Can K1 Visa be moved to K3

[hrithikjc100 0]

Hello guys,

I was reading the forums all round but didnt find any answer for my question i think. Or maybe i missed some threads.

I met my fiancee last year in SEP 2009. I wasn't a citizen at that time. I became a citizen in FEB 2010. I filed the 129F-K1 today as of March 22nd 2010. My parents are planning to get us married by JUNE/JULY 2010. So question comes out is that. If we get married in INDIA. will that affect our process? Can the K1 moved to K3 and taking as same priority date? I'm expecting to receive NOA2 by that time. So the case will be in INDIAN EMBASSY. So how can that be done? And resolution? Or should i be on K1 n get her to US? or apply for I130 being in India. Ill be in India for about 45days during the wedding time.

The two points which are priority:

Dont want to get the process delayed.

Parents want us to get married by JUNE/JULY.

Any help will be nice.

Thanks

Chirag

[lucyrich 20]

Nope.

The K-1 and K-3/CR-1 paths are completely separate (even though they share some forms).

The K-1 is for fiancees only. Once you marry, then the alien is not eligible to get a K-1 visa, or if he/she already has the visa, then he/she is ineligible to use it to enter the US. On the day you marry outside the US, the K-1 paperwork becomes invalid and completely useless. The paperwork that was started can't be switched over to be used to get a K-3.

If you marry at any time before entry to the US, then you've got to start the process all over from the very beginning as a married couple. File a new I-130, and optional I-129F, along with new supporting documents.

That may not be so logical or fair, but that's the way the laws are.

[hrithikjc100 0]

So Is there any recommendation to the issue? Like which forms should i file? Or something which can be done in India?

Thanks

[belinda63 3,022]

Only way would be to have a ceremonial marriage that was not registered. Otherwise you must start the process over. K-1 is only for unmarried persons.

[hrithikjc100 0]

That thing came in my mind too.. Had one more question.

While filing the application i sent the pics of our ring ceremony? would that be a problem? They wont consider ring ceremony as a marriage right ? cuz we exchanged rings? But we never got married. We won't get RFE right?

[VanessaTony 3,567]

Only way would be to have a ceremonial marriage that was not registered. Otherwise you must start the process over. K-1 is only for unmarried persons.

This is ideal. There have been a few posts (and a couple today) where a religious ceremony has been done and yet the marriage not registered so the K1 is still available. Then when arriving in the US you will need to legally marry your fiance.

If you family wants it to be LEGAL in June/July then you may as well cancel the K1 petition and send in the CR-1 process but you can only do this AFTER you're married so this will mean your new wife will start from the start again, and have a wait time of around 8 months-ish from after your wedding.

if you DON'T legally marry her then you should be able to be together in the US around 4 months after marriage. I would do a religious and non-legal ceremony in June/July and a legal one in the US when she arrives, personally.

Edited March 22, 2010 by Vanessa&Tony

[az110965 252]

All you need for approval at the USCIS step is to be legally free to marry (plus of course proof only of having met within tyhe past 2 years). A ring ceremony is not a marriage and therefore you won't have any problems at the USCIS I-129F petition portion of the immigration journey.

[hrithikjc100 0]

Thanks a lot guys for clearing the confusion.. my post is almost 45mins Old and question solved.

You guys Great

VJ rocks.

Thanks

Chirag

[hrithikjc100 0]

Hey Sorry got one more question. As i said above i sent the engagement pics as a proof. Will that made the process faster or it doesn't matter?

Thanks

[HeatDeath 430]

Pictures and other proofs you send with the I-129F won't affect the speed at which the I-129F gets approved one way or the other. USCIS doesn't really look at your relationship evidence except to establish that you and your fiancee have met, which is to say that you've been in the same room (or outside area, picky picky picky ) at the same time [and ideally interacted with each other, though that may not be legally necessary ] sometime in the past two years, which is all the relationship you two legally need to get an I-129F petition approved.

Beyond that, all USCIS do with the relationship evidence is pass it along, with the rest of the packet, to the NVC, who don't look at the relationship evidence at all. They just pass it along to the consulate where your fiancee will interview.

And that's where things get interesting. The consulate will look very long and very closely at everything they receive from the NVC. They are likely to be quite curious (depending on just how much your "ring ceremony" looked like a real wedding by local customs. If it looked real enough to satisfy fussy in-laws, it probably looked real enough to confuse the consulate officer) as to exactly how she can still be "legally free to marry" after a "ring ceremony".

She must be absolutely, positively, CRYSTAL CLEAR with them at all times that she is NOT married to you, that that ceremony did NOT constitute a wedding, and that she was, is, and will remain legally free to marry you AFTER she enters the US. If she so much as slips and accidentally refers to you as her husband one time, you two may be forced to kiss the K-1 visa goodbye, and spend many months of extra delay and hundreds of dollars applying for a spousal visa.

These unofficial "wedding but not-really-wedding" ceremonies so many people doing a K-1 try to do are really playing with fire. I understand the pressure many couples can come under, especially in countries where the beneficiary's parents cannot easily arrange to travel to the US to attend the real, legally-binding wedding, and I sympathize, but consulate officers are simple creatures. They are easily confused, and their confusion can make your life very difficult. It is best to avoid any kind of behavior that will confuse them

[sachinky 464]

VERY IMPORTANT:

Under Indian laws, a religious ceremony/wedding is deemed to be a valid LEGAL marriage in India. Unlike other places like Thailand or Vietnam. Doesn't matter whether you register it or not. I distinctly remember reading about two cases which were denied for precisely THIS reason. Please remember local customs and rules differ from one country to another and the consulates go by those rules.

Do NOT attempt to go via this path. If you have to get married in June/July, withdraw this K-1 petition and file for a CR-1 once you have the marriage certificate. The K-1 is for fiancees. Not wives.

[Bernie C 24]

VERY IMPORTANT:

Under Indian laws, a religious ceremony/wedding is deemed to be a valid LEGAL marriage in India. Unlike other places like Thailand or Vietnam. Doesn't matter whether you register it or not. I distinctly remember reading about two cases which were denied for precisely THIS reason. Please remember local customs and rules differ from one country to another and the consulates go by those rules.

Do NOT attempt to go via this path. If you have to get married in June/July, withdraw this K-1 petition and file for a CR-1 once you have the marriage certificate. The K-1 is for fiancees. Not wives.

Good Point Sachinky! Best to default to others with experience in the country of your consulate for some specific topics! We did the "traditional marriage" in Vietnam and still did the K-1 so I am glad to hear you chime in and let it be known that this will not fly in India.

Given that, I agree! The couple has a decision to make on where to carry out the marriage and what steps to take, either continue with the K-1 or refile for CR-1.

Good Luck to you either way you decide!

[FrancElsie 6]

Hello guys,

I was reading the forums all round but didnt find any answer for my question i think. Or maybe i missed some threads.

I met my fiancee last year in SEP 2009. I wasn't a citizen at that time. I became a citizen in FEB 2010. I filed the 129F-K1 today as of March 22nd 2010. My parents are planning to get us married by JUNE/JULY 2010. So question comes out is that. If we get married in INDIA. will that affect our process? Can the K1 moved to K3 and taking as same priority date? I'm expecting to receive NOA2 by that time. So the case will be in INDIAN EMBASSY. So how can that be done? And resolution? Or should i be on K1 n get her to US? or apply for I130 being in India. Ill be in India for about 45days during the wedding time.

The two points which are priority:

Dont want to get the process delayed.

Parents want us to get married by JUNE/JULY.

Any help will be nice.

Thanks

Chirag

Hello...

First: How do you know for sure that the petition for your fiancee' will be approved?????

Second: You just filed your petition a few days ago...have you checked the processing times? It seems to me that your parents JUNE/JULY dates are a bit overly optimistic considering that there are no guarantees in this process.

Third: As posted by another responder...K-1 and K-3's are similar but separate paths. You cannot sidetrack from one to the other. IF you want to go the K-3 (wife) route, you will need to begin the process again AFTER she is your wife, pay another fee and wait out the time that it takes from beginning to end. In my humble opinion, making wedding plans that are controlled by your parents is not beneficial to you and your fiancee. Whose wedding is it?

Best Wishes,

Franc