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Peil

Waiting for K-1 visa but want to get married now!

By Peil in K-1 Fiance(e) Visa Process & Procedures

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Peil Explorer

Peil   1

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

My fiancee and i are still waiting for our NOA2. Im heading to the philippines next month and i would like to marry her then. I know she obviously wont have her VISA by then, but would there be any problem if we got married?

Aug 3, 2006 Sent I-129f in to CSC

Aug 15, 2006 They sent I-129F back saying form is outdated

Aug 15, 2006 Sent in updated I-129f

Aug 23, 2006 NOA1

Aug 25, 2006 They cashed my check

Aug 30, 2006 NOA1 received in mail

Nov 28, 2006 NOA2 approved

Dec 2, 2006 NOA2 recieved in mail

Dec 7, 2006 NVC sends letter saying it will be forwarded to manila in a week

Dec 12, 2006 I receive that letter from NVC

Mar 22, 2007 St. Lukes appointment

Mar 29, 2007 7:30am Interview

Mar 29, 2007 12pm APPROVED!!! PRAISE GOD!!!

April 10, 2007 Fiancee Arrived!!! WOO HOO!!!

June 26, 2007 Wedding

July 2, 2007 Medical for AOS

July 6, 2007 Sent in AOS (cutting it really close to the 90 days!)

July 8, 2007 USCIS receives i-485

July 16, 2007 NOA1

July 18, 2007 NOA biometrics

Aug 11, 2007 Biometrics appointment.

Oct 11, 2007 Interview

Oct 11, 2007 Green card Approved!!! Cant kick her out now!

Oct 18, 2007 Welcome letter saying Green card is on its way

Oct 22, 2007 2 year Green card arrived!!

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featherB Proficient

featherB   1

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

Well... the K1 visa is only for fiance(e)s, so as she would then be your wife, not your fiancee, she would not be able to join you in the US using that visa - you would (I assume) have to abandon that application. If the two of you are still planning for her to live with you in the US, you would then need to start all over again and apply for a K3 visa (or... there are other ways of bringing your spouse to the US - CR-1? I don't know anything about that at all, so read the guides on here - but I think it takes a long time) which I think could take even longer than a K1. So it would probably set you back a few months at best...

As you can see, I'm a mere newbie round here - but that's my understanding of it. I'm just answering until someone who knows more about this stuff comes along - but I'm pretty sure you'd have to start again from scratch with a new application... depends how much you want to get married while you're there! :)

Edited by featherB

2005 - We met

2006 - Filed I-129F

2007 - K-1 issued, moved to US, completed AOS (a busy year, immigration-wise)

2009 - Conditions lifted

2010 - Will be naturalising. Buh-bye, USCIS! smile.png

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StarProg Collaborator

StarProg   0

Posted
Filed: Lift. Cond. (apr) Country: Philippines
 Timeline
Posted

featherB is correct, if you marry her while in the Philippines you will have to start over again. The K1 visa requires the marriage to take place in the United States after the visa is issued. If you get married in the Philiipines you will have to start over with the I-130 petition for a CR-1 (some also try for the K-3 assuming it will be quicker, but that is not necessarily the case anymore). I sent my I-130 about a month ago and am hoping my wife will receive her visa sometime around June, an 8 month wait.

View pictures of my April/May trip to the Philippines

View pictures of my Sept trip to the Philippines

Gary (California, USA) filamflag.gif Fely (Zambales, Philippines)

09-11-06 Married

10-12-06 I-130 Mailed Priority

10-14-06 Delivered to CSC

10-16-06 CSC receipt date

10-18-06 NOA1 date

10-19,20,21-06 Touched

12-28,29-06 Touched and very happy about it

12-28-06 NOA2 date

01-15-07 Received at NVC & DS3032 & AOS bill sent

01-20-07 AOS fee bill received

01-30-07 eMailed DS3032 choice of agent

02-05-07 Received email approval for DS3032

02-20-07 Received I-864 package

02-23-07 Received IV fee bill

02-27-07 Paid IV fee

03-12-07 Info packet generated

03-20-07 Mailed I-864 package

03-31-07 Received info packet

04-04-07 RFE mailed by NVC

04-26-07 Mailed RFE response & DS-230 packet to NVC

04-30-07 NVC receives papers

05-10-07 Case complete

05-22-07 Case left NVC

05-24-07 Received pkt 4 in California

06-07-07 Medical Exam

06-28-07 Interview (approved)

06-24-07 - 07-16-07 Gary's trip to Philippines, and I brought Fely home

07-27-07 SSN card received

08-13-08 Green card received

07-10-09 I-751 mailed

08-15-09 Lifting of conditions approved

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zyggy Experienced

zyggy   9

Posted
Filed: Country: Canada
 Timeline
Posted

So in essence you have to make a choice. Do you want her in the US faster via the K-1 you have in process, or do you want to be married first, and then have to refile an I-130 and I-129F for a K3/IR-1 visa.. One or the other, you cannot have both.

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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