K1 Visa to K3 Visa

[louisaelouise 6]

So update on a previous discussion post. 

 

I previously was doing a K1 visa. My then fiance and I ended up getting married and we filed an I-130. When I sent the I-130 I included the notice of withdrawal of a K1 visa and the decision to get married instead. Previously, I had talked to a tier 1 rep who told me that if I ended up getting married "I wouldn't lose my waiting time" because "things would be transferred."

 

My K1 visa still shows as active and it has been two months since I submitted the withdrawal notice from the I-130. I ended up calling UCSIS and talked to the tier 1 rep about what I should do. She told me to send a letter the CSC since my I-130 case is in a different location. I brought up my previous conversation with the tier 1 rep and she told me that she wasn't sure and placed me on hold to talk to a supervisor. The supervisor then came and told me that I did not need to do anything. As soon as they would get to my K1 case, they will see the I-130 in the system and automatically close the K1 and turn it into a K3 and then process that......

 

Anyone has any input on the situation?

[Crazy Cat 41,856]

2 hours ago, louisaelouise said:

So update on a previous discussion post. 

 

I previously was doing a K1 visa. My then fiance and I ended up getting married and we filed an I-130. When I sent the I-130 I included the notice of withdrawal of a K1 visa and the decision to get married instead. Previously, I had talked to a tier 1 rep who told me that if I ended up getting married "I wouldn't lose my waiting time" because "things would be transferred."

 

My K1 visa still shows as active and it has been two months since I submitted the withdrawal notice from the I-130. I ended up calling UCSIS and talked to the tier 1 rep about what I should do. She told me to send a letter the CSC since my I-130 case is in a different location. I brought up my previous conversation with the tier 1 rep and she told me that she wasn't sure and placed me on hold to talk to a supervisor. The supervisor then came and told me that I did not need to do anything. As soon as they would get to my K1 case, they will see the I-130 in the system and automatically close the K1 and turn it into a K3 and then process that......

 

Anyone has any input on the situation?

 You withdrew the I-129F.  Then, you married.  The process starts from scratch with the I-130.  There is no K3.   Never trust a Teir 1 rep.  They just aren't knowledgeable enough to answer a question like this. 

 

One more thing: The I-129F you filed was marked for a fiance....not for a spouse. An I-129F for a K-3 would have to be filled in to include your current marriage which had not happened when you submitted the form. 

 

Edited September 27, 2022 by Crazy Cat

[louisaelouise 6]

17 minutes ago, Crazy Cat said:

 You withdrew the I-129F.  Then, you married.  The process starts from scratch with the I-130.  There is no K3.   Never trust a Teir 1 rep.  They just aren't knowledgeable enough to answer a question like this. 

 

One more thing: The I-129F you filed was marked for a fiance....not for a spouse. 

Right, the tier 1 person I talked to didn't know and she transferred my call to a tier 2 supervisor who told me the information. 

 

Edit: the tier 1 rep I talked to  told me to send a second letter. When my call escalated to the tier 2 supervisor, he told me there was no need. They will close the K1 and change it to a K3. 

Edited September 27, 2022 by louisaelouise

[louisaelouise 6]

13 minutes ago, louisaelouise said:

Right, the tier 1 person I talked to didn't know and she transferred my call to a tier 2 supervisor who told me the information. 

 

Edit: the tier 1 rep I talked to  told me to send a second letter. When my call escalated to the tier 2 supervisor, he told me there was no need. They will close the K1 and change it to a K3. 

Just to clarify, I was talking to a tier 1 and she didn't know how to answer my questions so she transferred me to a tier 2 supervisor. The supervisor is the one who advised me afterwards to not worry about sending a second additional letter, that once they reach my K1 case they will see the I-130 and turn the K1 into a K3 and process it that way as I am now married. And  that I should expect to see the change happen in the upcoming weeks. 

Edited September 27, 2022 by louisaelouise

[Boiler 45,516]

This is why it is common referred to as the misinformation line.

 

You can file a K3 and hope you do not get it but it speeds up your CR1. I am not convinced but it is free so whatever.

[Marieke H 2,506]

54 minutes ago, louisaelouise said:

So update on a previous discussion post.

What is the previous discussion you are referring to? If you have posted about this issue before, maybe under a different name, it would help if we would be able to read that background.

 

8 minutes ago, louisaelouise said:

turn the K1 into a K3

This isn't a thing. When you got married, withdrew the K-1, and filed the I-130, you started a brand new process with its own processing time, unrelated to the previously filed I-129f. A I-129f doesn't get "turned into" a K-3.

[louisaelouise 6]

3 minutes ago, Marieke H said:

What is the previous discussion you are referring to? If you have posted about this issue before, maybe under a different name, it would help if we would be able to read that background.

 

This isn't a thing. When you got married, withdrew the K-1, and filed the I-130, you started a brand new process with its own processing time, unrelated to the previously filed I-129f. A I-129f doesn't get "turned into" a K-3.

Yes I was under that impression until I was told the same thing by a Tier 2 representative. I knew that tier 1 can say misinformation  but I was surprised to hear the same thing reiterated by the Tier 2 agent.  

[Marieke H 2,506]

3 minutes ago, louisaelouise said:

Yes I was under that impression until I was told the same thing by a Tier 2 representative. I knew that tier 1 can say misinformation  but I was surprised to hear the same thing reiterated by the Tier 2 agent.  

Okay... So what kind of input are you looking for here? We keep telling you that this is not how it works and you keep insisting that we are wrong.

Good luck. Please keep us updated.

[louisaelouise 6]

4 minutes ago, Marieke H said:

Okay... So what kind of input are you looking for here? We keep telling you that this is not how it works and you keep insisting that we are wrong.

Good luck. Please keep us updated.

I was more looking for input on someone who went through a similar situation. A person who had both an active K1 and an I-130.

 

Like I said I already sent a withdrawal letter a few months ago for the K1 but both are still active, and I also talked to USCIS and let them know that the two are active. So I've done everything on my end to notify them.

 

I will update on what happens. 

Edited September 27, 2022 by louisaelouise

[Boiler 45,516]

If you are Married by definition your K1 is not active. You no longer qualify.

[louisaelouise 6]

6 minutes ago, Boiler said:

If you are Married by definition your K1 is not active. You no longer qualify.

Like I said. I am very much aware of this hence why I sent a letter notifying them. I called them and let them know "hey, I'm married now so the k1 is no longer active but its still showing active, what do I have to do to , do you need another letter?"

 

 And like a said several time the supervisor, not a tier 1, told me "dont worry you dont have to do anything, once we get to the K1 application we will see the I-130 and then close the K1 and open a K3 application for you and process things that way" 

 

 

Anyways, I will update what ends up happening. 

Edited September 27, 2022 by louisaelouise

[Marieke H 2,506]

7 minutes ago, louisaelouise said:

I was more looking for input on someone who went through a similar situation. A person who had both an active K1 and an I-130.

If you search the forums, you will find plenty of people who withdrew a K-1 application and filed a CR-1 application. That is what you are doing, not a K-3. Again, the I-130 is a brand new application, the processing time started from scratch. Your K-1 application will not be converted into something else. It is dead, because you withdrew it and are no longer eligible for it.

[Ontarkie 14,223]

~~Moved to IR1/CR1 P&P, from K1 Progress Reports. THe OP is married and no longer in the K1 line.~~

[Crazy Cat 41,856]

1 hour ago, louisaelouise said:

They will close the K1 and change it to a K3. 

They have no authority to change a withdrawn K-1 to a K-3.  A withdrawal letter is irrevocable and final.  These have popped up later to bite the beneficiary long after they were submitted. 

Edited September 27, 2022 by Crazy Cat

[Mike E 11,739]

45 minutes ago, louisaelouise said:

Yes I was under that impression until I was told the same thing by a Tier 2 representative. I knew that tier 1 can say misinformation  but I was surprised to hear the same thing reiterated by the Tier 2 agent.  

Did the supervisor self identify as a tier 2? AFAIK the supervisor of a tier 1 officer is also a tier 1 officer.