K1 to CR1?

[LB L 0]

Hello,  This is my first time writing in the forum.

 

I would like to ask for a little advice, My fiance and I are applying for a K1 visa, we are in the NVC part of the process, we received our NOA2 last march but we haven't received any kind of information yet. 

We are tired of the wait and we want to cancel our K1 and get marry outside US and start a new process with a CR1 visa. The question is at this point is it worth it to cancel a K1 visa and start a new process? or is it better just wait?

 

Thank you so much for your help.

[HRQX 4,145]

7 minutes ago, LB L said:

The question is at this point is it worth it to cancel a K1 visa and start a new process? or is it better just wait?

Ultimately, it's a personal decision. Either way you have to go through Montreal which is notoriously slow. Here is a K-1 and CR-1 comparison by @Lucky Cat

On 6/9/2021 at 6:41 AM, Lucky Cat said:

K-1       
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-8 months)    
    Spouse can not work until she/he receives EAD (approx 5-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1  

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

[Chancy 6,243]

16 hours ago, LB L said:

We are tired of the wait and we want to cancel our K1 and get marry outside US and start a new process with a CR1 visa. The question is at this point is it worth it to cancel a K1 visa and start a new process? or is it better just wait?

 

If the wait time for an interview is the main reason you are thinking of giving up on the K1 process, then switching to CR1 would not be a good idea in your case.  Switching now would just put you at the back of another long line.  As @HRQX said, the consulate in Montreal is notorious for being slow, even pre-COVID.  Excluding the wait time for the petition and NVC stages, the current wait time to get a CR1/IR1 interview at Montreal is around 11 months.

 

[SBVeryBlessed3k 17]

We switched K1 to CR1 despite likely wait time as it seemed pointless to visit and be in same case as K1(17 months between visits). We are in love and compatible with same vision, and our original wedding date in US was changed twice. 

 

Though entry to US may take a few months longer, we essentially skipped the K1 AOS and Green card wait by switching to CR1, which would have added 6 months to 1 year to K1 process. I waited 16 months and was stuck at the NVC for 7 months, so the likely 2022 K1 visa appointment helped clinch my decision to switch.

 

Note: Its good policy to visit and spend  time together and a few visits before deciding on marriage. If I could have visited more, I would have. It is beneficial, of course when reviewed by immigration as similarity to rushed sham marriages are red flags.