Need Help Deciding to Withdraw K1 and File CR1

[dandjsebben 15]

Hi Everyone,

 

I am in need of guidance. I filed my I-129F in August 2022, NOA1 August 12 2022. 

 

I added a letter about our circumstances of meeting to show we had met in person the past two years. He is from Canada, I live in the US. We see each other frequently. In this letter, I (stupidly, hindsight) wrote we were planning to get married June 2023. I did say "once we obtain the visa", but after reading other posts it makes me nervous they will assume we got married in June of 2023 and think we are "too married" and deny our K1. I wrote in there June 2023 because I had read that you need to have evidence that you are planning on getting married, but how are you supposed to even do that with the wait times changing? At the time of filing I was unaware the wait times were so long, so obviously we will not obtain the visa by June 2023.

 

I am worried they will deny our visa because of this stupid mistake. We have no prior marriages, no criminal records, and are otherwise all set. So, I am trying to decide if I should

1. Just abandon the K1 process instead of waiting 6-7 more months for a NOA2 only to get denied and apply for the CR1, or

2. Just wait and hope that I said "once we obtain the visa, we plan to get married in 2023 in an intimate ceremony with family" will not affect our visa. And then if it does we will have to file CR1.

So I either abandon the K1 and file CR1 now, wait and hope K1 goes through and it will, or wait for K1 to go through but it gets denied and then file for CR1.

 

Please offer any advice you have,

Dani

[Verrou 1,962]

1. if u said " once we obtain the visa" thats pretty cut and dry for me. if u abandon K1 its gonna set back ur timeline by 8 months.

2. just wait. its already 8 months now along the way.

[Timona 4,207]

I see nothing wrong. 

 

But you should consider pros and cons of K-1 vs CR-1 

[dandjsebben 15]

6 minutes ago, Misscloud said:

1. if u said " once we obtain the visa" thats pretty cut and dry for me. if u abandon K1 its gonna set back ur timeline by 8 months.

2. just wait. its already 8 months now along the way.

This is what I said specifically (should have included it in original post my bad)

"We knew we wanted to get engaged in the summer of 2022, file the K1 Visa, get married in June of 2023, and then move to Colorado to begin our lives and careers together...

... Once we obtain our visa, our plans are to get married in June of 2023 an intimate ceremony with our immediate families and grandparents present....In 2024, we will host our reception for our family and friends; we want to wait until 2024 to do our reception because it would be too difficult to plan a big reception while waiting for a visa to be approved, thus why we are getting married in an intimate ceremony in 2023"

[Boiler 45,451]

K1 and Canadian seems an odd combination but you have spent 8 months on this road.

[Sammy_2496 116]

I dont think it will be an issue. You have already spent 8 months in the K1 visa process and you are about over half way... i would stick with the K1 in this instance. If you hadnt filed yet, i would have suggested the CR1 visa as it is much better. 

[DaveAndAnastasia 2,092]

22 hours ago, Boiler said:

K1 and Canadian seems an odd combination but you have spent 8 months on this road.

Yeah. It's rarely a good idea to do a K-1 anymore (pre-Utah Zoom marriages, there used to be a lot more cases where a K-1 made sense -- like it did for us -- when the foreign fiancé(e) couldn't easily visit the US and marrying in their country was expensive, time consuming, or both), but that's especially true for people from visa-free countries (mostly Canada) or visa waiver program countries who have few legal restrictions on visiting the US.

[W199 333]

On 4/19/2023 at 1:09 PM, dandjsebben said:

Hi Everyone,

 

I am in need of guidance. I filed my I-129F in August 2022, NOA1 August 12 2022. 

 

I added a letter about our circumstances of meeting to show we had met in person the past two years. He is from Canada, I live in the US. We see each other frequently. In this letter, I (stupidly, hindsight) wrote we were planning to get married June 2023. I did say "once we obtain the visa", but after reading other posts it makes me nervous they will assume we got married in June of 2023 and think we are "too married" and deny our K1. I wrote in there June 2023 because I had read that you need to have evidence that you are planning on getting married, but how are you supposed to even do that with the wait times changing? At the time of filing I was unaware the wait times were so long, so obviously we will not obtain the visa by June 2023.

 

 

Seems like you are reading too much "stuff" on the internet. All you needed were signed intent letters from each of you saying that you are are legally free to marry and intend to do so within 90 days of arriving in the USA. If you didn't do this, they will send you an RFE anyways which is not going to clear this up. They know very well the k-1 approvals are taking much longer and wedding plans need to be delayed, so it would be insane to deny you based on wedding plans that are impossible to do due to their pathetic backlog.  If there was some confusion, I'd think they would issue a RFE or NOID and give you a chance to reply. They would normally only outright deny it if there was obvious inegligibilty such as not meeting within 2 years.  The "too married" stuff is for strict cultures where traveling and being together is taboo in their culture and makes it higly suspicious that you are really married. Stop reading so much and getting paranoid!  

[dandjsebben 15]

13 minutes ago, W199 said:

Seems like you are reading too much "stuff" on the internet. All you needed were signed intent letters from each of you saying that you are are legally free to marry and intend to do so within 90 days of arriving in the USA. If you didn't do this, they will send you an RFE anyways which is not going to clear this up. They know very well the k-1 approvals are taking much longer and wedding plans need to be delayed, so it would be insane to deny you based on wedding plans that are impossible to do due to their pathetic backlog.  If there was some confusion, I'd think they would issue a RFE or NOID and give you a chance to reply. They would normally only outright deny it if there was obvious inegligibilty such as not meeting within 2 years.  The "too married" stuff is for strict cultures where traveling and being together is taboo in their culture and makes it higly suspicious that you are really married. Stop reading so much and getting paranoid!  

Thank you for the response! I did have signed statements we would get married in 90 days. 
 

I was looking over my application, and I noticed I had also made one other mistake; I had got confused and checked N/A, beneficiary is my spouse for item 51, asking if my fiancé is related to me. Would this be enough to deny my application?

[W199 333]

11 minutes ago, dandjsebben said:

Thank you for the response! I did have signed statements we would get married in 90 days. 
 

I was looking over my application, and I noticed I had also made one other mistake; I had got confused and checked N/A, beneficiary is my spouse for item 51, asking if my fiancé is related to me. Would this be enough to deny my application?

Ouch! Checking off that she is your spouse seems more serious. You might want to check with a lawyer. If it were me, I would pronbably try to submit an errata even though there is no real guaranted mechansim to do so. But my guess is if they are in a good mood, they would issue you a NOID (notice to deny) and give you a chance to correct the error.  I bet they encounter these typo's often, so I wouldn't panic.

[dandjsebben 15]

I called the USCIS customer service info specialist with my concerns about my letter and the mistake I had made on my I-129F. 
 

She said to send in a letter to the CSC, sign it at the bottom, include my receipt number, and explain the mistakes that need to be corrected. She said I could also explain the letter of circumstance that I realized the waiting times are longer and we will not get married June 2023, and we will once we obtain the visa.