Changing K-1 to K-3

[VisaMom 0]

We have applied for a K-1 visa but my daughter and her fiance are impatiant. She wants to go to Egypt and marry him there. They still want to come back to the US in 6 months to a year. Can you convert the K-1 to a K-3 or do you lose your money on the K-1 and have to start all over agalin with the K-3?

[Thai Rath 1]

We have applied for a K-1 visa but my daughter and her fiance are impatiant. She wants to go to Egypt and marry him there. They still want to come back to the US in 6 months to a year. Can you convert the K-1 to a K-3 or do you lose your money on the K-1 and have to start all over agalin with the K-3?

Sorry, VisaMom, they make you cancel one and start over with the other -- including paying again.

[Hell0W0rld 10]

yep, no converting!!

[YuAndDan 153]

No can do.

K-1 requires I-129F filed first.

K-3 requires I-130 filed and then later I-129F filed AFTER I-130 is received by USCIS.

If considering K-3 then consider doing the Spousal CR-1.

K-3 is an optional visa process that was developed at a time when I-130 was taking a long time to process when compared with K-1 fiancee visa, the K-3 allowed the prospective immigrant to enter the USA and wait for I-130 to be approved. However since USCIS has been approving the I-130 and I0129F at the same time lately the reason for the K-3 no longer exists, the 2 visa processes tend to be about the same time to approve through to a visa.

Both visas start the same way, you file an I-130 for a CR-1 spousal visa, and then file an I-129F to the address indicated on the I-130 NOA1 letter to start the K-3 option.

Consider sticking to the I-130 visa process, for the most part USCIS has been approving I-129F AND I-130 on the same date which essentially eliminates the whole reason that the K-3 was developed in the first place (LONG I-130 Processing time ate USCIS).

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.