change from K1 to K3

[worldwings10 0]

I’m a US citizen, who is engaged to a Canadian. We filed and he has a K1 in his passport (post interview) His personal circumstances (family members in ill health, real estate problems) will require him to have the ability to travel back and forth on short notice. I understand you cannot leave till you have AP however we are thinking changing tact. Would anyone advise changing our plans to marry in the US and now marry in Canada then file a K3 – our time line isn’t critical and I understand he can travel back and forth. If we chose this route (if advisable) would free travel be permitted immediately and what should I do with the existing K1 – simply let it lapse?

Thank you, this is a most informative board and I wish I could contribute.

[Dakine 26]

I’m a US citizen, who is engaged to a Canadian. We filed and he has a K1 in his passport (post interview) His personal circumstances (family members in ill health, real estate problems) will require him to have the ability to travel back and forth on short notice. I understand you cannot leave till you have AP however we are thinking changing tact. Would anyone advise changing our plans to marry in the US and now marry in Canada then file a K3 – our time line isn’t critical and I understand he can travel back and forth. If we chose this route (if advisable) would free travel be permitted immediately and what should I do with the existing K1 – simply let it

Thank you, this is a most informative board and I wish I could contribute.

Cancel the K1 and marry and go for a CR-1. Forget the K3 especially if time isn't a factor.

[pushbrk 13,248]

I’m a US citizen, who is engaged to a Canadian. We filed and he has a K1 in his passport (post interview) His personal circumstances (family members in ill health, real estate problems) will require him to have the ability to travel back and forth on short notice. I understand you cannot leave till you have AP however we are thinking changing tact. Would anyone advise changing our plans to marry in the US and now marry in Canada then file a K3 – our time line isn’t critical and I understand he can travel back and forth. If we chose this route (if advisable) would free travel be permitted immediately and what should I do with the existing K1 – simply let it

Thank you, this is a most informative board and I wish I could contribute.

Cancel the K1 and marry and go for a CR-1. Forget the K3 especially if time isn't a factor.

Or marry quickly, file AOS, then make an infopass appointment to apply for emergency AP.

[cmnb 0]

I’m a US citizen, who is engaged to a Canadian. We filed and he has a K1 in his passport (post interview) His personal circumstances (family members in ill health, real estate problems) will require him to have the ability to travel back and forth on short notice. I understand you cannot leave till you have AP however we are thinking changing tact. Would anyone advise changing our plans to marry in the US and now marry in Canada then file a K3 – our time line isn’t critical and I understand he can travel back and forth. If we chose this route (if advisable) would free travel be permitted immediately and what should I do with the existing K1 – simply let it lapse?

Thank you, this is a most informative board and I wish I could contribute.

dont let ur K-1 rot. visa isnt easy to get...look at people like us waiting for ever in uncertainity. pushbrk has the best advise for u. good luck and i hope all works out for you.

[Carlawarla 1]

I’m a US citizen, who is engaged to a Canadian. We filed and he has a K1 in his passport (post interview) His personal circumstances (family members in ill health, real estate problems) will require him to have the ability to travel back and forth on short notice. I understand you cannot leave till you have AP however we are thinking changing tact. Would anyone advise changing our plans to marry in the US and now marry in Canada then file a K3 – our time line isn’t critical and I understand he can travel back and forth. If we chose this route (if advisable) would free travel be permitted immediately and what should I do with the existing K1 – simply let it lapse?

Thank you, this is a most informative board and I wish I could contribute.

I would think that you'd have no trouble getting a letter from a doctor about a family members ill health to be able to get emergency AP after marriage. However, you won't get emergency AP if say you can't sell your house. AP will allow the spouse to go back and forth to Canada as need be until the AOS is processed. You haven't filled in a timeline, so we don't know how long you've waited already, but are you aware that your Canadian fiance does not have to enter the US for up to 6 months after the visa issuance?

If you're not worried about when he arrives, then you could go the CR-1 route, and have everything done so that he doesn't have to adjust status when he finally gets here. This would allow him to continue crossing the border as well. I don't know anyone that's done this before but there is a chance perhaps that you might be able to get the CR-1 visa faster because you've already been granted a K-1. If in doubt if you have to officially cancel the exisiting K-1 visa in his passport, then I'd email the Consulate to find out for sure.

Please get back to us if you find out any information which could assist others that might be in the same boat...that is how you could contribute!

[worldwings10 0]

We both thank all of those who were kind enough to reply to our question about changing from K-1 to K-3. This site is priceless when it comes to kinship and advice to those who are going through this very difficult process.

We feel it is best of us to possibly convert from K-1 to CR-1.

Is it even possible to email the Montreal Consulate to convert our status? Do any of you have an idea of a better way?

Again, many thanks to all of you who have been kind enough to reply.

[Todd-Leah 0]

We both thank all of those who were kind enough to reply to our question about changing from K-1 to K-3. This site is priceless when it comes to kinship and advice to those who are going through this very difficult process.

We feel it is best of us to possibly convert from K-1 to CR-1.

Is it even possible to email the Montreal Consulate to convert our status? Do any of you have an idea of a better way?

Again, many thanks to all of you who have been kind enough to reply.

Nope, unfortunately K1 is not convertible to CR-1, you have to start all over from scratch, filing I-130 and wait for approval, interview etc.

Leah

[Reba 2]

and of course pay the additional fees etc. Processing fees are not refundable or transferable.