Can I change a K1 application to CR1 DCF application?

[wryly 47]

I'm an American citizen residing with my Chinese fiancee in China and we are in the process of applying for a K1 visa. My credit card was charged for the application at the end of November, but I haven't received NOA1 yet. I was not aware that we may be able to expedite the process by marrying and following the DCF process. Is it possible for me to cancel the K1 application, marry my fiancee in China, get the requisite documentation proving marriage, and proceed with the CR1 DCF process? I'm willing to forfeit the $535 already paid for the K1 application. Should I expect any other downsides or pitfalls? If we have no strong opinions regarding where we marry, is there any reason not to do this?

 

I haven't found an estimated timeframe for this process. https://www.visajourney.com/cr1-ir1-spousal-visa/ indicates a CR1 filing is taking over 380 days, which is why I originally chose to apply for a K1. Can someone give me a rough idea of how long the DCF CR1 visa might take? 

 

Thank you, and sorry if I've missed this information in another thread.

Edited December 10, 2018 by wryly

[Just Paul 4,595]

Three months is about the fastest.  Ours took 102 days in Mexico. @Jorge V was 3 months.

 

Here is a sample in  Guangzhou:

 

Edited December 10, 2018 by Paul & Mary

[Boiler 45,399]

DCF in London is 3 to 4 months, do not know the China number.

[Unlockable 7,314]

Hi @wryly,

 

I posted this reply in your other thread of the same topic but have since removed it for this one. In the future, do not post more than one thread on the forum of the same topic.

 

If you have been residing in China for 6 months or more than DCF is definitely and option. Your case will not be denied simply because you changed categories. Just as long as it is done properly. You will need to officially withdraw the K1, then get married, and once you have all of the marital proof such as marriage documents and proof of residency in China, file for DCF.

 

Here is the link to DCF filings.

 

https://www.visajourney.com/content/dcf

 

 

Best of luck.

[wryly 47]

Okay, got it. I'll write a letter to withdraw the K1 application, get married here, and then file for DCF.  Seems easy enough and hopefully we'll get to America in April instead of September. Thanks!

[Jorge V 195]

11 hours ago, Paul & Mary said:

Three months is about the fastest.  Ours took 102 days in Mexico. @Jorge V was 3 months.

 

Here is a sample in  Guangzhou:

 

Thanks for the mention! Mine actually took 1.5 months (49 days) from submission to approval in 2017. Fastest I've seen on here using the timeline search was about 20 days, but there seems to be a lot of invalid data in there. There are definitely several legit ones in the 20 and 30 day range, but all of them happened more than 10 years ago. You can use this semi-configured timeline search to try to find recent cases in China.

 

The main reason ours was completed so quickly is because we kept checking the appointment calendar for cancellations and managed to move up our appointment several times. We would have actually been able to get it down to about 40 days but we figured it wasn't worth. We also got lucky and had minimal delays between steps. 

[JJ89 13]

12 hours ago, wryly said:

I'm an American citizen residing with my Chinese fiancee in China and we are in the process of applying for a K1 visa. My credit card was charged for the application at the end of November, but I haven't received NOA1 yet. I was not aware that we may be able to expedite the process by marrying and following the DCF process. Is it possible for me to cancel the K1 application, marry my fiancee in China, get the requisite documentation proving marriage, and proceed with the CR1 DCF process? I'm willing to forfeit the $535 already paid for the K1 application. Should I expect any other downsides or pitfalls? If we have no strong opinions regarding where we marry, is there any reason not to do this?

 

I haven't found an estimated timeframe for this process. https://www.visajourney.com/cr1-ir1-spousal-visa/ indicates a CR1 filing is taking over 380 days, which is why I originally chose to apply for a K1. Can someone give me a rough idea of how long the DCF CR1 visa might take? 

 

Thank you, and sorry if I've missed this information in another thread.

My wife and I ( we live in Mexico) originally had a k1 visa application in process.  She is a third country national living in Mexico. We were actually at the embassy stage, but decided to cancel and apply for DCF.  Long story why that took place. But in the end, it was the best decision.

 

Our process here in Mexico took around 2-3 months. When I submitted the 1-130, my wife's k1 case was still at the consulate in her home country. I asked USCIS if this would be an issue, and they said no I can go ahead and submit the 1-130 to them and it would be processed even though the K1 had still not been cancelled. Make sure, if you take this route, to cancel the k1 visa. In the end we did not have any issues, but keep in mind I sent a letter asking for it to be cancelled the day before I went to USCIS in Mexico City. By the time she had her interview at the consulate, we already had a letter confirming that her k1 case had been completely withdrawn. I would check with USCIS in Guanzhou if this will be an issue first. 

 

If you do take this route, submit ALL OF YOUR EVIDENCE OF MARRIAGE to USCIS in Guanzhou. My wife and I did not submit a whole lot to USCIS in Mexico City. When we got to the consulate stage, she took a whole binder filled with information. They did not take any of it. I'm guess it's best to submit everything in the very first stage. Better to be safe than sorry. 

 

DCF gives your wife permanent residency once she is admitted into the country. With a k1 visa, it can be a long process applying for that residency. Hence she would not be allowed to work for some time. 

 

Cancelling the k1 and going for the cr-1 WITH DCF was the best decision we could make. Give it some thought. 

Edited December 10, 2018 by JJ89

[Kateybot 3]

I went through this exact process in London. In fact, I had married prior to withdrawing the I-129F application. Once I was married, I wrote a letter to withdraw the fiance visa application, which had already been approved, and subsequently filed the I-130 via DCF. 

 

There were no issues to note - good luck!! 

[Darnell 8,478]

No need to withdraw the I-129F prior to getting married... 

You can get married tomorrow, file the I-130 via DCF into Guangzhou the next day, THEN withdraw the I-129F with USCIS, using the address listed in the NOA-1 formletter that you'll receive ... 

 

Don't wait on the withdrawal 'process' at all, as there really isn't one.  You write a letter, it's filed in the case, the case is closed.  Months may pass,  The IV Unit in Guangzhou will know what to do once the I-130 is approved, you'll be good to go ! 

As to time and timing, figure 3 to 4 months.  It may be faster, depending on caseload at Guangzhou IV. 

 

Good Luck and God Speed ! 

On 12/10/2018 at 6:44 AM, wryly said:

Okay, got it. I'll write a letter to withdraw the K1 application, get married here, and then file for DCF.  Seems easy enough and hopefully we'll get to America in April instead of September. Thanks!