Switching to CR1 / alternatives to pending K1 Visa?

[Crazy Cat 41,836]

3 minutes ago, ROK2USA said:

I'm thinking this is something Tier 1 is telling people on the phone lately... 

Another member has stated something similar in the K3 forums... 

 

 

Hmmmmmm......More bad information from the USCIS misinformation line.

[K1visaHopeful 2,814]

On 4/20/2022 at 5:54 PM, Jorgedig said:

Your situation is not pertinent to this discussion.   Your spouse did not enter the US on a spousal visa.

Thank you!

This post has gone so far off on a completely unrelated tangent that I'm terrified of the repercussions of confusing posts from newbies that may come about from it.

[slumdog-oregon 0]

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-k-

Overview - What Is a K-3 Visa?

 

The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition.  K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. Learn more in the Applying for a Visa section below.

Eligible children of K-3 visa applicants receive K-4 visas. Both K-3 and the K-4 visas allow their recipients to stay in the United States while immigrant visa petitions are pending approval by USCIS.

 

What is a "Spouse"?

 

A spouse is a legally wedded husband or wife. Same-sex spouses of U.S. citizens and Lawful Permanent Residents, along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.

• Merely living together does not qualify a marriage for immigration.
• Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.
• In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

[rocky95 53]

1 hour ago, ROK2USA said:

I'm thinking this is something Tier 1 is telling people on the phone lately... 

Another member has stated something similar in the K3 forums... 

 

 

"According to USCIS if the I 129F is approved before the I 130 it is treated as a K 3." Yes that is what the representative told me after I repeatedly ask if she was sure. She kept on reassuring me that all I needed to do was send in a letter with a change of status and they would transfer my K1 to a K3 and wouldn't lose the months of waiting that I went through.....

[Redro 4,611]

8 minutes ago, rocky95 said:

"According to USCIS if the I 129F is approved before the I 130 it is treated as a K 3." Yes that is what the representative told me after I repeatedly ask if she was sure. She kept on reassuring me that all I needed to do was send in a letter with a change of status and they would transfer my K1 to a K3 and wouldn't lose the months of waiting that I went through.....

One can always try... but @slumdog-oregon has not submitted any paperwork to change the K1 to an K3 so unfortunately we still don't know if what they're saying is accurate... 

[Crazy Cat 41,836]

9 hours ago, ROK2USA said:

One can always try... but @slumdog-oregon has not submitted any paperwork to change the K1 to an K3 so unfortunately we still don't know if what they're saying is accurate... 

Here is the problem with that theory of "updating the I-129f".  A fiance petition and a K-3 petition require completely different supporting evidence.  In addition, an I-129f is marked accordingly and SIGNED by the petitioner.  However, I agree that, if the petitioner submits a NEW I-129f and an I-130 AFTER the marriage, then it COULD (but is unlikely to) create a valid petition for a K-3.  Nowhere, can I find that USCIS allows the I-130 to be filed after the I-129f or that allows a finace petition to be "updated".  

 

Edited April 25, 2022 by Crazy Cat

[Crazy Cat 41,836]

8 hours ago, rocky95 said:

Yes that is what the representative told me after I repeatedly ask if she was sure. She kept on reassuring me that all I needed to do was send in a letter with a change of status and they would transfer my K1 to a K3 and wouldn't lose the months of waiting that I went through.....

Yet, she didn't reference a directive and didn't tell what supporting evidence to submit (which could cause an issue in itself).  This is just another example of incompetent Tier 1 reps.  Good luck.

Edited April 25, 2022 by Crazy Cat

[Crazy Cat 41,836]

10 hours ago, slumdog-oregon said:

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-k-

Overview - What Is a K-3 Visa?

 

The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition.  K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. Learn more in the Applying for a Visa section below.

Eligible children of K-3 visa applicants receive K-4 visas. Both K-3 and the K-4 visas allow their recipients to stay in the United States while immigrant visa petitions are pending approval by USCIS.

 

What is a "Spouse"?

 

A spouse is a legally wedded husband or wife. Same-sex spouses of U.S. citizens and Lawful Permanent Residents, along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.

• Merely living together does not qualify a marriage for immigration.
• Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.
• In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

We all know what a K-3 is.  The issue is the stuff spewed about changing a K-1 to a K-3. 

Edited April 25, 2022 by Crazy Cat

[slavaskii 886]

I don't know who would want to risk being the guinea pig in this experiment. Reading through this thread, I cannot see at all where Tier 1's information is coming from.

[k whorton 6]

The whole system is a cluster. Sorry!