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C&BJax13

K-1 or CR-1 Help

By C&BJax13 in What Visa Do I Need - Family Based Immigration

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C&BJax13 Rookie

C&BJax13   0

Posted
Filed: Timeline
Posted (edited)

Folks,

Hello!!!

Seeking some wisdom and experience in my approach moving forward.

Here are my questions.

What is the best re-approach towards getting my fiancée here?

Do another K-1?? Or

Just go to Canada get married,and then file for her after?

Anything wrong( violating laws-type of wrong ) with doing it this way too?

Would this way raise any red flags and be more challenging?

Summary:

About 2 years ago I submitted a K1 application for my fiancée who lives and works in Alberta Canada then and today still. Application took forever and a day, then we finally got a RFE with our reply. The RFE was asking for additional documents( for my fiancée) that we could not easily produced.

Background- My fiancée is a Philippines native who was tricked into signing papers which legally made her married in the Philippines. She left the Philippines over 25 years ago,to work in both Hong Kong and later Canada-presently. Not knowing she was legally married in the Philippines she never investigate the matter.So has we were getting the documents requested by the RFE,she found out she was legally married in the Philippines.-(Folks, this stuff you can not make up, it only happens in America.(lol). So now we had two new situations to work through,first her paperwork(k-1) never indicated she was married before. And second, to get an annulment or divorce in the Philippines was like asking for a cup of ice water in hell.Nevertheless, with the mountain of distressful news to overcome we had to make a decision on how to proceed. Therefore we decided to temporarily pull the plug on the application until we can figure out how to re-approach this process.So I wrote into USCIS and ask them to withdraw my application on the grounds that I could not produce the requested RFE's.

Fast forward 2015... My fiancée came to the US a few times on her visitors visa, and we were finally able to get an annulment.

Today my fiancée is a Canadian resident just a few months away from applying for her citizenship in Canada. We are not sure, if she will apply or not....

In advance, I truly value all your opinions; suggestions and feedbacks. I am opened to answer any questions too.

Obviously, there are details not indicated within my narrative above,but I think after reading you got the idea on my situation.

Edited by C&BJax13
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TBoneTX Grand Master

TBoneTX   45,309

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is weighing options. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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baron555 Veteran

baron555   934

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

What is the best re-approach towards getting my fiancée here?

Do another K-1?? Or

Just go to Canada get married,and then file CR-1 for her after?

Either will work. The CR-1 takes a little longer but allows the beneficiary to work immediately upon arrival.

Anything wrong( violating laws-type of wrong ) with doing it this way too?

Nope

Would this way raise any red flags and be more challenging?

Nope

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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