Jump to content
PatrickMcC

Can a CR-1 file for a K1 Visa?

By PatrickMcC in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

28 posts in this topic

Recommended Posts

PatrickMcC Rookie

PatrickMcC   1

Posted
Timeline
Posted

Hi all,
 so my daughter got married back in May 2022 here in the US. Her fiance went back to his home country and then came back in December and filed online their I-130. My daughter is now seeing timelines increasing for their process and is wondering can she now file a K1 to get her husband her sooner. I have told her that K1 is only for fiance but she has found a snippet on the US immigration site that I have pasted below. I have also read elsewhere that USCIS no longer process K3s due to the supposed faster processing of the I-130?
Can she file the K1 with a 1-130 already in the system?
Thanks for any advice.
image.thumb.png.2d44e5c8fef1861cfb5e918dad6ce338.png

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,761

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

This would not be classified as filing for a K-1.  However, she is free to file an I-129f (under the K-3 provision) as it might help push the I-130 toward approval.  There is no guarantee.  There is no harm in trying this.    However, as you have stated, K-3 visas are almost extinct.  

Edited by Crazy Cat

"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.. 
 

Link to comment
Share on other sites
Dashinka Grand Master

Dashinka   24,466

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

A lot of folks have attested to filing the I129F (K3) speeding up the process.  As to anything USCIS, YMMV, but there is no downside.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,428

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

The highlighted section says K3 not K1.

“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.”

Link to comment
Share on other sites
PatrickMcC Rookie

PatrickMcC   1

Posted
Timeline
  • Author
Posted
2 minutes ago, manyfudge said:

1) yea, file k3

2) did your daughter fill out i130 with the consular option picked and adjustment of status blank?

3) she could have filed in May 2022? Any reason she did not?

4) what country?

Reason for not filing in May 2022 was financial as far as I know. I told them to do it as soon as possible but they ignored my advice :( . Since they got married, they also have had a baby and so my daughter is currently living with us while she awaits her husband's immigration process. She is getting anxious as, initially her timeline showed that things would be processed by early 2024, but now she is seeing timelines a lot longer than that. Also, they have not filed their I-864 which we will be co-sponsoring it.  With the I-864, will I be able to keep my income details private from my daughter or will that be all viewable when I co-sponsor?

Link to comment
Share on other sites
manyfudge Collaborator

manyfudge   285

Posted
Timeline
Posted (edited)
6 minutes ago, PatrickMcC said:


 

6 minutes ago, PatrickMcC said:

ith the I-864, will I be able to keep my income details private from my daughter or will that be all viewable when I co-sponsor?

1) you can try to keep it private - but obviously go through it carefully to make sure it is filled out 100 % correct.

 

use this strategy - https://reddit.com/r/immigration/s/OUq15jMJId

 

2) what country?

Edited by manyfudge
None
Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,428

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Look at it from the Beneficiaries perspective, they need to know that the Sponsor can meet their obligations should the situation arise.

“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.”

Link to comment
Share on other sites
manyfudge Collaborator

manyfudge   285

Posted
Timeline
Posted
19 minutes ago, PatrickMcC said:

Having all my income out there does not make me happy but our daughter does not earn enough to do it alone, now tha

See above.  Send through attorney if she has one or send it in via mail yourself.  Don’t give it to her to upload.

 

Give your son in law copy in sealed envelope marked for government official’s eyes only.

Link to comment
Share on other sites
PatrickMcC Rookie

PatrickMcC   1

Posted
Timeline
  • Author
Posted
29 minutes ago, manyfudge said:

1) you can try to keep it private - but obviously go through it carefully to make sure it is filled out 100 % correct.

 

use this strategy - https://reddit.com/r/immigration/s/OUq15jMJId

 

2) what country?

Actually this would work, I can easily put all the required documents into a sealed envelope and give that to my daughter which she can send with the filing. 

Link to comment
Share on other sites
manyfudge Collaborator

manyfudge   285

Posted
Timeline
Posted
17 minutes ago, PatrickMcC said:

thought it was my daughter that would be mailing the I-864? 

Yes, but very often, the interviewing officer will ask to see copies of any submitted document.  Even though they have it.
 

You can of course, choose not to give him, he goes for the interview and is not asked.

 

Or he goes, he is asked - he does not have and then you FedEx docs to him or embassy.  Whatever  makes you feel better.

 

 

Link to comment
Share on other sites
PatrickMcC Rookie

PatrickMcC   1

Posted
Timeline
  • Author
Posted
Just now, manyfudge said:

Yes, but very often, the interviewing officer will ask to see copies of any submitted document.  Even though they have it.
 

You can of course, choose not to give him, he goes for the interview and is not asked.

 

Or he goes, he is asked - he does not have and then you FedEx docs to him or embassy.  Whatever  makes you feel better.

 

 

Cool, thanks for the clarification.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...