Updating a K-1 fiancee visa application to a CR-1 application?

[hoby]

Hi, everyone. I've posted on here before about applying for a CR-1 through DCF in Shanghai for my wife (recently married) and canceling our previous application for a K-1 fiancee visa. We applied for the K-1 fiancee visa in March of this year, and it's currently in Guangzhou (supposedly), although they don't have it in their system yet, as they apparently only update their information once a month.

 

I called Guangzhou on Friday to try to cancel our application (I had called once before), and the woman told me that I should call back in the middle of November to check whether it would be possible to update our K-1 application to a marriage visa application, or whether we would need to cancel the application and reapply for a CR-1.

 

This surprised me, because I had never heard anywhere before that it might be possible to update our current application rather than submitting a new one. I asked the woman on the phone whether this was possible, and all she was able to tell me was that I would need to ask that question when I called the next time, after they had our application in their system.

 

Has anyone ever heard of this before? Has anyone ever done this before? What is involved? Is it possible, or was the woman who spoke to me misinformed?

 

This is a crucial decision for us because our time for the CR-1 visa is very tight. We need to get over in time for my wife to start grad school in August or September, and we would like to get over early enough for me to have time to find a job in the area where she will be attending school, preferably in the spring so that I can look for teaching jobs in private high schools in the area before all the available positions are snatched up. If it would be possible to simply update our current application, it could save us a considerable amount of time. However, if it's not possible, or even if it's very unlikely, we will submit our application for the CR-1 this week so as to get the ball rolling on that as quickly as we can.

 

Thanks to everyone on this forum for all your help so far, and I appreciate any advice you can give on this issue.

[Randy W]

Perhaps this is a question for USCONGUZ. I don't think we know of anyone who has done this, and I think the advice here has been that you would have to start over with the I-130.

 

The CR-1/K-3 visas require that you first submit an I-130 to the USCIS, then a I-129F after receiving the receipt for the I-130.

[dnoblett]

I saw the answer on the Guangzhou consulate website.

 

We decided to get married before my K-1 petition could be processed. What should I do?

 

If you get married, your K-1 petition will no longer be valid. Your spouse will need to file a different petition, Form I-130, with the CIS.

http://guangzhou.usconsulate.gov/kvfaq.html

 

You will be starting from scratch on the DCF since it requires different paperwork I-130 verses the I-129F

[dnoblett]

Perhaps this is a question for USCONGUZ. I don't think we know of anyone who has done this, and I think the advice here has been that you would have to start over with the I-130.

 

The CR-1/K-3 visas require that you first submit an I-130 to the USCIS, then a I-129F after receiving the receipt for the I-130.

If dong DCF then no I-129F required since DCF is CR-1 not K-3.

[hoby]

I saw the answer on the Guangzhou consulate website.

 

We decided to get married before my K-1 petition could be processed. What should I do?

 

If you get married, your K-1 petition will no longer be valid. Your spouse will need to file a different petition, Form I-130, with the CIS.

http://guangzhou.usconsulate.gov/kvfaq.html

 

You will be starting from scratch on the DCF since it requires different paperwork I-130 verses the I-129F

Thanks a lot! I appreciate the help you dnoblett and Randy W, although it would have been nice if the updating option would have worked

 

Guess I'll keep working on our application for her CR-1. I'm almost done!

[LeeFisher3]

Now the call center may have something, while you can't convert from K-1 to CR-1 there is another possibility that could be to your advantage.

 

Let me explain, when people file CR-1 and K-3 the K petition usually arrives in China months before the CR-1 and if it gets into the system before the K-3 interview then GZ will normally

put the CR-1 in the K-3 interview slot so in effect the K-3 is just standing in line for the CR-1.

 

Now if the K-1 continues and you get P-3 returned it will be in line for an interview so if the CR-1 for DCF gets into the system before the K-1 interview is held it could possibly take the K-1's place in line for interview.

 

While I haven't heard of this happening before, mainly because the situation is uncommon, it sure does seem reasonable. You might want to hold off on canceling the K-1 and let things unfold a bit more for your DCF case.

[dnoblett]

One other thing you may want to keep in mind, You indicated moving back to the states and looking for a job.

 

For the interview you will need to provide an affidavit of support I-864.

 

You need to show ability to support at 125% of poverty line. So if you will be unemployed how will you show that? assets can be used, but you will need a lot of liquid assets enough to be the amount of (125% poverty line x 3)

 

Do you have a co-sponsor in the states?

 

http://www.uscis.gov/graphics/formsfee/forms/i-864.htm

 

http://www.uscis.gov/graphics/formsfee/forms/i-864P.htm

 

Finally on the I-864 you will need to provide past year's IRS Return, even if living abroad you need to file returns, so you will need a copy of last year's return or if your interview happens next year, then perhaps this year's return. If you failed to file a return last year you may want to file a late return.

 

You can also use tax transcripts they are free from the IRS.

 

http://www.irs.gov/taxtopics/tc850.html

 

http://www.irs.gov/faqs/faq1-6.html (Tax transcripts)

[david_dawei]

Now the call center may have something, while you can't convert from K-1 to CR-1 there is another possibility that could be to your advantage.

 

Let me explain, when people file CR-1 and K-3 the K petition usually arrives in China months before the CR-1 and if it gets into the system before the K-3 interview then GZ will normally

put the CR-1 in the K-3 interview slot so in effect the K-3 is just standing in line for the CR-1.

 

Now if the K-1 continues and you get P-3 returned it will be in line for an interview so if the CR-1 for DCF gets into the system before the K-1 interview is held it could possibly take the K-1's place in line for interview.

 

While I haven't heard of this happening before, mainly because the situation is uncommon, it sure does seem reasonable. You might want to hold off on canceling the K-1 and let things unfold a bit more for your DCF case.

This is certainly an interesting thought.. but I have some reservations about it's feasibility.. the K3 [spousal] option (Life Act) was enacted for spousal cases (CR1); I don't think you can have two different visa petitions/applications otherwise running.

 

For DCF questions, you can contact DHS at GUZ here:

DHSGuangzhouGeneral@dhs.gov

 

IMO, I would clearly get an understanding of what to do with the K1 case sooner than later..

[Randy W]

This is certainly an interesting thought.. but I have some reservations about it's feasibility.. the K3 [spousal] option (Life Act) was enacted for spousal cases (CR1); I don't think you can have two different visa petitions/applications otherwise running.

 

For DCF questions, you can contact DHS at GUZ here:

DHSGuangzhouGeneral@dhs.gov

 

IMO, I would clearly get an understanding of what to do with the K1 case sooner than later..

 

 

Yes - the CR-1/DCF would have no connection to the K-1 other than through the names (the K-3 is filed with a copy of the NOA1 for the CR-1) and the consulate states that the K-1 must be canceled (remember that it requires proof that you are unmarried).

 

But considering the time it might save, it can't hurt to ask.

 

On the other hand, considering the IMBRA backlog, the DCF might just be faster anyway.