looking to convert from fiance visa to k3

[mikeknight 0]

Hello Everyone,

I presently have a fiance visa (i-129f) in the dominican republic for my fiance. We have a child together who was born in the united states in september of 2005. She has been in the dominican republic since december of 2005. I recieved notice in March of this year (via form 797) that my fiance visa has been approved. My fiance called the consulate in santo domingo for a status on her interview. She was informed that they did recieve our paperwork, but they have not yet entered her information into the computer. I went to the consulates website and it looks like there are 531 pages of people waiting for an interview. I checked in visajorney's fiance visa forum and it looks like the wait will be about one year.

http://santodomingo.usembassy.gov/Consular/waiting_list.htm

I do not want to wait a year to get my fiance and child back with me to the united states. I am wondering how I go about converting my fiance visa to a k3 visa. From what I understand so far, first I need to go to the domincian republic to get married so she is now my spouse. After that, I'm not sure how to convert from a fiance visa to a k3 visa. Can anyone give me some adivce on this? Thank you!

[Boiler 45,578]

There is no conversion, you start again.

[babybunny 2]

here is an artical you might wanna look at..

http://www.ilw.com/articles/2006,0323-ellis.shtm

[mikeknight 0]

here is an artical you might wanna look at..

http://www.ilw.com/articles/2006,0323-ellis.shtm

I took a quick look at that article and it does look helpful. I will defintely read it in detail tomorrow!

[Yodrak 7]

mikeknight,

Your fiance visa has not been approved. Your petition qualifying your fiancee to apply for a K1 fiance(e) visa has been approved. Two different things.

The wait for an interview for a K3 spousal visa, from the time you get an approved petition for that, is not going to be any different from the wait for the K1 fiance(e) visa except as to changes in the length of the line that may occur between now and when you get the new petition approved. If the wait for a K1 interview is 1 year, your fiancee's wait for a K3 interview is going to be 1 year + the time it takes to get married and get a new petition approved.

Are you sure that the 532 pages of people waiting for interview are waiting for the same type of interview?

Yodrak

Hello Everyone,

I presently have a fiance visa (i-129f) in the dominican republic for my fiance. We have a child together who was born in the united states in september of 2005. She has been in the dominican republic since december of 2005. I recieved notice in March of this year (via form 797) that my fiance visa has been approved. My fiance called the consulate in santo domingo for a status on her interview. She was informed that they did recieve our paperwork, but they have not yet entered her information into the computer. I went to the consulates website and it looks like there are 531 pages of people waiting for an interview. I checked in visajorney's fiance visa forum and it looks like the wait will be about one year.

http://santodomingo.usembassy.gov/Consular/waiting_list.htm

I do not want to wait a year to get my fiance and child back with me to the united states. I am wondering how I go about converting my fiance visa to a k3 visa. From what I understand so far, first I need to go to the domincian republic to get married so she is now my spouse. After that, I'm not sure how to convert from a fiance visa to a k3 visa. Can anyone give me some adivce on this? Thank you!

[mikeknight 0]

Hello Yodrak,

Thank you for your response. On the waiting list pages, I don't think it says the type of interview the applicant is waiting for.

The worst part is that according to the representative my fiance spoke with, she has not even made it onto the waiting list (see above link). Her application is still being processed.

[Yodrak 7]

mikeknight,

I took a look at the link you provided and it does indicate that they are immigrant visa cases, which would include K non-immigrant visas.

Damn - 27,000 cases! No wonder you're concerned. But getting married and starting over will only put you further back on the list, so hang on to the position you've got.

Yodrak

Hello Yodrak,

Thank you for your response. On the waiting list pages, I don't think it says the type of interview the applicant is waiting for.

The worst part is that according to the representative my fiance spoke with, she has not even made it onto the waiting list (see above link). Her application is still being processed.

[Reba 2]

yeah, I'd just stick it out. Its a pain in the ####### to be separated so long, but it'll be even longer if you go and get married and have to start all over again from scratch. K3s usually take longer than K1s just in general, but then add that to having to travel to the Dominican and plan a wedding and yadda yadda yadda....you're better off just to wait on the K1 unfortunately

It sucks yeah, but it'll suck less than waiting another whole year for a K3!

[mikeknight 0]

She presently has a tourist visa good for 10 years. I had heard that if she attempt to come to the US with my child, one or more of these things will happen.

1. her fiance visa will be cancelled (INS will see she travelled on a tourist visa when she was waiting for the fiance visa).

2. they won't let her come in (somehow her visa is now flagged on a computer. Although the consulate has said they haven't even entered her into the computer yet, but they have recieved her paperwork).

I am really missing my little boy growing up.

[Reba 2]

that really depends on her intent when she enters the US with her tourist visa doesn't it?

If she's coming here strictly for a vacation and will return to the Dominican to wait out the remainder of the K1 processing, then she just may be allowed entry. With no harm done to the K1 petition or later application.

I'm a bit confused if you've only just sent in the petition (I-129F) or if that's been approved and you're just waiting on the K1 visa application (DS forms) to be sent to the consulate and an interview date set. Which are different processes. Ones a petition and ones a visa application.

Your second scenario: She could try to come visit the US and be denied entry and sent back to the Dominican. Again, usually with no harm to the petition or later application for K1, other than she would have to put on the DS form that she was once denied entry to the US, and for what reason. No harm, no foul.

At no time (unless for criminal reasons such as a felony record) will a denial of entry harm later non-immigrant visa applications. However, if she's trying to use the tourist visa to enter the US for the purpose of staying to marry you, then it is very likely that she'll be denied entry.

We understand your pain, lots of people here at VJ are separated from their spouse and child(ren), unfortunately we have to do things this way in order to be legal.

[Boiler 45,578]

that really depends on her intent when she enters the US with her tourist visa doesn't it?

If she's coming here strictly for a vacation and will return to the Dominican to wait out the remainder of the K1 processing, then she just may be allowed entry. With no harm done to the K1 petition or later application.

I'm a bit confused if you've only just sent in the petition (I-129F) or if that's been approved and you're just waiting on the K1 visa application (DS forms) to be sent to the consulate and an interview date set. Which are different processes. Ones a petition and ones a visa application.

Your second scenario: She could try to come visit the US and be denied entry and sent back to the Dominican. Again, usually with no harm to the petition or later application for K1, other than she would have to put on the DS form that she was once denied entry to the US, and for what reason. No harm, no foul.

At no time (unless for criminal reasons such as a felony record) will a denial of entry harm later non-immigrant visa applications. However, if she's trying to use the tourist visa to enter the US for the purpose of staying to marry you, then it is very likely that she'll be denied entry.

We understand your pain, lots of people here at VJ are separated from their spouse and child(ren), unfortunately we have to do things this way in order to be legal.

Agree with all the above, I visited US when my K1 was being processed, all down to whether she can substaniate non immigrant intent if quizzed.

[Yodrak 7]

mikeknight,

You need to do your listening elsewhere. Replace it #1 with 'they will let her come in'.

Don't know what the odds might be for 1 v. 2.

Yodrak

She presently has a tourist visa good for 10 years. I had heard that if she attempt to come to the US with my child, one or more of these things will happen.

1. her fiance visa will be cancelled (INS will see she travelled on a tourist visa when she was waiting for the fiance visa).

2. they won't let her come in (somehow her visa is now flagged on a computer. Although the consulate has said they haven't even entered her into the computer yet, but they have recieved her paperwork).

I am really missing my little boy growing up.

Edited May 23, 2006 by Yodrak

[mikeknight 0]

I was wondering about one more potential snag. My son was born in the United States and has a U.S. Passport. However, the baby has my fiancee's last name and not mine. Do you think this will stop my fiancee' from being permitted to enter? Will this spark a line of questioning like (who is his daddy and what does he do? Who are you coming to see, the dad? Why didn't the dad give him his last name? Do you have any other pending visas? ) Or is the inspector really just concerned as to whether the she intends to go back to her country before her visa stay expires? Thanks again for your help.

[Boiler 45,578]

I was wondering about one more potential snag. My son was born in the United States and has a U.S. Passport. However, the baby has my fiancee's last name and not mine. Do you think this will stop my fiancee' from being permitted to enter? Will this spark a line of questioning like (who is his daddy and what does he do? Who are you coming to see, the dad? Why didn't the dad give him his last name? Do you have any other pending visas? ) Or is the inspector really just concerned as to whether the she intends to go back to her country before her visa stay expires? Thanks again for your help.

All the things that you mention suggest the possibility of immigrant intent.

So what does she have to counter?

Edited June 7, 2006 by Boiler