Question on K-1 to CR1 Transition

[DeepakChani 738]

Hello VJ Community! So currently, I have a k-1 pending (waiting for NOA2). We have a religious ceremony set for August. My Finace is from Canada and is able to come to America with his passport. Knowing how crazy long the wait times for K-1 approval have become, I have been thinking the following

1) If the K-1 is not approved by the time the religious ceremony is held, my canadian fiancee will come to the states to attend the religious ceremony (it will not be registered with the county/state) 

2) After the religious ceremony, he would return back to Canada to finish the steps for the K-1.

3) If he is denied for the k-1 based on the religious ceremony (most likely), can I go to Canada and do the legal court marriage there and file for cr1 based off that?

 

Would this cause any issues for cr1 approval? 

[Michelle13 39]

Once USCIS approves your petition and it is sent to the NVC/US Embassy, you are asked to not travel to the US.  (Unless that's changed in the last few years... I went through my K1 in 2014/15) 

 

I would highly recommend not scheduling any ceremony... especially putting deposits down due to the uncertainty of when the visa will be approved.  Unfortunately friends of mine have had to reschedule and cancel their plans due to assuming visa timelines.

 

I would suggest all visits having the USC traveling to Canada until the K1 is approved. 

 

 

Edited January 11, 2018 by Michelle13

[belinda63 3,038]

Your plan is fine but you will be starting all over. A CR-1 takes about 14 months. There is no transitioning from a K-1 To a CR-1, you start at the beginning.

[EandH0904 1,184]

2 hours ago, deepakchani said:

Hello VJ Community! So currently, I have a k-1 pending (waiting for NOA2). We have a religious ceremony set for August. My Finace is from Canada and is able to come to America with his passport. Knowing how crazy long the wait times for K-1 approval have become, I have been thinking the following

1) If the K-1 is not approved by the time the religious ceremony is held, my canadian fiancee will come to the states to attend the religious ceremony (it will not be registered with the county/state) 

2) After the religious ceremony, he would return back to Canada to finish the steps for the K-1.

3) If he is denied for the k-1 based on the religious ceremony (most likely), can I go to Canada and do the legal court marriage there and file for cr1 based off that?

 

Would this cause any issues for cr1 approval? 

You would need to have some sort of resolution of the K1 which could take a long time - your fiance could get put on AP - why bother with the religious ceremony in August? Why not just wait? 

 

Sure you could go to Canada and do CR1 - it's more fees and takes another 12-14+ months for approval. Would you really want to wait another year to be together instead of just postponing the ceremony?

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[DeepakChani 738]

Thanks everyone for their input. Just hate how long K1 is taking nowadays. anyone else have any input into this?