K1, I-129 F Urgent Question

[Derik-Lina 230]

Hi All,

 

My Fiancee and I have given up on the K1 Visa. I plan to fly to her and marry asap in order to start the CR1 Visa. 

Please advise me on how to cancel the I-129 F in the shortest time possible. Can I start the I-130 right after marriage? Or I must

cancel the I-129 F first?

 

I had suggested we don t marry where she is, and wait until she came to the States. She was not too happy for this Fiancee visa, but I had assured her

the process took just few months to 5 months tops, and she d be here with me by October. Apparently, this will not happen. She was right and I was wrong.

 

I appreciate your input in this urgent matter. Yes, it is urgent because she is very upset with me for making false promises. She ll get over it soon tho

 

 

Thank you,

Edited September 21, 2017 by Derick

[Roel 7,192]

Won't she be more upset to hear that once you apply for the spouse visa, she will have to wait about 12 - 14 months for the approval?

 

I don't understand why not just stick with the K1 visa, especially since it sounds like you've done most of the waiting already .. (5 months, might be another 3 to 4 months and you'll be done)

[RJandHamid 1,133]

Agree that waiting for K1 is best (shouldn't be too much longer until NOA2!). Should you choose to go the CR1 route, you should withdraw the K1 petition first. You would do this by writing a letter to USCIS with the withdrawal explanation. 

[Jeanne Adil 1,651]

i agree with u  Go and marry / not many in morocco are successful with K1

all u need to do to cancel K1 is incude a letter with the CR1 application with full details of Case number, both names and both DOB

[EandH0904 1,184]

1 hour ago, adil-rafa said:

i agree with u  Go and marry / not many in morocco are successful with K1

Not many men are but most women tend to be approved and the poster is of Moroccan origin too so they have (had) a good chance of success. 

 

@Derick I don't see why you can't wait a couple months - now your wait will start again from the beginning and will be a lot longer. That wont make her happt either will it? 

[EandH0904 1,184]

8 hours ago, Derick said:

. Can I start the I-130 right after marriage? Or I must

cancel the I-129 F first? 

You can start it but without a hard copy of letter or anything else regarding the 129F it's not likely to be approved. Others through Morocco have gotten SO or RFE for not having hard evidence of not having a k1 application anymore. You can say you called to withdraw but prob need more proof.  

 

When our k1 was returned to the US it took 6 months to get the hard copy. 

[Derik-Lina 230]

11 hours ago, EandH0904 said:

You can start it but without a hard copy of letter or anything else regarding the 129F it's not likely to be approved. Others through Morocco have gotten SO or RFE for not having hard evidence of not having a k1 application anymore. You can say you called to withdraw but prob need more proof.  

 

When our k1 was returned to the US it took 6 months to get the hard copy. 

If I understand you correctly, are you saying I can not apply for I-130 without receiving a hard copy of the i-129F withdrawal? six months possibly?

Please clarify because hat is some scary information lol thanks

[Derik-Lina 230]

14 hours ago, adil-rafa said:

i agree with u  Go and marry / not many in morocco are successful with K1

all u need to do to cancel K1 is incude a letter with the CR1 application with full details of Case number, both names and both DOB

Have you gone his route? Included a letter to cancel the I-129 F with the I-130? Someone says it is necessary to have the withdrawal confirmation on a hard copy from the USCIS and that can take six months to receive it.

Edited September 22, 2017 by Derick

[Derik-Lina 230]

Where can one have a Moroccan Marriage Certificate translated to submit with I-130? 

Are passport Photos taken in Morocco accepted by the USCIS? are they standard worldwide?

I plan to fly there next week and since I will be pressed for time, I will bring the marriage cert to have translated here. Thanks

[Derik-Lina 230]

20 hours ago, Roel said:

Won't she be more upset to hear that once you apply for the spouse visa, she will have to wait about 12 - 14 months for the approval?

 

I don't understand why not just stick with the K1 visa, especially since it sounds like you've done most of the waiting already .. (5 months, might be another 3 to 4 months and you'll be done)

A very traditional and conservative girl/family. I put my foot in my mouth and promised the K1 visa would be on hand in 4 months. She changed her mind and would rather marry and be certain of the relationship and her legal status. I couldn t argue there. Besides, I will be with her for almost 3 months next year.

[geowrian 22,337]

1 minute ago, Derick said:

Where can one have a Moroccan Marriage Certificate translated to submit with I-130? 

Are passport Photos taken in Morocco accepted by the USCIS? are they standard worldwide?

Passport photos are not standard worldwide. They must US-style passport photos, which are 2x2 and meet certain requirements. From the instructions:

 

"The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

 

The two identical color passport-style photos must be 2 by 2 inches. The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1 to 1 3/8 inches from top of hair to bottom of chin, and eye height is between 1 1/8 to 1 3/8 inches from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo"

[RJandHamid 1,133]

Geowrian's post above is correct. Moroccan passport photos are not the same (2 x 2 inch) standard as American passport photos. However my when my husband had his photos done in Morocco we simply told the photographer that we needed them to be 2 x 2 and meet the standards as listed in the post above and they complied. 

 

I think your most urgent matter right now (since you are going next week) is the police record. You need to have the police record before you can be legally married in Morocco, and it can take several weeks or months for you to receive it. I'd go inquire at your local police department today if you don't already have it. 

[EandH0904 1,184]

6 minutes ago, RJandHamid said:

 

I think your most urgent matter right now (since you are going next week) is the police record. You need to have the police record before you can be legally married in Morocco, and it can take several weeks or months for you to receive it. I'd go inquire at your local police department today if you don't already have it. 

Right. Not only local police certificate but FBI background clearance as well.  

[EandH0904 1,184]

31 minutes ago, Derick said:

If I understand you correctly, are you saying I can not apply for I-130 without receiving a hard copy of the i-129F withdrawal? six months possibly?

Please clarify because hat is some scary information lol thanks

I'm saying that if you apply for i-130 while the 129f hasn't been cancelled (we all know uscis is super busy, they certainly don't drop everything and do it the moment you call/email/write) then you could potentially have two applications being processed at the same time.  Others who have applied have gotten RFE for this issue until it was resolved, or, at the interview stage, received AP for not having the proof. 

[EandH0904 1,184]

26 minutes ago, Derick said:

Where can one have a Moroccan Marriage Certificate translated to submit with I-130? 

 

It may take a week or more to get this after you are married. How long are you planning in being in country when you go to get married? If it's not long,  sign a waiver she can pick it up without you a d she can translate it at most any certified translator then snail mail it to you.