K1 approved, but we need a K3 now. ...Steps?

[SMWeath 0]

I'll type this in 3rd person, it helps me be more accurate, and probably for readers to understand the situation.

I will also post the actual question in bold, italics, and underlined text.

Here is the backstory:

-American Woman (from Michigan) filed for a K1 visa for her Canadian fiance (from Windsor, Ontario).

-The application was approved, however there was a delay in the process when booking his consular interview in Montreal.

-The wedding day was pushed from October 1st 2011, to March 3rd 2012 in hopes that it would be enough time to finish the entire K1 process.

-Unfortunately this was not enough time, and a lot of planning time, and money was put into the wedding...so the Canadian fiance crossed the border (in Detroit by land travel) technically on a visitors visa, and the couple were married as planned on 03 03 2012. (3 days ago... it was an absolutely BEAUTIFUL wedding and we are so happy.)

-Today the American woman legally changed her name, hyphenating her maiden name with her husbands name.

***we now need to get a K3 visa even though our K1 was in mid process.

-I am reading that her options are to "withdraw from our K1" and apply for a K3.

-I also read that she can apply for a K3 with the K1 still in queue, but that it will take more time because USCIS will contact her, to ask her which of the two she is trying to pursue. This is fine. Time is not a concern. Our concern is doing this completely legitimately.

Which is better for us... simultaneous application, or the withdrawl of one and the reapplication of the other?

I assume that since she has a husband and no longer a fiance, that the K1 is invalid. But if we apply for the K3 with the K1 still incomplete, would the K1 simply UPGRADE to the K3? Or is that incorrect according to the logic of the system in place?

we really don't want to confuse the issue

Any help is greatly appreciated.

(for those curious, I am the Canadian Husband.)

Edited March 6, 2012 by SMWeath

[Inky 1,110]

There is no upgrade - you must file a new petition new payments new evidence etc. Start all over from the bottom.

You will not be filing a K-3 but you will be filing a petition for a CR-1. Please see the guides. The CR-1 is the far better / faster / cheaper and sensible choice as it gives permanent residence status on entry to the USA which means travel and work permitted the day you step into the USA. The K-3 does not do this.

[SMWeath 0]

Inky, thank you VERY much for the speedy reply, we will look into this IMMEDIATELY !

Thanks again

[Oksana & Max 94]

Inky, thank you VERY much for the speedy reply, we will look into this IMMEDIATELY !

Thanks again

The processing time for CR-1 is about 10-12 month. So prepare yourself for the wait.

[Inky 1,110]

The processing time for CR-1 is about 10-12 month. So prepare yourself for the wait.

Not for Canada.

[pushbrk 12,824]

I'll type this in 3rd person, it helps me be more accurate, and probably for readers to understand the situation.

I will also post the actual question in bold, italics, and underlined text.

Here is the backstory:

-American Woman (from Michigan) filed for a K1 visa for her Canadian fiance (from Windsor, Ontario).

-The application was approved, however there was a delay in the process when booking his consular interview in Montreal.

-The wedding day was pushed from October 1st 2011, to March 3rd 2012 in hopes that it would be enough time to finish the entire K1 process.

-Unfortunately this was not enough time, and a lot of planning time, and money was put into the wedding...so the Canadian fiance crossed the border (in Detroit by land travel) technically on a visitors visa, and the couple were married as planned on 03 03 2012. (3 days ago... it was an absolutely BEAUTIFUL wedding and we are so happy.)

-Today the American woman legally changed her name, hyphenating her maiden name with her husbands name.

***we now need to get a K3 visa even though our K1 was in mid process.

-I am reading that her options are to "withdraw from our K1" and apply for a K3.

-I also read that she can apply for a K3 with the K1 still in queue, but that it will take more time because USCIS will contact her, to ask her which of the two she is trying to pursue. This is fine. Time is not a concern. Our concern is doing this completely legitimately.

Which is better for us... simultaneous application, or the withdrawl of one and the reapplication of the other?

I assume that since she has a husband and no longer a fiance, that the K1 is invalid. But if we apply for the K3 with the K1 still incomplete, would the K1 simply UPGRADE to the K3? Or is that incorrect according to the logic of the system in place?

we really don't want to confuse the issue

Any help is greatly appreciated.

(for those curious, I am the Canadian Husband.)

Withdraw the I-129F petition with a letter you include with the new I-130 for spouse petition, then follow the CR1 visa route. Consider K3 a dead issue.

No "upgrade". Simultaneous withdrawal and filing is my recommendation.

[SMWeath 0]

Withdraw the I-129F petition with a letter you include with the new I-130 for spouse petition, then follow the CR1 visa route. Consider K3 a dead issue.

No "upgrade". Simultaneous withdrawal and filing is my recommendation.

So we withdrew the K1, and Finally got a letter today saying it has been cancelled. Now we can apply for the CR1. Thanks everyone for the help. I will be sure to stop in with an update.

[OnionsJester 1]

Hope yours goes through faster than mine did .