K-1 to K-3

[Kelly C 16]

I filed I-129F already (K-1).

Now I am wondering if: after the NOA-2 and before the Interview, at anypoint can we request a K-3 Visa instead of the K-1. We would like to Marry before our child is born. I see a lot of information including answers from VJ'ers on the difference of the 2 Visa's, but I am still confused about my specific situation. Provided the I-129F petition is approved, will it delay the Visa process if we prefer to marry before the K-1 Visa is issued and instead request K-3.

NOA-1 on 01/12/2012 (I-129F). That puts the estimated NOA-2 somewhere in May. another 6-8 weeks for Interview, puts us right about July.

My fiance is 8 weeks preg. that puts the approx. due day early August (I think)

We would like to be married before the baby is born, but I am concerned about the potential delays of requesting K-3 , when we have requested K-1.

If we get our I-129F approved sooner, I will go-fast and avoid AOS Request. This would also benefit in the fact We wouldnt have to get Passports and Visa for the baby.

Thanks as always

Kelly

[belinda63 3,038]

You can't change the visa type, you can only cancel the K-1 and file for the CR-1 which means paying the fees again and starting over in line waiting for approval again.

[Kelly C 16]

You can't change the visa type, you can only cancel the K-1 and file for the CR-1 which means paying the fees again and starting over in line waiting for approval again.

Do you know what the thinking behind that reasoning is? Just Curious...

[Darnell 8,478]

the starting point to 'apply for a K-3' is to:

1. be married and then

2. file the I-130 and then

3. wait for the I-130 NOA-1 and then

4. File the I-129F

But read these bits, aye?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

IMO (and others) yer in for a very long wait after submitting the I-130.

Suggest you follow up (instead) with the expedite request that you've been contemplating.

[skiptex 225]

Edited January 23, 2012 by skiptex

[Kelly C 16]

the starting point to 'apply for a K-3' is to:

1. be married and then

2. file the I-130 and then

3. wait for the I-130 NOA-1 and then

4. File the I-129F

But read these bits, aye?

Comparison on K-3 vs CR-1 - http://www.visajourn...ost__p__3060767

K-3 administratively closed - http://www.visajourn...eived-together/

IMO (and others) yer in for a very long wait after submitting the I-130.

Suggest you follow up (instead) with the expedite request that you've been contemplating.

D, any suggesstions on the formatting the contents of the letter that will best express my situation? I also havin trouble navigating to the other search engine on here to tracky ya,all. Thanks

Does my timeline look accurate to yo all?

[Pitaya 2,577]

Do you know what the thinking behind that reasoning is? Just Curious...

You are referring to USCIS, AKA the Federal government. The terms thinking and reasoning are often mutually exclusive terms when speaking about the Federal government.

Agree :blink:

[NigeriaorBust 4,087]

There is no writing a request to change. You can either ne unmarried and use the K1 which you started or you can get married, which means you can't use the K1 you started and have to start all over again after the wedding. Rules are rules. Many airlines won't let you fly after a certain date. If you are worried about the status of baby a child of a USC is a USC even if the parents aren't married . You have to file a Consular report of birth abroad.

[Kelly C 16]

the starting point to 'apply for a K-3' is to:

1. be married and then

2. file the I-130 and then

3. wait for the I-130 NOA-1 and then

4. File the I-129F

But read these bits, aye?

Comparison on K-3 vs CR-1 - http://www.visajourn...ost__p__3060767

K-3 administratively closed - http://www.visajourn...eived-together/

IMO (and others) yer in for a very long wait after submitting the I-130.

Suggest you follow up (instead) with the expedite request that you've been contemplating.

What do you think of this?

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

P. O. Box 660151

Dallas, TX 752

United StatesDepartment of State

United States Consulate, Manila, Philippines <br style="mso-special-character: line-break;"><br style="mso-special-character: line-break;">

Dear Sir orMadam,

I Kelly C do hereby request USCISexpedite the I-129F Petition Receipt number WAC1290147999 on behalf of Rosemarie M thefollowing Reasons as per USCIS Criteria.

Humanitarian

My Fiancée is pregnantwith my child and having a difficult time with the pregnancy. I can provide support, and care for her andthe baby’s needs here at my home in Idaho. I was present in Manila at the time of conception (please see the evidencesubmitted in the I-129F petition, EOS for having met in person) and will bethere with her on her interview date at the Embassy. Further evidence may be available after hernext Doctor appt. on Jan 30, 2012 that would support the need for her to havecontinued care that I can provide. Atthe time of my visit to Manila (Nov 29, 2011 to 12/11/2011) Rosemarie was caringfor her sisters children with whom she lived with North Fairview, Quezon CityPI, while the sister worked out of the Country. Since arriving back at my home in Idaho, we have learned of Rosemarie’spregnancy and her sister since relinquished her house to her X-husband andmoved to another house about a 3 hour drive away, leaving Rosemarie withoutpermanent housing. Her pregnancy issues prevent her from working, and medicalcare for her and our child is extremely difficult to get. It is a walk to hail a tricycle, 30 minutetricycle ride to the bus stop, then a 2 hour bus ride to the hospital. That along with the return trip can, and issometimes excruciating for her. Ibelieve the safety of my Fiancée Rose and our child should be of great concern.

Here is my progress on the I-129F petition

01/07/2012 Mailed I-129F to Dallas Lock Box

01/10/2012 Accepted, Sent to CSC for Processing

01/12/2012 Touched

01/14/2012 NOA1 Hard Copy Received

With an acceptance to Expedite it will allow thefollowing

- Allowme to care for and provide a safe environment for Rosemarie and our child.

- Allowthe baby to be born in The United States

- Reducethe Burdon on Myself, Rosemarie, Child, The USCIS, DOS, and US Embassy Manila.

By wasting time, money and Government resources, filing for Passports, US Visa, CRBA, ExitClearances and other time consuming, unnecessary hardships if the child were born abroad.

I believe this shouldbe CompellingInterest to USCIS

Enthusiastically,

Kelly C

[NigeriaorBust 4,087]

There is no expeidate for pregnany , if there was a lot of couples would get pregnant to rush things along. Being pregnant is a preventable condition , not a suprise emergency. Compelling interest to USCIS is usually reserved for when they messed up and an expediate will prevent a lawsuit.

[Darnell 8,478]

you've covered the bases in the letter - you've some typos, though.

Fire it off - see what happens.

[Kelly C 16]

you've covered the bases in the letter - you've some typos, though.

Fire it off - see what happens.

Thanks D