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Paul and Haidee

Getting married before K1 visa application is approved

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Filed: K-1 Visa Country: Philippines
Timeline

We were not sure if this is the right place for this question, but I will be returning to the Philippines to see asawa ko before our K1 visa application is approved and we plan to get married at that time. Do we need to change to a K3 visa if we do get married before the K1 is approved? Salamat everyone

Paul and Haidee

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Filed: Lift. Cond. (apr) Country: China
Timeline

If you get married before the K1 petition is approved, you will have to go back to the start and file an I-130 for CR-1. There is no changing from fiancee to spousal visa midstream. The waiting you have done so far will have been for naught and the fee you paid to USCIS will not be refunded.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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You need to start all over from the beginning if you get married.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

*Moved from Off Topic to K1 forum*

You will need to start over from square 1. File a new spouse visa petition and include the filing fee.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: K-1 Visa Country: Philippines
Timeline

*Moved from Off Topic to K1 forum*

You will need to start over from square 1. File a new spouse visa petition and include the filing fee.

We didn't marry yet so we will wait for it to get approved. Thanks for moving this for me. I was not sure where to put it.

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Filed: K-1 Visa Country: Philippines
Timeline

Yeah that would be shooting yourself in the foot. Ive read on this site, probably in the Philippines forum that you can have a church wedding without getting a license and then you are not legaly married.

that way her family can be in the ceremony which your asawa would probably like. Then continue with the fiance' visa.

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Filed: AOS (apr) Country: Philippines
Timeline

We didn't marry yet so we will wait for it to get approved. Thanks for moving this for me. I was not sure where to put it.

You need to do more than wait for approval... you need to wait until you enter the usa

YMMV

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Filed: K-1 Visa Country: Philippines
Timeline

That is quite obvious. The actual question we asked is if we were to get married before our K1 is approved, do we need to change to a K3, since we already started the K1. The question was related to a change of circumstances after the process has already been started. Thank you for trying though.

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That is quite obvious. The actual question we asked is if we were to get married before our K1 is approved, do we need to change to a K3, since we already started the K1. The question was related to a change of circumstances after the process has already been started. Thank you for trying though.

LOL! You stated that you might get married after petitioning for a fiancee visa so it appeared that nothing was obvious to you.

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent : 2008-12-02

I-129F Receipt Notice : 2008-12-05

RFE: 2009-02-26

Approval Notice: 2009-03-13

NVC Received: 2009-03-23

Left NVC: 2009-05-12

Stuck at NVC 50 days

Interview: 2009-06-23 Passed!

Visa picked up: 2009-06-25

POE Detroit: 2009-07-04

Married: 2009-09-11

Filed for AOS: 2009-09-22

Biometrics taken: 2009-10-29

Advance Parole approved 2009-11-04

Employment Authorization approved 2009-11-04

AOS Appointment 2009-12-15

AOS Approved 2009-12-15

Green Card Received 2010-01-02

Filed for ROC: 2011-09-17

ROC approved 2012-03-21

Green Card Received 2012-03-26

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