confusion on K1 to K3 transfer

[gurdip 0]

Hi there, my friend applied for her fiance I-129f abt 1yr ago and he already had medical and interview done, but unfortunatly they put him on the AP thing and when I told her about AP is that black hole which no body know how long it will to clear that out and she couldnt take that and she went to india where her fiance reside and they decided to get maried and their family also wanted to get them married soon as well. so they got married but they didnt change their applictaion status from K1 to K3 because they were scared to be not going thru all the begining process all over again and wait for their interview date again, which is not possible to get that easy. So they decided to leave their case on this status, but not knowing the what could be worse happen if embassy got to know about their wedding, which anyhow is only a indian culture ceremony which they performed, but they havent registerd their marriage, so I hope this is officially not a avoked the rule or any kind felony. They loved each other alot, so its kind do or die situation for them rite now. I am trying to help them out of this mess, but I need you guys help on this. How do we get the K1 application transfer to the K3 status, is they have to go that all process again, I mean medical and interview again or it will be waived. Because the embassy is very far away from their hometown and its very expensive to go to embassy again and again for them, so if their any simple way out of it and get waived that medical and interview, pls help

If they still transfer their case to K3 , where there marriage now already had taken 9 months old, will it be felony now, or it will be leggaly okay? but the main fact is that they still going under AP so I dont know if that will hit them.

[Dakine 26]

Hi there, my friend applied for her fiance I-129f abt 1yr ago and he already had medical and interview done, but unfortunatly they put him on the AP thing and when I told her about AP is that black hole which no body know how long it will to clear that out and she couldnt take that and she went to india where her fiance reside and they decided to get maried and their family also wanted to get them married soon as well. so they got married but they didnt change their applictaion status from K1 to K3 because they were scared to be not going thru all the begining process all over again and wait for their interview date again, which is not possible to get that easy. So they decided to leave their case on this status, but not knowing the what could be worse happen if embassy got to know about their wedding, which anyhow is only a indian culture ceremony which they performed, but they havent registerd their marriage, so I hope this is officially not a avoked the rule or any kind felony. They loved each other alot, so its kind do or die situation for them rite now. I am trying to help them out of this mess, but I need you guys help on this. How do we get the K1 application transfer to the K3 status, is they have to go that all process again, I mean medical and interview again or it will be waived. Because the embassy is very far away from their hometown and its very expensive to go to embassy again and again for them, so if their any simple way out of it and get waived that medical and interview, pls help

If they still transfer their case to K3 , where there marriage now already had taken 9 months old, will it be felony now, or it will be leggaly okay? but the main fact is that they still going under AP so I dont know if that will hit them.

They should cancel the K1 and go for a CR-1 or K3.

[mox 298]

If the wedding was only ceremonial in nature and not legally binding, then they can continue with the K-1. But if the marriage can be considered legal then they must stop and apply for the K-3.

[gurdip 0]

I dont know if that marriage consider a bonding because as far I know they did the cultural wedding ceremony where all the relatives are included, but didnt not registerd it if that count as real wedding I dont know, but if that does I wanted to help them out to get them on the track, so will it be okay for them at this stage to transfer the case from K1 to K3 without any furthure medical and interview? or it will consider as fraud, I dont want them to get a 5 year ban for any kind visa, so please tell me in details about how this will work out, its legal or illegal this process to tell them about marriage after 9 months, or it will be fine because the marriage is only ceremonial not registard. Pls plz help out

thanx

[chris4gretchen 1]

ok, first you cant transfer a K1 to K3. either you are doing a FIANCE visa or you are doing a SPOUSAL visa. You have to abandon the K1 if you get legally married.

Now they need to find out from india, is their marriage binding. is it legal. does everyone there including the family think they are married? Does India tradional and culture say they are married. In some Indian cultures, it doesnt have to be registered to be legal and binding. this is very treacherous to be messing with. IF they are married and continue with the K1 fiancee visa, the beneficary can be deported and banned if found out. and it happens.

the married couple need to find out there if their marriage is legal if it isnt registered. Are they living there as married? to all including family and government officials, priests etc ?? they need to find out. you wont find your answer here except you cant transfer the K visa. you have to start over if you marry.

if they are married they will need to cancel the K1 visa and apply for a Spousal VIsa. CR-1 or K3 and they will have to do the medical and interview again.

Chris

Edited November 26, 2007 by chris4gretchen

[gurdip 0]

ok, thanx for the help guys. I will let my friends know all about this and well see what happen next

wish a good luck

thanx once again, please pray for them

[cuteprince 0]

ok, first you cant transfer a K1 to K3. either you are doing a FIANCE visa or you are doing a SPOUSAL visa. You have to abandon the K1 if you get legally married.

Now they need to find out from india, is their marriage binding. is it legal. does everyone there including the family think they are married? Does India tradional and culture say they are married. In some Indian cultures, it doesnt have to be registered to be legal and binding. this is very treacherous to be messing with. IF they are married and continue with the K1 fiancee visa, the beneficary can be deported and banned if found out. and it happens.

the married couple need to find out there if their marriage is legal if it isnt registered. Are they living there as married? to all including family and government officials, priests etc ?? they need to find out. you wont find your answer here except you cant transfer the K visa. you have to start over if you marry.

if they are married they will need to cancel the K1 visa and apply for a Spousal VIsa. CR-1 or K3 and they will have to do the medical and interview again.

Chris

It is true it can't be transfered from K1 to K3, before abandoning K1 and apply for K3 try to find a reason for AP or wait. If you apply for K3 and wait for the process all over again and go to interview you will have the same AP problem because this time it will be more suspicious to CO because you are trying to avoid the previous problem not addressing.

[payxibka 10,045]

Hi there, my friend applied for her fiance I-129f abt 1yr ago and he already had medical and interview done, but unfortunatly they put him on the AP thing and when I told her about AP is that black hole which no body know how long it will to clear that out and she couldnt take that and she went to india where her fiance reside and they decided to get maried and their family also wanted to get them married soon as well. so they got married but they didnt change their applictaion status from K1 to K3 because they were scared to be not going thru all the begining process all over again and wait for their interview date again, which is not possible to get that easy. So they decided to leave their case on this status, but not knowing the what could be worse happen if embassy got to know about their wedding, which anyhow is only a indian culture ceremony which they performed, but they havent registerd their marriage, so I hope this is officially not a avoked the rule or any kind felony. They loved each other alot, so its kind do or die situation for them rite now. I am trying to help them out of this mess, but I need you guys help on this. How do we get the K1 application transfer to the K3 status, is they have to go that all process again, I mean medical and interview again or it will be waived. Because the embassy is very far away from their hometown and its very expensive to go to embassy again and again for them, so if their any simple way out of it and get waived that medical and interview, pls help

If they still transfer their case to K3 , where there marriage now already had taken 9 months old, will it be felony now, or it will be leggaly okay? but the main fact is that they still going under AP so I dont know if that will hit them.

Besides the obvious legalities (or maybe ilegalities) involved when entering on a fiance(e) visa when they are in fact a spouse. How will your friend (the visa holder) explain to the USCIS when they try to adjust status from K-1 to LPR that the marriage occured before entry into the USA?

[pushbrk 12,570]

I dont know if that marriage consider a bonding because as far I know they did the cultural wedding ceremony where all the relatives are included, but didnt not registerd it if that count as real wedding I dont know, but if that does I wanted to help them out to get them on the track, so will it be okay for them at this stage to transfer the case from K1 to K3 without any furthure medical and interview? or it will consider as fraud, I dont want them to get a 5 year ban for any kind visa, so please tell me in details about how this will work out, its legal or illegal this process to tell them about marriage after 9 months, or it will be fine because the marriage is only ceremonial not registard. Pls plz help out

thanx

They are either married or they are not. If they are married, a fiance visa cannot be used. If married, they'll have a government recognized certificate of marriage.

[mox 298]

They are either married or they are not. If they are married, a fiance visa cannot be used. If married, they'll have a government recognized certificate of marriage.

Exactly!

This really shouldn't be complicated at all. If they are legally married they just need to cancel K-1 and start a K-3.

As far as "suspicion" goes at the interview, the beneficiary just needs to explain that either they filed incorrectly, or that they decided to marry before the completion of the K-1 process. Unless there really is deception going on then there's no need to fear a rejection for re-filing.