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Vulpis

Did I make a mistake? (I129F filed, having buyers remorse vs I130)

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Filed: K-1 Visa Country: Germany
Timeline

Context: I-129F filed recently, NOA1 2023-01-27. Fiancee and I (the USC) have been engaged since November, only started dating in October 2022 after meeting in person for the first time while she was visiting the states (but knew each other as friends online for years beforehand). Held off on filing I129F until Jan this year so we could accumulate evidence of us spending time together in the US and her home country (total 3 months). 

 

We thought about just getting married right away in my home state but opted not to because we felt that the timeline of us going from meeting in-person to marriage would have been a red flag and potentially made our lives harder with having to prove everything. However, now I'm looking at timelines and seeing that CR1 is faster and cheaper of a route and I feel like I made an error with going towards the wrong pathway. Am I correct in this assumption, or would the higher bar of proving legitimate marriage be higher than proving legitimate relationship and intent to marry have been too much of a hurdle? 

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Filed: Citizen (apr) Country: Taiwan
Timeline

Only you can decide if it was a mistake.  However, allow me to inject this:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    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.
   


 

 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Myanmar
Timeline
17 minutes ago, Vulpis said:

I correct in this assumption, or would the higher bar of proving legitimate marriage be higher than proving legitimate relationship and intent to marry have been too much of a hurdle? 

1. How long have you known each other?

 

2. How many days have you spent in each other’s presence to date?

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Filed: K-1 Visa Country: Germany
Timeline
Just now, Mike E said:

1. How long have you known each other?

2. How many days have you spent in each other’s presence to date?

1. Since December 2021. Started talking more since March 2022. Met online through playing video games. 

2. 111 days over the past 4 months. Longest interval is 91 days. 

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Filed: Citizen (apr) Country: Myanmar
Timeline
6 minutes ago, Vulpis said:

1. Since December 2021. Started talking more since March 2022. Met online through playing video games. 

2. 111 days over the past 4 months. Longest interval is 91 days. 

That is plenty  of time together. I think you should  get married. And keep meeting after filing I-130.  

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Filed: K-1 Visa Country: Wales
Timeline

Another vote for CR1, not as if you will not have plenty of time before the interview anyway and you are going through Germany.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Also take into account what your partner's life in Germany looks like at the moment. Are they working and used to being independent? If yes, they might go crazy if they can't work or travel freely for many months if you do the K1. I would say CR1 100%

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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Filed: K-1 Visa Country: Sweden
Timeline

There are many of us who decided to go the K-1 route and really regretted it. And that was back when the K-1 was actually many months faster, which was pretty much the only reason to choose it over the CR-1. Today the K-1 is even slower than the CR-1 in many cases, so not even that is an argument to choose the K-1 anymore. 

If you decide to go for the CR-1 you will obviously not get the money back that you already spent, but you know that. Even so, it's still worth starting over with a CR-1 imo.

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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Filed: Citizen (apr) Country: Russia
Timeline
12 hours ago, Cathi said:

CR1 is by far the superior (not to mention far less expensive) choice. 

Though at this point for the OP switching would also mean the application fees for the I-129F and the time since they flied (granted, only a month so far, but they can't file an I-130 until they meet in person again) are a sunk cost.

 

Not a major issue (the biggest reason why a K-1 is more expensive isn't the actual fees -- even at the forthcoming much higher ones if you apply for EAD and AP -- and unless AOS processing gets a lot faster than you certainly should apply for both; it's that the beneficiary can't work until EAD or green card), but worth mentioning.

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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