Had K-1 visa, now married and filed K-3

[Yodrak 7]

Austin_Volgograd,

Not change.

They'll do it all again. One significant thing about the person has changed, perhaps there is other new information as well.

Yodrak

...

My questions are whether the previous K-1 petition (which we have cancelled) will hurt, help, or not change our *new*, current K-3 visa process.

What I meant was... Since they've already done a full background check and approved everything (except for the interview), will the government - in its infinite wisdom - do the full background check again? Or will they realize... "Hey! We've already done a check on this woman!" and just move it along more quickly. I'm 99.44% sure they'll do the checks all over again. I was just hoping someone has been through this before and would say "Naw... They'll just see it's the same woman." and hasten the process a bit.

...

Best wishes,

Austin_Volgograd

Edited June 18, 2006 by Yodrak

[ohiobuck 0]

Hi all!

My wife and I had previously filed a K-1 petition. During the months of waiting for our lawyer to send documents (lots of problems), and the subsequent processing time, we decided to get married (January 13, 2006).

We have already started the I-130/K-3 petition process. In the meantime, our original K-1 petition was approved and sent on to the Embassy in Moscow. We recently received word that the Embassy has scheduled an interview for May 11th.

I know. I know. We should have just waited for the K-1 to finish. In hind sight, that would have gotten her here quicker. But our hearts had other things in mind. Ahhhh... The foolishness of love!

Our lawyer for the K-1 told me he sent all the necessary cancellation requests to the USCIS, et al. I've since taken a new lawyer for the K-3 because the first lawyer wanted $2,000+ dollars to restart everything. Highway robbery!! Especially after the crappy job he did with the K-1! He always had an excuse why our documents didn't get sent. (Hurricane in New Orleans - he is in Alabama; death in the family of his paralegal, he moved his office, he lost our documents -- ARGH!) It took him THREE, yes 3, MONTHS to send our K-1 petition. I won't mention the name here, but the firm is/was supposedly VERY reputable and has a purported 100% success rate.

Anyways... back to the original topic. What I am curious about:

Has anyone else had experience with filing a K-1 petion and then getting married (to the same woman) and filing a K-3 petition?

Did (could) the original K-1 petition cause any problems or questions?

Could the original K-1 petition actually speed things up any? I know it's not likely, but would they realize they've already done a background check and move it along any quicker? Yeah, yeah... I know it's just a dream.

I'll definitely share my experience as things unfold here. I'm just curious if anyone else has been down this road.

Thanks!

If you go ahead and do the big church wedding in Russia for your wife, but it isn't a legal marriage so you file the K1 and get married again legally in the USA later, be careful. When your wife has her K1 interview and especially when she arrives into the US and goes through customs make sure she's not wearing a wedding band and does not say she's your wife or you are here husband. I wish I had the link but a couple weeks ago a husband was sent home for fraud for a K1 because he wore a wedding band and called his fiancee his wife. They just sent him back, which must void the K1 they had and they are fighting to get this fixed so he can be together. I thought I should share so if do go this way you know you have to watch what you say. But I recommend you just be honest. If you get married do the K3 and if you don't get married do the K1. Plus the K3 isn't much longer and I feel it gives you more advantages, especially if your wife will work or you are concerned about getting the greencard faster to feel more secure.

I wish you both all the best,

Paula

[Austin_Volgograd 0]

But I recommend you just be honest. If you get married do the K3 and if you don't get married do the K1. Plus the K3 isn't much longer and I feel it gives you more advantages, especially if your wife will work or you are concerned about getting the greencard faster to feel more secure.

I wish you both all the best,

Paula

Ummm... I guess people are missing some of my post. We are being honest. We've already cancelled the K-1 and have filed for I-130/K-3. Now we're playing the waiting game. Such is life.

What I believe used to be about 6 to 8 months for a K-3 is obviously going to take much longer now that we have this blasted IMBRA thing screwing our lives up. I understand many people will say that it only affects K-1 visas... I don't think I can agree with that blanket statement. Our K-3 has been delayed almost 2 months already, with no relief in sight.

But thanks for the kind wishes.

Best wishes to all, also!

[dmartmar 1]

When you say you have left, let the government know you're still married now, but wish to cancel the petition. Have you let the Consulate know? You can do this by sending them a letter saying you have gotten married, but will no longer pursue the K-1. Include the case number, names and date of birth of both the petitioner and beneficiary. Tie up the loose ends.

Can he just turn everything in at a district office and tell an officer the same thing, w/o having to write a letter?

[Jaylen Brit 0]

I agree with others that emailing/faxing/ the Russian US Embassy on your change of circumstances (abandoned K1, now persuing K3) is a good idea - govt departments have a long and happy history of the left hand not knowing what the right hand is doing.

At least if YOU let them know (in writing) you will know its DONE - and your bases are covered.

No-one can accuse you of any mis-representation if you let EVERYONE you dealt with / dealt with you know what occurred (which seems to mostly be the case already anyways). Although what you would be misrepresenting I don't know..the K1 is an intention of marriage - well u DID get married! lol You just didn't wait til your fiancee got the US to do it.

I agree with you that right now its unknown how much, if any. impact the new IMBRA law will have on your application. Not sure if anyone has completed a case yet post-IMBRA (that was affected by the change in law and had NOA1 after March 6)

Congrats on your marriage tho