Applied fiance visa, got married. Can we still continue with our case?

[Unidentified 2,930]

Just now, JMCKNG said:

oops!

No worries  

[David & Diana R 1,005]

3 hours ago, Urhermosa said:

Me and my husband applied fiance visa and it's already processed 4 months now. But we got married a month ago, got marriage certificate but not yet authenticated. Can we still continue with our case?  Need help please. Thank you 

Say goodbye to your K-1, cancel it and start all over again and apply for CR-1.  Why in the world would you get married when you had a fiance visa already underway?  Plan on a 12-14 month delay.

[issea 43]

Instead of starting over for spousal visa, can they do divorce? Just ask for the possibility of keeping the pending K-1, not for reality encourage to do so. 

[C&AH 104]

I'm no expert and there are people on this site with much more knowledge than I'll ever have. That said, do not forget that you are dealing with the federal government. So, everything must be done correctly with no slip ups. 

 

My thinking is if you try and continue the K1 at this point (not saying you are; just an observation), you could risk shooting down your chances of even a CR1 visa. 

 

Do it correctly regardless and withdraw your K1 immediately and subsequently initiate the CR1. It will cost you more time but think about where you will be in the long run. Sounds like you didn't plan ahead and went with the moment both with filing the K1 and getting married. 

 

Congratulations on your marriage. Now, slow down, think things through, and do it the right way. 

[Crazy Cat 41,919]

Just now, issea said:

Instead of starting over for spousal visa, can they do divorce? Just ask for the possibility of keeping the pending K-1, not for reality encourage to do so. 

Sure...but it could take 2 years just for that part.  A better option would be to just withdraw the K-1and proceed with a CR-1.

[kemm360 144]

Drunk in love hey 😊 

 

You are no longer a fiancée so you have to withdraw and file CR1 (Spousal Visa) 😎

[debbiedoo 2,339]

3 minutes ago, issea said:

Instead of starting over for spousal visa, can they do divorce? Just ask for the possibility of keeping the pending K-1, not for reality encourage to do so. 

 

no.

 

shoot, a cr1 would be approved or nearly so, before a divorce would be finalized :/

 

for whatever reason, OP got married. NOw their ONLY option is to withdraw the k1 petition, and file a cr1, and wait 12-14 months and pay more money and at this point, wait even longer. had they remained UNMARRIED, their process would have been done in roughly 4-5 more months.

 

 

Edited July 17, 2018 by debbiedoo

[kemm360 144]

4 minutes ago, issea said:

Instead of starting over for spousal visa, can they do divorce? Just ask for the possibility of keeping the pending K-1, not for reality encourage to do so. 

That might look to the USCIS as trying to outsmart them... 

[Sunnyland 639]

47 minutes ago, kemm360 said:

That might look to the USCIS as trying to outsmart them... 

 

Pretty sure USCIS knows exactly what to do with people that try to outsmart them.   Hope OP don't go that route.

[geowrian 22,337]

1 hour ago, issea said:

Instead of starting over for spousal visa, can they do divorce? Just ask for the possibility of keeping the pending K-1, not for reality encourage to do so. 

Sure they can...but it would require a new I-129F. A requirement for the I-129F is that one must be free to marry from the time of filing until entry on the visa (or when the case expires). The moment they married, the existing petition was no longer valid.

[Unidentified 2,930]

1 hour ago, issea said:

Instead of starting over for spousal visa, can they do divorce? Just ask for the possibility of keeping the pending K-1, not for reality encourage to do so. 

They would have to file for divorce and withdraw the K1. Once divorce is final they would have to fill out a new K1 with the divorce decree and probably have to explain why they decided to do it they way they did it... Might as well just go with spousal. 

[debbiedoo 2,339]

7 minutes ago, Unidentified said:

They would have to file for divorce and withdraw the K1. Once divorce is final they would have to fill out a new K1 with the divorce decree and probably have to explain why they decided to do it they way they did it... Might as well just go with spousal. 

If I were a CO looking at that, I"d say ' I Don't know what y'all are trying to pull... but no. good bye'.

 

it makes absolutely no sense.

[issea 43]

10 minutes ago, geowrian said:

Sure they can...but it would require a new I-129F. A requirement for the I-129F is that one must be free to marry from the time of filing until entry on the visa (or when the case expires). The moment they married, the existing petition was no longer valid.

Thx for the clarification. My point is to retain the original petition, but it does not hold in PO's situation the moment they got married. How about annulment which assumes the marriage never existed? 

[Unidentified 2,930]

1 minute ago, issea said:

Thx for the clarification. My point is to retain the original petition, but it does not hold in PO's situation the moment they got married. How about annulment which assumes the marriage never existed? 

why try to lie to USCIS about never being married? That just feels awfully close to trying to scam the system. 

[Crazy Cat 41,919]

4 minutes ago, issea said:

Thx for the clarification. My point is to retain the original petition, but it does not hold in PO's situation the moment they got married. How about annulment which assumes the marriage never existed? 

Annulment in PI takes about 2 years..........about a year longer than a new CR-1 spousal visa would take.