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TiklingGuy

Filing fiancé and then switching to spouse

By TiklingGuy in IR-1 / CR-1 Spouse Visa Process & Procedures

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TiklingGuy Proficient

TiklingGuy   211

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Filed: Citizen (apr) Timeline
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A buddy of mine is going to the Philippines to meet his lady friend. When he comes back he wants to file for fiancé visa, but they are planning to get married in December. Can he switch from K-1 to spouse in the middle of the initial processing? 

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Mara Liceth Explorer

Mara Liceth   134

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Filed: K-1 Visa Country: Colombia
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4 minutes ago, TiklingGuy said:

A buddy of mine is going to the Philippines to meet his lady friend. When he comes back he wants to file for fiancé visa, but they are planning to get married in December. Can he switch from K-1 to spouse in the middle of the initial processing? 

No. They will have to start over again with the spousal visa. Tell your buddy don’t waist his money on the K1 and wait to apply for the CR1. 

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K.and.R Apprentice

K.and.R   77

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Filed: Lift. Cond. (apr) Country: Norway
 Timeline
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No, he cannot do that as it’s two very different visas 😊 If they want to get married, he is better off going down the spousal visa route. It would be a waste of money and time if he were to do what you described, as the K1 would not be valid because it’s only for fiancés.

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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10 minutes ago, TiklingGuy said:

Can he switch from K-1 to spouse in the middle of the initial processing? 

 

No

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*

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Roel Experienced

Roel   7,192

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Filed: Lift. Cond. (apr) Country: Poland
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35 minutes ago, TiklingGuy said:

A buddy of mine is going to the Philippines to meet his lady friend. When he comes back he wants to file for fiancé visa, but they are planning to get married in December. Can he switch from K-1 to spouse in the middle of the initial processing? 

Also if they apply for k1 now, there is 0 chance the process will be done by December. So tell him not to make any plans. 

 

If they get married during their k1 process, they have to contact the USCIS to cancel it and apply for a spouse visa. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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pushbrk Grand Master

pushbrk   12,883

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Filed: Other Country: China
 Timeline
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3 hours ago, TiklingGuy said:

A buddy of mine is going to the Philippines to meet his lady friend. When he comes back he wants to file for fiancé visa, but they are planning to get married in December. Can he switch from K-1 to spouse in the middle of the initial processing? 

No switching.  He should also know that unless he is also Filipino, it takes a minimum of two full weeks in country to accomplish marriage between a foreigner and a Filipino.  Does he have that kind of time to spend in country?  Can he stop and get the papers he needs in Manila or Cebu on day one?  It's papers on a day the Consulate is open, then file in the local area of the fiancee, then wait ten business days to get married.  

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