to marry, so ensure you are aware of any waiting periods. There may be some additional scrutiny since he's married someone from Jamaica previously, but that would happen with either the fiancé(e) or spousal petition and subsequent visa process. On which is the best option, that would be between you and your fiancé to determine.

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Filed: K-1 Visa Country: Jamaica
Timeline

Okay, now it's starting to make sense as you didn't state earlier who was the US Citizen.

If your fiancé is also getting divorced, he will need to ensure he has the final divorce decree to submit with the petition. Both of you need to be legally free to marry, so ensure you are aware of any waiting periods. There may be some additional scrutiny since he's married someone from Jamaica previously, but that would happen with either the fiancé(e) or spousal petition and subsequent visa process. On which is the best option, that would be between you and your fiancé to determine.

my fiance is already been divorce since July 2012.We are only waiting for my divorce to be finalized.My fiance is from West Virginia so there's no waiting period it's the same for Jamaica as well.yes he was previously married but that was from 1998 and he got separated in 2011 before he met me.

A&J K1 visa Journey

Sent I-129F packet Sat-June 8,2013.

USCIS received 1-I29F Packet Wed-June 12,2013.

NOA1 Notification (email & text msg) and Notice Date Fri-June 14,2013.

Awaiting NOA1 hard copy in mail.................................

Alien Registration Number was changed relating to your I129F, PETITION FOR FIANCE(E) On Thurs-June 20, 2013

NOA1 hard copy in the mail Fri-June 21,2013

I129F, PETITION FOR FIANCE(E) transferred from VSC to TSC On Fri-August 9, 2013

I129F,Petition for FIANCE(E) transfer and now being process at TSC Thur-August 15,2013

Receive Notice of Action Transfer (NOA-T) on Mon-August 19,2013

NOA2 Notification (Email) Wed-September 18,2013

NOA2 hard copy in the mail Tues-September 24,2013

I129F is shipped from USCIS to NVC Thurs-September 26,2013

NVC received approved I129F and assign case number Fri-October 4,2013

NVC shipped I129F to Embassy Wed-October 23,2013

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my fiance is already been divorce since July 2012.We are only waiting for my divorce to be finalized.My fiance is from West Virginia so there's no waiting period it's the same for Jamaica as well.yes he was previously married but that was from 1998 and he got separated in 2011 before he met me.

Did his ex-wife return to Jamaica, or is she still in the US? Do you know her status, e.g. is she a US citizen now or still a green card holder? That will be important to know when it comes time for the affidavit of support documentation.

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Filed: K-1 Visa Country: Jamaica
Timeline

Did his ex-wife return to Jamaica, or is she still in the US? Do you know her status, e.g. is she a US citizen now or still a green card holder? That will be important to know when it comes time for the affidavit of support documentation.

She is in the United states,She's a citizen as well.

A&J K1 visa Journey

Sent I-129F packet Sat-June 8,2013.

USCIS received 1-I29F Packet Wed-June 12,2013.

NOA1 Notification (email & text msg) and Notice Date Fri-June 14,2013.

Awaiting NOA1 hard copy in mail.................................

Alien Registration Number was changed relating to your I129F, PETITION FOR FIANCE(E) On Thurs-June 20, 2013

NOA1 hard copy in the mail Fri-June 21,2013

I129F, PETITION FOR FIANCE(E) transferred from VSC to TSC On Fri-August 9, 2013

I129F,Petition for FIANCE(E) transfer and now being process at TSC Thur-August 15,2013

Receive Notice of Action Transfer (NOA-T) on Mon-August 19,2013

NOA2 Notification (Email) Wed-September 18,2013

NOA2 hard copy in the mail Tues-September 24,2013

I129F is shipped from USCIS to NVC Thurs-September 26,2013

NVC received approved I129F and assign case number Fri-October 4,2013

NVC shipped I129F to Embassy Wed-October 23,2013

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event.png

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