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Mephisto8208

CR-1 visa application while K1 visa is pending

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Our situation is a bit complicated so I'll try to explain as best I can. My girlfriend lives in Argentina and had started the K1 process with her ex a little over a year ago. She got pregnant and he didn't want anything to do with the child and basically just disappeared from her life. That's when we met and now I'm trying to bring her and her son to the US to be with me. We've already met in person and have plenty of photos to document that. My plan is to return to Argentina soon so we can get married and then apply for a CR-1 visa. We're just uncertain if the original K1 visa petition still being pending would cause an issue for our CR-1 application. I see there's an online public inquiry form that you can use to withdraw the case but she doesn't know her case number and isn't in contact with her ex anymore who was the principal applicant. Any advice or insight would be greatly appreciated. Thanks

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Filed: Citizen (apr) Country: Russia
Timeline

Shouldn’t be a big issue for you and her as it doesn’t appear the previous I129F proceeded anywhere (presumably her ex canceled it).  If anything comes up during your spousal visa process, it seems like it can easily be explained.  Many people can have multiple petitions in the system and it doesn’t cause issues.

 

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!!!!!!!

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Filed: K-1 Visa Country: Wales
Timeline

You will have time to develop the relationship and obviously all I know is what you have written but it does not read very well, how did you get involved with her, sounds like the plot from An Officer and a Gentleman.

“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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