changing mid process from K1 to K3

[hconway 0]

Am wondering if anyone has dealt with the issue of changing from a K1 to a K3 after the process has been started. I submitted the I129F 6 weeks ago. I am concerned that this change will cause a significantly longer wait time. And I am not sure what to do. Would I have to cancel the I129F petition? How do you do that? I am trying to convince her that we can have a nice wedding in PERU first, but not make it legal until she comes to the US, so that we can continue to use the K1 visa. Any advice appreciated!

[Anh map 2,098]

You can't switch midstream. You would cancel one petition and file another (plus fee).

You can have a nice party and event as long as it isn't considered a legal marriage in Peru.

[az110965 252]

Hconway,

You would need to cancel the I-129F petition for K-1, then marry and begin the K-3 visa process. The $455 fee you paid is lost and you will be beginning again from scratch.

Also - the K-3 takes longer than the K-1 although the EAD ramifications are different. If you don't mind the extended processing times and losing the money you've already invested in the K-1 process then K-3 might be your answer.

IF you do continue the K-1 process be VERY careful about the ceremony you might have in Peru. If the Consulate interpretates it as a legal marriage ceremony (not just a nice party) then your K-1 will be denied based upon your inability to freely marry - then you are back at the starting line.

Alan

[pushbrk 13,043]

If you don't mind the extended processing times and losing the money you've already invested in the K-1 process then K-3 might be your answer.

For those with immediate immigrant intent, K3 is virtually obsolete. If you marry, follow the CR1 guide.

[sachinky 465]

You can't switch midstream. If you want to get married in Peru, then withdraw your petition and file for a CR-1. K-3s are useless.

[hconway 0]

For those with immediate immigrant intent, K3 is virtually obsolete. If you marry, follow the CR1 guide.

Thanks for your reply. I have read the guides and am still not clear on the CR-1 visa application and how it differs from the K3. I looked here and at the USCIS website. Any guidance would be appreciated. Thanks!

[sachinky 465]

The K-3 may be about a three to four weeks quicker than a CR-1 because it bypasses the NVC stage, but the CR-1 is a superior visa as it allows you to work immediately and is cheaper in the long run.

The K-3 was introduced when CR-1s used to take years to get approved as a way for families to be together during the process. With the CR-1 timelines drastically reduced, the K-3 has now become obsolete.

[Kathryn41 3,205]

Post removed for in appropriate reference. Content of post returned below with inappropriate reference removed.

(hconway @ Jan 31 2010, 11:20 AM) *

Thanks for your reply. I have read the guides and am still not clear on the CR-1 visa application and how it differs from the K3. I looked here and at the USCIS website. Any guidance would be appreciated. Thanks!

pushbrk:

CR1 is the immigrant spouse visa issued when the marriage has not passed its two-year anniversary. Read the whole guide, yes all of it, as the whole process is is layed out for you there.

The Spouse Visa Process General Outline IR1 and CR1 Visas

Immigrant Visas

The CR1 or IR1 visa enables US Citizens to bring their foreign spouse to the USA

The CR2 or IR2 visa allows unmarried children under the age of 21 to move to the US as well, provided the marriage to the natural parent occured before the 18th birthday.

CR1 and CR2 visas are issued to applicants when the visa is obtained prior to the two-year anniversary of the qualifying marriage to the US Citizen. IR1 and IR2 visas are issued to applicants when the visa is obtained after the two-year anniversary of the qualifying marriage. IR1 and IR2 visas result in Legal Permanent Resident Status upon entry to the USA and a "Green Card" expiring in 10 years. CR1 and CR2 visas result in Conditional Permanent Resident Status upon US entry (unless entry occurs after the two-year anniversary of marriage) and a "Green Card" expiring in 2 years. Conditional Residents must apply to remove the conditions between 21 and 24 months after entering the USA.

CR1/IR1 and CR2/IR2 Immigrant Visa Process Outline:

The Immigrant visa entitles the qualifying spouse or child to enter the USA with Legal Permanent Resident Status (a green card) based on a marriage to a US Citizen. The steps involved in immigrating to the US via an Immigrant Visa can be generally described as follows:

The US Citizen files the I-130 Petition for Alien Relative with a USCIS Service Center. Where you file depends on where you live. The petition phase is very straightforward. Approval timelines vary with each Service Center, with the processing times ranging anywhere from one to five or six months.

After the I-130 Petition has been approved, the petition is sent to the Department of State's National Visa Center (NVC) where it is processed and forwarded to the correct Embassy or Consulate. The process of sending the approved I-130 from the Service Center (through the NVC) and arriving at the Embassy or Consulate usually takes from six to 12 weeks. While at the NVC, an Affidavit of Support is provided by the US Citizen Petitioner and the foreign spouse submits an actual "Visa Application" and the visa fee is paid. Once NVC has completed their work, the case file is forwarded to the Embassy or Consulate in the foreign national's country of residence. The visa interview may be scheduled during the NVC stage for some stations abroad but some Embassies and Consulates wait to schedule the interview until the case file arrives on station. The actual visa interview process is generally similar in all countries, although each Embassy or Consulate will vary a bit in their requirements.

Once you have the Immigrant Visa it is good for only one entry into the United States within 6 months of the issue date. The passport stamp given at entry is temporary evidence of Legal Permanent Resident Status and the "Green Card" and Social Security Card arrive in the mail shortly thereafter, usually in two to six weeks.

If you were given a "conditional permanent residency", 21 to 24 months from the date you were granted this status, you will have to apply to have the "Conditional" status removed; if approved you will get a full 10 year green card. If you had a full permanent residency status without conditions then this step is not required.

In three to five years, depending on circumstances, you can apply to become a US citizen (naturalization).

Edited February 1, 2010 by Kathryn41

[hconway 0]

Post removed for in appropriate reference. Content of post returned below with inappropriate reference removed.

pushbrk:

CR1 is the immigrant spouse visa issued when the marriage has not passed its two-year anniversary. Read the whole guide, yes all of it, as the whole process is is layed out for you there.

The Spouse Visa Process General Outline IR1 and CR1 Visas

Immigrant Visas

The CR1 or IR1 visa enables US Citizens to bring their foreign spouse to the USA

The CR2 or IR2 visa allows unmarried children under the age of 21 to move to the US as well, provided the marriage to the natural parent occured before the 18th birthday.

CR1 and CR2 visas are issued to applicants when the visa is obtained prior to the two-year anniversary of the qualifying marriage to the US Citizen. IR1 and IR2 visas are issued to applicants when the visa is obtained after the two-year anniversary of the qualifying marriage. IR1 and IR2 visas result in Legal Permanent Resident Status upon entry to the USA and a "Green Card" expiring in 10 years. CR1 and CR2 visas result in Conditional Permanent Resident Status upon US entry (unless entry occurs after the two-year anniversary of marriage) and a "Green Card" expiring in 2 years. Conditional Residents must apply to remove the conditions between 21 and 24 months after entering the USA.

CR1/IR1 and CR2/IR2 Immigrant Visa Process Outline:

The Immigrant visa entitles the qualifying spouse or child to enter the USA with Legal Permanent Resident Status (a green card) based on a marriage to a US Citizen. The steps involved in immigrating to the US via an Immigrant Visa can be generally described as follows:

The US Citizen files the I-130 Petition for Alien Relative with a USCIS Service Center. Where you file depends on where you live. The petition phase is very straightforward. Approval timelines vary with each Service Center, with the processing times ranging anywhere from one to five or six months.

After the I-130 Petition has been approved, the petition is sent to the Department of State's National Visa Center (NVC) where it is processed and forwarded to the correct Embassy or Consulate. The process of sending the approved I-130 from the Service Center (through the NVC) and arriving at the Embassy or Consulate usually takes from six to 12 weeks. While at the NVC, an Affidavit of Support is provided by the US Citizen Petitioner and the foreign spouse submits an actual "Visa Application" and the visa fee is paid. Once NVC has completed their work, the case file is forwarded to the Embassy or Consulate in the foreign national's country of residence. The visa interview may be scheduled during the NVC stage for some stations abroad but some Embassies and Consulates wait to schedule the interview until the case file arrives on station. The actual visa interview process is generally similar in all countries, although each Embassy or Consulate will vary a bit in their requirements.

Once you have the Immigrant Visa it is good for only one entry into the United States within 6 months of the issue date. The passport stamp given at entry is temporary evidence of Legal Permanent Resident Status and the "Green Card" and Social Security Card arrive in the mail shortly thereafter, usually in two to six weeks.

If you were given a "conditional permanent residency", 21 to 24 months from the date you were granted this status, you will have to apply to have the "Conditional" status removed; if approved you will get a full 10 year green card. If you had a full permanent residency status without conditions then this step is not required.

In three to five years, depending on circumstances, you can apply to become a US citizen (naturalization).

Extremely helpful, I thank you.