Can i divorce and cancel cr1 petition and then file k1 visa for same person? Cr1 is taking two years , k1 can be approved in months.

[Family 3,988]

Seems like what you want to try is a K-3…so give it a shot.

File an I-129 F now and see if it helps move your I-130 along. ..it’s obsolete and rare as leprechauns…but hope is a magic force.
 

Divorcing or marrying specifically for “ an immigration benefit “ is a No No…and you’d be shooting yourself in the foot in the midst of a marathon. 

 

 

Overview - What Is a K-3 Visa?

 

The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition.  K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS),

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html

[A69 8]

Anyways, if you are planning to marry in PH, DoN’t. Do a utah wesding or just k1.

 

 

PH is trying hard to keep its people ignorant and poor.

 

-closed during covid

-embassy document to get married

-waste of time marriage counseling making it hard for those doing the right thing, but nothing is being dine to educate those girls having kids and becoming single mom

 

-then the wedding license 

 

-then had to “meet the requirement” for the the judge, additional process, you already met the requirement when u got your license

 

-then 2 days finding a judge available

 

-asking around people at the registrars office and all courthouses and city hall didnt know where we had to go after getting the license

 

 

-then they treat u like thet are doing u a favor by giving u a date

 

-the wedding date is weeks after, so u had to sit snd wait or go traveling

 

-then during the marriage ceremony, the judge married 3 couples at the same time

 

- judge said he wanted to do it quick, so the small room was packed with 3 couples and all families and friends

 

 

-then judge didnt even want to take pics with each couple

 

 

-then it takes forever to get your cwerified registered copy of the marrigae certificate

 

-even with the expedite it took like 6 weeks

 

-the certificate had wrong age, place of birth and spelling of ok be name

 

-big process to change your name to marriage name

 

This is bot all coincidence, we had to spend time and money to change my wife’s birth certificate too because it had wrong sex and other jnfo. Her sisters, and friends also had problem on their birth certificate 

 

You can tell why PH stays so. Behind and poor, the government is causing the ignorance

 

to top it all off, the “marriage counselor” wanted me to answer personal questions in front of the group, i had to confront her and tell her that participating in the counseling session is required by law, but people are not actually required to answer questions or have their personal lives exposed in front of a group, it is not mandatory for participants to actually talk to her

 

 

all of us hungry, no close place to eat durjng the marriage counseling, and they gave us a piece of bread and water

 

 

you have to sign a book, the forms, other documents . This government is keeping their people way behind other asian countries…

 

 

The whole marriage process caused so much stress that we had so many arguments and almost called off the wedding… Philippines is a complete disaster, it takes forever to do any simple task

 

 

forgot to mention, after getting the visa then u need the cfo to leave the country, #######

 

 

 

 

 

 

 

 

 

 

 

 

 

[A69 8]

So stressful trying to get married there with all those processes to be followed , the government is teaching people that they can take forever and waste time. Why does it take 6 months to get a marriage certificate, and why do all government documents have clerical errors, birth certificates, marriage license. All wrong. I see how laid back people are and they think  they can take forever doing things, it causes so much problems , some people might decide not to married and dump their filipina just to avoid the process 

[apnzz 242]

This is borderline fraud?? 

You want to divorce your current spouse and apply for a fiance visa so you can marry them again? 

 

That's gonna be so many red flags to USCIS in general. They're gonna see that the beneficiary in the k1 was already married to you and they will know you had a previous cr1 petition. They will know what you're doing lol.

 

Plus it won't be fast.. just because *some* k1s are being approved fast doesn't mean every k1 is fast. USCIS approval can take up to 11 months alone, add extra months for the other stages. Not to mention you're seriously risking a high chance of refusal. You'd have to wait to conclude divorce proceedings.

 

There's too many unknowns and risks here, you really think its worth throwing away an already existing petition over that? Divorcing the person you love and risking being denied for a k1. If people on here read this post and get the thought that it sounds fraudulent and trying to cheat the system lol, imagine what USCIS will think; or even more, what the consular officer will think in the potential interview.

 

Not to mention the cost. 

 

No immigration journey is fast, just because one visa type has sped up a little for some people doesn't mean it is for everyone - I know personally so many people who are still waiting from 2023. And the statistics; there's over 2.3k people waiting from January to April 2024.

 

Not to mention the biggest risk; say you do cancel the cr1, divorce, go through with k1, the likeliness of k1 denial is extremely high, and if that happens your chances are extremely diminished after that - they don't take visa fraud lightly and you could even risk your chances of moving to the US in general. Every visa application and especially denials are considered and can impact future applications..

 

 

Edited August 24 by apnzz

[top_secret 2,421]

The real bottom line is that no one can predict what will happen before your case concludes.  As recently as the beginning of 2023, CR/IR1's were flying high at US Embassy Manila with minimal wait times for interviews.  While at the same time K1's were stuck languishing in USCIS hell for extended periods before ever even getting sent to the US Embassy Manila.  What a huge reversal of fortune this last year and a half made.  NO ONE can predict what the next year and a half will bring except that for better or worse it is unlikely to remain status quo.  US Embassy Manila has been an epic clown show recently, practically a parody of incompetent government work, but they are slowly whittling away at the huge CR/IR1 backlog that did not exist before and that they only created in the last year.  It seems plausible that things are hopefully heading back to normal-ish(???).  CR1 is the better choice for any number of reasons and since you cannot predict the future you cannot not necessarily say it will eventually be "slower".

 

1 hour ago, A69 said:

So stressful trying to get married there with all those processes to be followed , the government is teaching people that they can take forever and waste time. Why does it take 6 months to get a marriage certificate, and why do all government documents have clerical errors, birth certificates, marriage license. All wrong. I see how laid back people are and they think  they can take forever doing things, it causes so much problems , some people might decide not to married and dump their filipina just to avoid the process 

 

There is a reason that the Philippines remains poor despite all that it's population has going for it.  It is hard to do business there and a lot of stuff simply doesn't work right. It is hard to get important stuff done.  If you struggle against it you will just drive yourself crazy.  The Philippines is really awesome but you have to learn accept what you cannot change.

[Crazy Cat 41,848]

20 hours ago, A69 said:

K1 visas are being spproved in months vs two years for cr1 visa in manila.

 

can i jist get divorced and file for k- for same person?

 

I would rather do aos in the usa for wife once we remarry.

 

has anyone dine this? Please direct me to their profile or link

 

thank u

Can you do it?  Yes.  I don't see any fraud.  I doubt USCIS or the CO would really have any real concerns.  Should you do it?  That is very subjective.  As long as you can show proper termination of a marriage, you are legally eligible for a K-1.  However, the time, effort, and disadvantages of a K-1 would negate any "benefits" in most cases.  I would just stay the course with a spousal visa.  

Edited August 25 by Crazy Cat

[Dashinka 24,494]

I agree with @Family, file the I129 as a K3 to see what happens.  Maybe it jump starts you case, maybe not.  Maybe you are on of the handful of K3’s issued each year.  
 

Comparing your case with others is tough, and we cannot really comment about what could be holding up your specific case, but trying to jump through immigration hoops to shave a month or two off timing might be more risky than it is worth.  Use this time to continue to build your marriage, helping your foreign spouse pre-adjust to life in the U.S. and your specific locale where you will be living.  You can search out job opportunities that may be available when they enter the U.S., etc.

 

I do not suggest divorcing and starting from day one with an I129F.

 

Good Luck!

[fox3c 11]

8 hours ago, SansTortoise said:

K-1s and CR-1s take roughly the same amount of time these days.

That is absolutely not true.  There are multiple people at the Seoul Embassy who applied for K1 in Spring 2024 (e.g. Feb 2024) who already have gotten NOA2 and have their interviews scheduled for August/September 2024.  Literally, they will get their visas in under 6 months.  Meanwhile there are those of us who filed for CR1 back in April/May of 2023 that are just now getting our Seoul Embassy interviews assigned in October 2024, after people who applied for K1 a full year later than us.

 

I believe the situation is similar at the embassy in the Philippines and several other embassies such as Mexico and the UK.  No idea why it is happening, but started around beginning of year. The other aspect is  that K1 visas get to schedule their own interview appointments after DQ.  That means they don't have to wait in line like CR1 visas for the NVC to get around to scheduling the interview.

 

Otherwise, I agree with what everyone else said.  The tactic does seem like fraud, and I would think USCIS would not allow it.  Be curious to see if it worked.

Edited August 25 by fox3c

[TBoneTX 45,288]

1.  The CR-1 visa is superior to the K-1 visa.

2.  File the I-129F to see if it jolts your petition ahead.

3.  Even if (2.) doesn't work, stay with what you have to keep your place in line.

[top_secret 2,421]

11 hours ago, fox3c said:

That is absolutely not true.  There are multiple people at the Seoul Embassy who applied for K1 in Spring 2024 (e.g. Feb 2024) who already have gotten NOA2 and have their interviews scheduled for August/September 2024.  Literally, they will get their visas in under 6 months.  Meanwhile there are those of us who filed for CR1 back in April/May of 2023 that are just now getting our Seoul Embassy interviews assigned in October 2024, after people who applied for K1 a full year later than us.

 

US Embassy Seoul is a marvel of efficiency.  US Embassy Manila is an epic clown show.   Understand the difference based on where your beneficiary must interview.