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

[Dee elle 1,368]

3 minutes ago, Don Godwin said:

you are gonna have to withdraw your K1 and start your K3 processing

K3 are very very rarely issued,. Obsolete now as the i130 processing is timely and the i129f cancelled when the I130 is approved..

[Don Godwin 225]

3 minutes ago, Dee elle said:

K3 are very very rarely issued,. Obsolete now as the i130 processing is timely and the i129f cancelled when the I130 is approved..

You are married now so that's an increased chance it may likely be approved with a positive mind if you got one

[mushroomspore 3,044]

5 minutes ago, Don Godwin said:

You are married now so that's an increased chance it may likely be approved with a positive mind if you got one

It doesn't have anything to do with the probability of approval. The entire K3 category is being phased out by the government. They're purposely denying K3's now (and have done so for a few years) because they want everyone to use K1 and CR1 instead.

Edited July 18, 2018 by mushroomspore

[Valmabe 254]

7 hours ago, Unidentified said:

Why did you think you could continue on a fiance visa when you are married?

What I´d ask is why would you do that when you are half of the way of your K-1?

[ramesesthe2nd 149]

Isn't annulment cancelling the wedding like it never happened? Not suggesting OP should do it, but why would it be a wrong approach?

 

To any one suggesting divorce: You have no idea how freaking long and expensive, in most cases, that process is.

 

OP: CR-1 doesn't necessarily take 12-14 months. If you get lucky, you can get everything done within a year. 

[Diane and Chris 651]

10 hours ago, Urhermosa said:

Awww... That's very sad   

Anyways Canadian_wife,  thank you for your greetings and of course answer  . Are you from Philippines or?  I am just only curious about unauthenticated Marriage Certificate if it's considered legal paper here in our country. 

Canadian Wife?  The country of Canada would be my guess!    

[JFH 12,190]

5 hours ago, issea said:

 So basically they cannot explain to the USCIS that they made an innocent mistake by getting married and they want to fix it by cancelling the marriage?

Talk about muddying the waters! The whole point of a K-1 is because you want to get married, you're ready to get married right now. So, by your logic they will tell USCIS that it was a mistake to get married but they want to get married and this time it's not a mistake. If I got that phone call at USCIS I'd have a hard time believing the whole situation is a genuine relationship. How can an engaged couple get married by mistake? 

[geowrian 22,337]

1 hour ago, Don Godwin said:

You are married now so that's an increased chance it may likely be approved with a positive mind if you got one

Why would that make it any different? They aren't issuing K-3s except in very, very limited circumstances (fractions of a percent...only 29 were issued worldwide last fiscal year, with over a 50% denial rate at the embassy stage, if it somehow got through USCIS and NVC).

 

48 minutes ago, ramesesthe2nd said:

Isn't annulment cancelling the wedding like it never happened? Not suggesting OP should do it, but why would it be a wrong approach?

In some respects, yes. For immigration, no. for example, there are many misconceptions that if you get an annulment, then the alien beneficiary cannot obtain benefits from that marriage, such as for ROC or VAWA. Depending on the reason for an annulment (i..e marriage fraud), it can make an extremely difficult argument but USCIS still recognizes that the marriage occurred even after it is annulled. They will just see the second concurrent marriage as an invalid/illegal marriage at the time it was conducted. As such, they need to legally marry first....the challenge being that they can't just remarry until the existing marriage is dissolved.

 

What a mess of a situation. Never jump the gun, people...it can make a fairly simple process into a nightmare.

 

48 minutes ago, ramesesthe2nd said:

To any one suggesting divorce: You have no idea how freaking long and expensive, in most cases, that process is.

 

OP: CR-1 doesn't necessarily take 12-14 months. If you get lucky, you can get everything done within a year. 

True, it can be long and difficult. But there's not really a better way than to dissolve the invalid marriage and remarry legally.

 

Also true, but I think that's setting unrealistic expectations. That's not the norm. Most people are taking 12+ months right now for a CR-1/IR-1 visa interview.

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

1 hour ago, ramesesthe2nd said:

 

To any one suggesting divorce: You have no idea how freaking long and expensive, in most cases, that process is.

 My last one took 3 months and cost I think $150.

 

Regardless, I don't see what the big deal is with just doing the CR1.  After all, we were one of those couples that married with an I-129F in process.

 

CR1 > K1 in terms of immigrant rights and initial comfort.  So, there is that plus side to your whole situation.

[ramesesthe2nd 149]

5 minutes ago, N-o-l-a said:

 My last one took 3 months and cost I think $150.

 

Regardless, I don't see what the big deal is with just doing the CR1.  After all, we were one of those couples that married with an I-129F in process.

 

CR1 > K1 in terms of immigrant rights and initial comfort.  So, there is that plus side to your whole situation.

Mine took over a year and several thousand $. Most divorces don't cost $150 and certainly take more than 3 months.  In any case, i guess CR1 is the best route forward for OP given everything else.

 

 

 

 

 

[Urhermosa 2]

1 hour ago, Diane and Chris said:

Canadian Wife?  The country of Canada would be my guess!    

Was think she is a Filipino who married a Canadian  . Just new here  

[bakphx1 789]

I thought divorce wasn't legal in the Philippines.  I think the reason never to get divorced for the sake of a K1 is you'd still have to withdraw the pending K1 (you still got married and divorced while it was processing, regardless of who the person  was).   Then international divorce isn't quick and cheap.  Then you file the new K1. What was saved vs. filing the CR1? 

[Lucy&Jason 807]

21 minutes ago, Urhermosa said:

Was think she is a Filipino who married a Canadian  . Just new here  

Hello sis. I am a Filipina too but we are on a K1 visa. Just tell your husband to withdraw your k1 so that you can start your CR1 as soon as possible. The time is running so be quick... Start compiling now necessary requirements for your CR1 packet.

[NovaDC 270]

9 hours 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 divorce in Philippines. And annulment takes more than 10 years. And it's very expensive 

[Diane and Chris 651]

43 minutes ago, Urhermosa said:

Was think she is a Filipino who married a Canadian  . Just new here  

You must be a US citizen to file a petition on behalf of your fiancé/fiancée.