K1 to K3

[bungeegirl 0]

Hello everyone. My fiancé and I are currently going thru a very nerve-wracking time so any inputs you have will surely be helpful.

Our K1 was filed a year ago and all we’ve gotten was an NOA1 last January 2007, and a transfer to the local USCIS office last March 2007. We haven’t heard anything since then even after numerous inquiries (infopass, senator, you name it). The only reply we’ve received is, “our file is pending for review”.

And it is because of this that we are seriously considering getting married, cancelling the k1 and filing a k3. My question is, has anyone had experience doing this? Not simply switching to a k3 but doing this inspite of possibly being under extreme review and scrutiny while the k1 is happening. My fear is, switching to a k3 will mean we start all over again and that the reason behind our k1 delay might still affect our k3 petition. Thus making matters worse since we are already married and possibly be separated for an even longer time.

Should we just wait out the K1? Or should we just get married asap? If anyone has a similar experience, pls do share. Thanks all for your help.

[YuAndDan 153]

You will be doing just that canceling the K-1 petition and starting all over again by filing I-130 and perhaps I-129F for K-3, loosing all time that you have spent waiting for K-1 interview.

If you do decide on spousal visa, consider the CR-1 visa, it is a true GREEN-CARD immigrant visa, work-authorized, and NO adjustment of status. K-3 requires adjustment of status ($1010) cannot work until getting EAD card (90+ days to approve), cannot get things like a driver's license until they have EAD card or Green-card. (Drivers license in most sates require SSN, and cannot get SSN until have EAD or green-card)

[bungeegirl 0]

If you do decide on spousal visa, consider the CR-1 visa, it is a true GREEN-CARD immigrant visa, work-authorized, and NO adjustment of status. K-3 requires adjustment of status ($1010) cannot work until getting EAD card (90+ days to approve), cannot get things like a driver's license until they have EAD card or Green-card. (Drivers license in most sates require SSN, and cannot get SSN until have EAD or green-card)

My current I-129F for K1 has been "pending for review" for 14 months now. If we get married and do the CR-1 route, what happens to my I-129F? I know they can run at parallel, but shouldn't there be something done to this since it was originally filed for a K1 and not a K3? Should it be cancelled and we re-send another I-129F for K3 or can we somehow just fyi USCIS about the change of our status? If so, do we have to pay for the I-129F again?

Another thing is, I've been going thru some posts here with approved I-130's and few seem thrilled that it's approved since their K3's are still pending.

If I-130 is approved before the k3, can the foreign spouse fly to the US immediately or waiting for the k3 to be completed is imperative before doing so?

This confuses me. I just want to make sure that if we do get married and file for I-130, once it's approved I can be reunited with my other half.

Edited February 23, 2008 by bungeegirl

[christinejohn 0]

Canceling the K-1 would add more wait, especially since you have already waited 14 months...

Now if you still want to do it, you will have to start the process from the begining and pay the fees.

If you file for the K-3 visa and your I-130 is approved before you I-129F then it's usually USCIS decision to continue the CR-1 way or the K-3 way.

In both cases, once they have been approved and your visa granted, yes you can move to the US right away.

Though you must be awared that the wait is long even for the I-130.

Good luck!

[Reba 2]

The I-129F for the K1 is NOT transferable to a K3. You would be starting over from scratch, and anything that is currently holding up your process will likely hold up an I-130 petition as well.

Consider the time you've put in already, and the time you'd have to look forward to for a CR1 and you'll be there in Singapore for another 2 years or more probably!