Action Plan for K1 and going forward (Need your help)

[Nishi 0]

Hi Everyone,

There is definitely a wealth of information on this site; however I have been trying to find the following information that relates to my situation and am unable to find that. I am hoping someone can help me with the following situation –

I am a U.S. Citizen getting engaged to a girl in India during the month of November, 2009. Right after I get engaged, I am going to file for the K1 Visa for my fiancé. I understand and have seen that it has taken some individuals at least a year’s time before their fiancé could enter the U.S. However in some situations it has taken 5 to 6 months. This is fine. However in April of 2010, I will be getting married. During this time, my application will be in K1 status, how easy is it to change the status from K1 to CR1. Is this the best way to go? What are the steps to make the change from K1 to CR1?

Also I have started compiling all the documents relating to K1, I have a few questions regarding the following –

I am going through the some information on the U.S. Department of State –

After my I-129F applications gets approved and forwarded to NVC, the following forms have to be filled –

• Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.) Does the Petitioner have to fill this out as well?

• One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K I am under the understanding this is filled out by the beneficiary.

• Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background) – Photos must be of the beneficiary’s (My fiancé’s right!).

I hope someone can help with the above,

Thanks for your help,

Nishi

[SabrinaFrance 8]

Hey, I will not respond to the change of visa status as I am not qualified to give you an accurate answer. But I am wondering why you and your girlfriend are not starting the k1-visa process now?

I understand that you are not formely engaged at this moment, but nothing really requires you to be in order to apply. you could apply now, and then have the engagement thing in November. This will probably save you several months.

[Otto 83]

I am a U.S. Citizen getting engaged to a girl in India during the month of November, 2009. Right after I get engaged, I am going to file for the K1 Visa for my fiancé. I understand and have seen that it has taken some individuals at least a year’s time before their fiancé could enter the U.S. However in some situations it has taken 5 to 6 months. This is fine. However in April of 2010, I will be getting married. During this time, my application will be in K1 status, how easy is it to change the status from K1 to CR1. Is this the best way to go? What are the steps to make the change from K1 to CR1?

You can not change from a K-1 Fiancé petition to a CR-1 Spousal - two entirely different things. If you get married before the K-1 is approved/issued and entry to the US (and subsequently married) - you will become ineligible for the K-1. This means you will start the process over and have to file for a spousal visa (K-3 or CR-1).

Also I have started compiling all the documents relating to K1, I have a few questions regarding the following –

After my I-129F applications gets approved and forwarded to NVC, the following forms have to be filled –

Everything is laid out in the Step-by-Step guides - use these as a checklist. (As far as who fills out what, I filled out everything for Karin and she just signed in the appropriate place.)

[Old Dominion 26]

Hi Everyone,

There is definitely a wealth of information on this site; however I have been trying to find the following information that relates to my situation and am unable to find that. I am hoping someone can help me with the following situation –

I am a U.S. Citizen getting engaged to a girl in India during the month of November, 2009. Right after I get engaged, I am going to file for the K1 Visa for my fiancé. I understand and have seen that it has taken some individuals at least a year’s time before their fiancé could enter the U.S. However in some situations it has taken 5 to 6 months. This is fine. However in April of 2010, I will be getting married. During this time, my application will be in K1 status, how easy is it to change the status from K1 to CR1. Is this the best way to go? What are the steps to make the change from K1 to CR1?

Also I have started compiling all the documents relating to K1, I have a few questions regarding the following –

I am going through the some information on the U.S. Department of State –

After my I-129F applications gets approved and forwarded to NVC, the following forms have to be filled –

• Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.) Does the Petitioner have to fill this out as well?

• One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K I am under the understanding this is filled out by the beneficiary.

• Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background) – Photos must be of the beneficiary’s (My fiancé’s right!).

I hope someone can help with the above,

Thanks for your help,

Nishi

Only the beneficiary fills out the visa applications. Once you are married, however, if she is not already in the US, you will be starting the process all over again, so perhaps there is no value in applying for the fiance visa.

Edited August 12, 2009 by Old Dominion

[Nishi 0]

Thanks SabrinaFrance and Otto und Karin for your response,

SabrinaFrance - Based upon my readings and findings, I cannot apply before the engagement, as I need proof to show to USCIS and Embassy that I have met my fiance in person (That is a requirement, makes the approval faster).

Otto und Karin - Thanks for your input, I am surprised the government does not allow for a change in status from K! to CR1 (Even though they are completely different). I will apply for a K1 nonetheless and see how things go.

Nishi

[SabrinaFrance 8]

Ok, I did not understand that you had not met your fiancée yet, so yes indeed it will make the process easier if the 2 of you have met.

Make sure to take plenty of pictures, and have all kind of evidences to prove dates and all!

Good luck.

[sera77 35]

I am a U.S. Citizen getting engaged to a girl in India during the month of November, 2009. Right after I get engaged, I am going to file for the K1 Visa for my fiancé. I understand and have seen that it has taken some individuals at least a year’s time before their fiancé could enter the U.S. However in some situations it has taken 5 to 6 months. This is fine. However in April of 2010, I will be getting married. During this time, my application will be in K1 status, how easy is it to change the status from K1 to CR1. Is this the best way to go? What are the steps to make the change from K1 to CR1?

You can not change from a K-1 Fiancé petition to a CR-1 Spousal - two entirely different things. If you get married before the K-1 is approved/issued and entry to the US (and subsequently married) - you will become ineligible for the K-1. This means you will start the process over and have to file for a spousal visa (K-3 or CR-1).

Also I have started compiling all the documents relating to K1, I have a few questions regarding the following –

After my I-129F applications gets approved and forwarded to NVC, the following forms have to be filled –

Everything is laid out in the Step-by-Step guides - use these as a checklist. (As far as who fills out what, I filled out everything for Karin and she just signed in the appropriate place.)

-------------------------------

As Otto said, you can not change from one application process to another. Never ever think in your future dealings with USCIS that there are options or requirements that are anything other than what is specifically laid out in black and white. What appears logical or desireable as an option is NOT an option if it's not stated as such.

Read the guides here at VJ thoroughly.

Your options with your future fiancee and a K1 visa.

K1 is to bring her over here and marry her within 90 days of her entering the country. I just received my noa2 and I had my NOa1 on Mar 19, so you can see it took us nearly 5 months just to get to noa2. I'm planning on at least 2 to 3 more months for the processing at Sydney consulate. I seriously doubt you'd get your fiancees k1 visa ready and in hand by April 2010 if you apply in November 09. That's barely 5 months if you send in your paperwork promptly on Nov 1. Even if you applied this week and got your noa1 back promptly there's no guarantee of her being able to get here by April . There are so many little things that can go wrong, even something as small as an RFE (Request for Evidence) caused by a forgotten signature on any one of the papers you have to hand in can delay you 1 or 2 months.(or longer)

You could do what I and many others choose to do; wait until the k1 visa is in hand and have a small legal marriage with a local town justice, and plan for a big family celebration wedding at a later date.

You sound very definite of your April 2010 wedding date. Perhaps you should consider getting married overseas, the cr1 visa, or changing your wedding date. If your fiancee is able to enter the U.S. as a tourist you could marry here as long as she leaves again afterward and you do the processing with her out of the country. It's not against regulations to marry in the U.S., it's against regulations to stay without the proper visa after the wedding. That being said, it may not be that easy for her to enter the country if she admits she's entering for the purpose of marriage, she could always get turned back at port of entry by the officials there if she does not have a convincing case of her intent to return to India.

Believe me, we understand the desire to get through this and be with our loved ones as quickly as possible and how frustrating the process can be. We're all in the same boat on that one and we're not trying to discourage you-just forewarn you.

Best of luck to you,

S.

edit note, hadn't realized you hadn't met in person yet. no way to apply for k1 before that as they'll just deny you until you do, complete waste of 455dollars

i think you'll have to readjust your plans a bit.

Edited August 12, 2009 by sera77

[Anh map 2,098]

Thanks SabrinaFrance and Otto und Karin for your response,

SabrinaFrance - Based upon my readings and findings, I cannot apply before the engagement, as I need proof to show to USCIS and Embassy that I have met my fiance in person (That is a requirement, makes the approval faster).

Otto und Karin - Thanks for your input, I am surprised the government does not allow for a change in status from K! to CR1 (Even though they are completely different). I will apply for a K1 nonetheless and see how things go.

Nishi

Please read through all of the guides as well as the Asia:South regional forum. You will gain a lot of insight regarding the visa requirements.

Meeting face to face doesn't make the process faster, it makes the process POSSIBLE. (there are rare exceptions)

I assume that your wedding will be in India. If that is the case, my suggestion mirrors that of others: wait until marriage and apply for the CR1. Applying for a K1 visa will just be a waste of money and time.

If you are thinking of marrying in the US it is best to wait until the visa is in hand before making firm commitments. Be sure that any deposits can be refunded and/or dates can be changed.

Best of luck to you both.

[Nik+Heather 121]

Where is this April 2010 wedding supposed to take place? If you are marrying in India, you are also ineligible for the K1 visa, as you have to marry in the US.

[Nishi 0]

Thanks everyone, I feel the best plan of action will be to apply for a CR-1, after I get married in April.

Nishi

[Gary and Alla 3,694]

Hi Everyone,

There is definitely a wealth of information on this site; however I have been trying to find the following information that relates to my situation and am unable to find that. I am hoping someone can help me with the following situation –

I am a U.S. Citizen getting engaged to a girl in India during the month of November, 2009. Right after I get engaged, I am going to file for the K1 Visa for my fiancé. I understand and have seen that it has taken some individuals at least a year’s time before their fiancé could enter the U.S. However in some situations it has taken 5 to 6 months. This is fine. However in April of 2010, I will be getting married. During this time, my application will be in K1 status, how easy is it to change the status from K1 to CR1. Is this the best way to go? What are the steps to make the change from K1 to CR1?

Also I have started compiling all the documents relating to K1, I have a few questions regarding the following –

I am going through the some information on the U.S. Department of State –

After my I-129F applications gets approved and forwarded to NVC, the following forms have to be filled –

• Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.) Does the Petitioner have to fill this out as well?

• One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K I am under the understanding this is filled out by the beneficiary.

• Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background) – Photos must be of the beneficiary’s (My fiancé’s right!).

I hope someone can help with the above,

Thanks for your help,

Nishi

You cannot change. You would need to re-file. Decide what you will do and petition the correct visa. If you will be married in April, 2010 then you should get married in April and file for CR-1 after that marriage. DO NOT count on having a K-1 visa in hand before then. It is a virtual impossibility given the consulate and the fact you will be filing the petiton in April. Do not waste the $455

The forms you mention above would be presented at your fiancees visa interview.

[Gary and Alla 3,694]

Hi Everyone,

There is definitely a wealth of information on this site; however I have been trying to find the following information that relates to my situation and am unable to find that. I am hoping someone can help me with the following situation –

I am a U.S. Citizen getting engaged to a girl in India during the month of November, 2009. Right after I get engaged, I am going to file for the K1 Visa for my fiancé. I understand and have seen that it has taken some individuals at least a year’s time before their fiancé could enter the U.S. However in some situations it has taken 5 to 6 months. This is fine. However in April of 2010, I will be getting married. During this time, my application will be in K1 status, how easy is it to change the status from K1 to CR1. Is this the best way to go? What are the steps to make the change from K1 to CR1?

Also I have started compiling all the documents relating to K1, I have a few questions regarding the following –

I am going through the some information on the U.S. Department of State –

After my I-129F applications gets approved and forwarded to NVC, the following forms have to be filled –

• Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.) Does the Petitioner have to fill this out as well?

• One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K I am under the understanding this is filled out by the beneficiary.

• Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background) – Photos must be of the beneficiary’s (My fiancé’s right!).

I hope someone can help with the above,

Thanks for your help,

Nishi

You cannot change. You would need to re-file. Decide what you will do and petition the correct visa. If you will be married in April, 2010 then you should get married in April and file for CR-1 after that marriage. DO NOT count on having a K-1 visa in hand before then. It is a virtual impossibility given the consulate and the fact you will be filing the petiton in April. Do not waste the $455

The forms you mention above would be presented at your fiancees visa interview.

Sorry, meant "filing petiution in November"