Feel a bit regret....

[ShanghaiSurfer 135]

I recently filed for a K-1 visa. I thought I did a lot of research by looking at K-1 vs. K-3 vs. CR-1. What I didn't know about until I saw a link on VJ to "which visa is best for you?" is there is something called DCF.

http://www.visajourney.com/content/compare

We specifically picked K-1 as we read this is the fastest way to get visa. I thought that until I saw a DCF is only 3 months vs. 7 months for K-1 (maybe longer as USCIS is back logged right now). Considering I live in China for over a decade it looks like DCF was easiest and best option. Can someone confirm I indeed made a mistake?

Also if true do you suggest I withdraw my K-1, get married in China, and file DCF?

Feeling pretty stupid right now but you don't see DCF listed ort talked sbout much. Hope this can be a lesson for others if I did make a bad choice.

[Pitaya 2,577]

Welcome to the forum.

Keep in mind that DCF is not offered at all of the US Embassies/Consulates around the world. Since this is primarily a DIY site, the petitioner must be mindful of ALL of the various visa options available in a particular country, and make an appropriate choice as to which one is best for their particular situation.

Good luck on your immigration journey.

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about various family visa processes~

Edited December 28, 2016 by Pitaya

[Penguin_ie 5,993]

DCF is an excellent option, and means she gets a greencard upon entry. How long DCF takes varies widely, depending on the embassy, so search VJ for some other China DCF files to get a better idea on whether it makes sense for you, time wise.

If you can afford a new set of filing fees, and if you can get married quickly (DCF is only for the CR-1 spousal visa), I think it is worth it.

[ShanghaiSurfer 135]

Thank you so much for your opinion. I'll look into other Chinese DCF timelines. I did do the search on 129 which shows as 5 months on USCIS CSC vs. 2.5 weeks for a 130 from Guangzhou.

Do you know if I decide to take that route if my k-1 already in process will cause me trouble with the DCF CR-1 approvals? I notice on the I-130 it does ask you if you have petitioned before.

Also will the short time of being married (could be only weeks) cause concern with the interview process?

[Penguin_ie 5,993]

If you decide to go that route, you can send a letter officially withdrawing the K1 due to being married when you send the CR-1 paperwork. I would send a copy to USCIS as the K1 is in a different office, not at the embassy.

Being married a short time won;t be a problem, you can file the day you get the marriage cert. What is important is that you have evidence of a bonafide relationship, and, being married, living together and having joint bills would be important, at least by the time the interview rolls around.

[sajan953 4]

Considering you filed in December (1 month has passed), you have about 5 more months to go.

You can choose to get married right away and switch to CR1. Since China has 2 field offices, your CR1 will be a lot faster than the average. 

Going the CR1 route, the foreign spouse will be able to work/get their SSN after entry into the US, as with the K1 they cannot for a few months. The fees for CR1 are less expensive. But you need a good deal of money in your bank account or need to get someone in the US to sponsor you guys. Since you will be quitting your job in China upon visa approval. 

The length of the marriage does not matter, and once you get married your K1 is terminated. The I130 does ask if you have filed an I130 before, but it shouldnt be a problem that you changed your mind about the K1. Especially since you are filing for the same person. 

[ShanghaiSurfer 135]

Thank you. Your comments are very helpful. So if I undertsand you correctly, I would estimate I would get my CR-1 approval maybe one month earlier than K-1 (unfortunately Chinese New Year is this upcoming week so government offices shut down). But the real advantage is my fiancé would get her SS and Green Card straight away. And of course lowers costs. Is this correct?

 

On income I'm okay as my pay is out of US anyway and would continue back in America. 

[sajan953 4]

8 hours ago, ShanghaiSurfer said:

Thank you. Your comments are very helpful. So if I undertsand you correctly, I would estimate I would get my CR-1 approval maybe one month earlier than K-1 (unfortunately Chinese New Year is this upcoming week so government offices shut down). But the real advantage is my fiancé would get her SS and Green Card straight away. And of course lowers costs. Is this correct?

 

On income I'm okay as my pay is out of US anyway and would continue back in America. 

Correct. You would probably get CR1 approved about the same time you would get K1 (since a month or two have already passed since you filed), but your spouse would get SSN and be able to work right away, and it is cheaper (and less paperwork after POE).