Marrying while waiting on K1

[dsufi 1]

I am from Iran living in USA and would like to bring my Iranian fiancé here to US. We have not married in Iran yet but we will at some point. I was wondering:

- If I apply for K1 now and then marry in Iran while K1 is being processed, would I still be able to get a K1 visa without any issues?

- Is it possible to switch to K3 at some point during the process to remove the condition to marry in US.

Also:

- I have heard it is easier to get a K3 in terms of the interview process and less chance to get denied. Is that true?

Thanks

Danial

[soulstriker 274]

k3 are pretty much irrelevant not many do them anymore, if you want to marry in the country do cr1 , k1 is for marrying in the us

[Cheezees 1,514]

I am from Iran living in USA and would like to bring my Iranian fiancé here to US. We have not married in Iran yet but we will at some point. I was wondering:

- If I apply for K1 now and then marry in Iran while K1 is being processed, would I still be able to get a K1 visa without any issues? No. There will be one really big issue. The K1 visa is for fiances, NEVER spouses.

- Is it possible to switch to K3 at some point during the process to remove the condition to marry in US. It would be better to do the spousal visa. However, it takes longer than the K1 but as soon as she arrives, she's a resident (unlike the K1). Pick your poison.

Also:

- I have heard it is easier to get a K3 in terms of the interview process and less chance to get denied. Is that true? No.

Thanks Good luck!

Danial

[Unlockable 7,314]

If you marry, the K1 is voided as it is for only marrying INSIDE the us. You would have to start over with a spousal visa which could take up to a year.

K3 is obsolete and is rarely used anymore.

[B&Z 201]

K-3's require an I-130 to be filed FIRST, before the I-129f, so no, you cannot change K-1 to K-3 later on. If you file I-129f and then marry before arrival in the US, your I-129f will be void and you'll have to start all over again from step 1 and file an I-130 along with new fees. If you file for K-1, stick it out and get married in the US. If you plan to marry outside the US, get married first, then file I-130 afterward.

[*Snowdrop* 604]

I am from Iran living in USA and would like to bring my Iranian fiancé here to US. We have not married in Iran yet but we will at some point. I was wondering:

- If I apply for K1 now and then marry in Iran while K1 is being processed, would I still be able to get a K1 visa without any issues?

- Is it possible to switch to K3 at some point during the process to remove the condition to marry in US.

Also:

- I have heard it is easier to get a K3 in terms of the interview process and less chance to get denied. Is that true?

Thanks

Danial

Are you a US citizen? Or a green card holder?

[N-o-l-a 7,167]

We married about a month before the I-129F was approved for a K1. We had to submit a new petition with an I-130 for a CR1 and start the process all over.

[Mamed 18]

dont take any chances. Do k1 and marry in USA or CR1 and marry in Iran. Each has ±

[dsufi 1]

Thanks everybody for all the great information and help.

From all the responses, seems I should either not marry in Iran and do K1 and then marry here; or marry in Iran and do CR1. To make a final decision, I had 2 questions:

- From my investigations it seems K1 takes about 6 months and CR1 takes much longer and up to 1 year. Is that correct?

- If I do K1, after getting married in US, would my wife be able to travel abroad or she has to wait to get her Green Card first?

By the way, I am a divorced US citizen and live in Northern California.

Danial

[Mamed 18]

Thanks everybody for all the great information and help.

From all the responses, seems I should either not marry in Iran and do K1 and then marry here; or marry in Iran and do CR1. To make a final decision, I had 2 questions:

- From my investigations it seems K1 takes about 6 months and CR1 takes much longer and up to 1 year. Is that correct? 4-8 months for K1, and CR1 takes little longer

- If I do K1, after getting married in US, would my wife be able to travel abroad or she has to wait to get her Green Card first? Yes, if she applies for it. read AOS instructions

By the way, I am a divorced US citizen and live in Northern California.

Danial

Edited October 4, 2016 by Mamed

[Pitaya 2,577]

Thanks everybody for all the great information and help.

From all the responses, seems I should either not marry in Iran and do K1 and then marry here; or marry in Iran and do CR1. To make a final decision, I had 2 questions:

- From my investigations it seems K1 takes about 6 months and CR1 takes much longer and up to 1 year. Is that correct? Processing times for both visa processes do often change, processing times vary.

- If I do K1, after getting married in US, would my wife be able to travel abroad or she has to wait to get her Green Card first? After she marries and files for AOS, she could then apply for Advance Parole. Please see below and read about Adjustment of Status (AOS).

By the way, I am a divorced US citizen and live in Northern California.

Danial

easily accessible at the top of the forum page. In particular, the Visa Comparison Chart: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter12.html , and the K1 Flowchart: http://www.visajourney.com/content/k1flow . Please realize that moving here and getting a Green Card is for the purpose of residing in the US. Extensive overseas travel by a LPR with a GC could result in a request by USCIS to surrender the GC.

Good luck on your immigration journey.

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visas~