Need advice on the timing of my K-1 filing

[zw6233]

I have a trip booked for this June and I am really troubled by the choices between: file immediately OR wait a few months for more front-loaded evidences to go with the I129 petition. We will definitely have a lot more photos and 'total time spent together' after that trip, but at the cost of 3 months delay to our reunion and I figure those new evidences will be available for the interview anyway. Will visa interview officer there already made up his/her mind when reviewing your case before the interview even started?

Here is a brief overview of my current situation:

I petitioned for a K1 Visa 9 years ago (2002) for my ex-wife (also from China). A legitimate marriage and we stayed married for more than 7 years. I was very young at that time (earlier 20s) and made a mistake.

I divorced in May, 2010 and meet my current girlfriend (in person) around Oct 2010 in China. (5 months after my divorce) The two of us have been communicating with each other ( Skype, email, chat) almost daily since that. I took another trip back to China this February and spent a lot of time together. At this point, we have known each other for more than 6 months and we have spent more than 3 weeks together. ( I have another trip booked for June and will bring my engagement ring this time.)

I think we have enough photos for the I129F petition (to proof we have meet in person), but I am little concerned about the negative impact of my previous K1 marriage and the length of time (6 months) we have known each other. Things that can help my petition in a positive way will be our age: (both in early 30s) and our job & education background. My income is way above the poverty line and have assets such as house & savings in 401K(and IRA) in US. My girlfriend studied & received her degree in UK and currently has a white collar level job with an international firm in China (She has traveled all over Europe for business reasons & personal pleasure during last 10 years and even worked outside China for a few years. However, she has never entered US before.) This will be her first marriage and my second, neither party has kid.

So, should I wait 3 more months to front-load I129F after the trip? Or just sent out the petition now and let her bring the additional photos to the interview?

I have always believed that ‘All the legitimate marriage will eventually be approved’, but started getting scared after reading some of the bad stories here. Are there any estimated success rate for K1 interviews at Guangzhou? (Would marry her in China then file for CR1 increase my chances because I have already done K1 once before? )



Thanks for any comments & suggestions.

[dnoblett]

From what I see CR-1 has a much higher success rate than K-1, the consulate sees a more serious relationship when a couple are married vs just engaged.

 

If I were doing this now I would be doing the CR-1 all the way, it has many advantages, lower cost, instant green-card. The only downside is if for some reason it is denied, then have to work harder on overcoming the denial.

 

Front loading tends to be key, it is about exposing any potential red-flags to USCIS, and when they approve seeing these issues the consulate tends to not use them to deny.

 

Keep in mind the primary intention of a K-1 is for cases that something would prevent a couple from marrying overseas, a local custom, or perhaps an age restriction, that would not apply if getting married in the USA.

[Ryan H]

I've seen enough posts here (and VJ) to form this opinion, the interview is not the time to be submitting new evidence, it's often not asked for.

[zw6233]

My concern with doing CR1 is the amount of time we have meet before the marriage (would be less than 8 full months) and there is not enough time left to prepare for a wedding ceremony in China all that sudden. (It really needs to be planned months in advance. ) I am sure USCIS would like to see some wedding photos for CR1 application.

 

There are much more serious consequences if we fail at CR1 comparing to K1: both of us want to avoid the possibility of get married then divorced due to the length of time (could be years?) it will take to resolve visa related problems.

 

For my situation, how many people here would recommend doing CR1 over K1? Someone on VJ think applying for K1 will make more sense to USCIS because of the length of time from my divorce (1 year) & the length time we two have known each other (7~8 months)

Edited April 5, 2011 by zw6233 (see edit history)

[dnoblett]

My concern with doing CR1 is the amount of time we have meet before the marriage (would be less than 8 full months) and there is not enough time left to prepare for a wedding ceremony in China all that sudden. (It really needs to be planned months in advance. ) I am sure USCIS would like to see some wedding photos for CR1 application.

 

There are much more serious consequences if we fail at CR1 comparing to K1: both of us want to avoid the possibility of get married then divorced due to the length of time (could be years?) it will take to resolve visa related problems.

 

For my situation, how many people here would recommend doing CR1 over K1? Someone on VJ think applying for K1 will make more sense to USCIS because of the length of time from my divorce (1 year) & the length time we two have known each other (7~8 months)

 

There is one case I have seen where petitioner had major red-flags as in recent divorce, followed by meeting and then marrying on first visit to China a few months later, they did get a spouse visa out of this, however it was an ugly one, they filed a K-3 petition, the K-3 failed, so they pushed the CR-1 on to the consulate and passed, I suspect they provided a lot of evidence of relationship when pushing the I-130 to the consulate.

 

Your case looks much better that that worse case one.

 

If you were to marry on your next trip over in June, I would suspect this one would have a good chance of a no problem process, if you provide solid up front evidence when filing the petition, a good letter as to what happened with prior marriage, and how you met your current fiancee. A 7 year prior marriage is understandable and is not a negative in your case.

[zw6233]

I just checked the process for CR1 and don't think we will be able to provide much more evidences (such as: joint accounts, places we live together) compare to K1. Somehow I feel our evidences are strong for K1 (engaged and with intentions to marry) but a little weak for CR1 (the actual marriage). Depending on which angle you look at things: it may appear to USCIS that we get married just for the CR1 process. K1 is the most logical choice for us and there is very little reason for us to marry each other (for CR1) without knowing the outcome of the immigration status.

 

The two of us just want to reunion in US as early as possible. What is the CR1 petition processing time compare to K1 these days? (K1 used to be much faster than CR1) I am not ruling out CR1 completely, but the we feel rushed (and very unprepared) to married each other in the next 2 months.

 

 

Now I would like to go back to my original question regard the timing of K1: Should I wait and file I129 with more evidences after the trip? Or file right now, include my plan for trips that has not happened and suggest that there will be a lot of new evidences at the interview?

Edited April 5, 2011 by zw6233 (see edit history)

[xiaozhu]

My concern with doing CR1 is the amount of time we have meet before the marriage (would be less than 8 full months) and there is not enough time left to prepare for a wedding ceremony in China all that sudden. (It really needs to be planned months in advance. ) I am sure USCIS would like to see some wedding photos for CR1 application.

 

There are much more serious consequences if we fail at CR1 comparing to K1: both of us want to avoid the possibility of get married then divorced due to the length of time (could be years?) it will take to resolve visa related problems.

 

For my situation, how many people here would recommend doing CR1 over K1? Someone on VJ think applying for K1 will make more sense to USCIS because of the length of time from my divorce (1 year) & the length time we two have known each other (7~8 months)

 

 

I support you go with K-1. Let visa application go and serve your life plan, instead of the opposition! Follow your heart!

In the process you will get know more about each other, which will be a very good time to overcome your concern about the short time since you know your fianc¨¦e. Your previous K-1 would not be an issue, I think. It was many years ago. Your fianc¨¦e¡¯s background definitely will be a big plus for visa especially at interview. I feel that the VO officer has a real release and happiness when the applicant can speak good English.

[dnoblett]

I just checked the process for CR1 and don't think we will be able to provide much more evidences (such as: joint accounts, places we live together) compare to K1. Somehow I feel our evidences are strong for K1 (engaged and with intentions to marry) but a little weak for CR1 (the actual marriage). Depending on which angle you look at things: it may appear to USCIS that we get married just for the CR1 process. K1 is the most logical choice for us and there is very little reason for us to marry each other (for CR1) without knowing the outcome of the immigration status.

 

The two of us just want to reunion in US as early as possible. What is the CR1 petition processing time compare to K1 these days? (K1 used to be much faster than CR1) I am not ruling out CR1 completely, but the we feel rushed (and very unprepared) to married each other in the next 2 months.

 

 

Now I would like to go back to my original question regard the timing of K1: Should I wait and file I129 with more evidences after the trip? Or file right now, include my plan for trips that has not happened and suggest that there will be a lot of new evidences at the interview?

 

Essentially the same processing time, CR-1 has electronic processing at NVC as an option, and this results in case being transmitted to the consulate bypassing the slow ground shipping. K-1 gets shipped to the consulate usually with a 3 month customs delay. Both petitions get processed in the same length of time at USCIS.

 

Again if it were me I would be shooting got the CR-1 VS K-1.

 

More:

 

CR-1 spouse visa gets green-card the moment arrive in the USA, the visa will be stamped temp green-card, and actual care arrives a few weeks later.

 

Compare:

 

K-1 (FEES ~$1800)

K-1 cannot take a job until getting EAD or Green-card, this can take MONTHS after arrival

K-1 cannot get a DL until they have EAD or Green-card, can use foreign DL in most states though.

K-1 becomes land locked and cannot travel out of the USA until having green-card or AP doc, which can take MONTHS to get.

 

CR-1 (FEES ~$900)

CR-1 gets green-card the moment they arrive in the USA so can take a job immediately

CR-1 gets green-card so can apply for a DL

CR-1 gets green-card so can immediately travel, conceivable the next day, passport is stamped I-551 which allows work and travel

 

Essentially K-1 visa holder will be unable to work for at least 4-6 months after arrival.

 

IF work shortly after arrival is desired, then the better visa is CR-1, (marry first, then apply for visa) CR-1 spouse visa costs less and gets green-card upon arrival to the USA, also with much improved processing, for most consulates CR-1 tends to take perhaps 1 - 1.5 months longer to get than a K-1.

[xiaozhu]

 

Now I would like to go back to my original question regard the timing of K1: Should I wait and file I129 with more evidences after the trip? Or file right now, include my plan for trips that has not happened and suggest that there will be a lot of new evidences at the interview?

 

 

File the petition when you feel you are ready. At interview the VO will ask her how many you visit her and she can provide more evidences which are new.

[Ryan H]

Now I would like to go back to my original question regard the timing of K1: Should I wait and file I129 with more evidences after the trip? Or file right now, include my plan for trips that has not happened and suggest that there will be a lot of new evidences at the interview?

 

 

IMO, the more you are able to frontload, the better. Wait until after your next trip to file.

[bullmastiff]

If K1 is denied , you're looking at very long road before you get together eventually ( 2- 4 yrs ).

Unless both of you have thought of splitting if K1 is denied ; then , go ahead , K1 is a good no lose option other than the money.

 

CR1 is probably even faster today than K1 processing.

[chilton747]

More trips, more evidence to front load = better chance of approval.

[zw6233]

Hmm, looks like everyone here is suggesting front-loading the petition.

 

If I decide to file the petition after my trip in June and CR1 takes nearly the same processing time as K1, then getting married in China and going the CR1 route will make a lot of sense. The main advantage of K1 is I can file it right now and save around 3 months wait time. However, no one here is suggesting doing that when I can make a much stronger petition in 3 months.

 

I will discuss this idea with my girlfriend this weekend. My parents (in US) have not meet the girl and her family in person and I need to figure out a good way to break out such news to them... My relatives in China are going to think that I am out of my mind (marrying someone this quickly).

[xiaozhu]

Hmm, looks like everyone here is suggesting front-loading the petition.

 

----"Not everyone here". Exclude me.

 

If I decide to file the petition after my trip in June and CR1 takes nearly the same processing time as K1, then getting married in China and going the CR1 route will make a lot of sense. The main advantage of K1 is I can file it right now and save around 3 months wait time. However, no one here is suggesting doing that when I can make a much stronger petition in 3 months.

 

----"No one here". Exclude me again!

 

I will discuss this idea with my girlfriend this weekend. My parents (in US) have not meet the girl and her family in person and I need to figure out a good way to break out such news to them... My relatives in China are going to think that I am out of my mind (marrying someone this quickly).

 

---If you can not decide now, then wait for your June trip. Decide marry or not marry. Marriage is much more important than a visa.

 

 

Edited April 6, 2011 by xiaozhu (see edit history)

[chilton747]

Hmm, looks like everyone here is suggesting front-loading the petition.

 

If I decide to file the petition after my trip in June and CR1 takes nearly the same processing time as K1, then getting married in China and going the CR1 route will make a lot of sense. The main advantage of K1 is I can file it right now and save around 3 months wait time. However, no one here is suggesting doing that when I can make a much stronger petition in 3 months.

 

I will discuss this idea with my girlfriend this weekend. My parents (in US) have not meet the girl and her family in person and I need to figure out a good way to break out such news to them... My relatives in China are going to think that I am out of my mind (marrying someone this quickly).

 

 

A K1 visa is granted for those whose intent IS to get married. The quicker the K1 then the faster the wedding. Know whadda mean?