K1 Visa to K3 Visa

[louisaelouise 6]

1 hour ago, Mike E said:

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

The supervisor identified as tier 2 and provided me with the badge number

[Crazy Cat 41,888]

5 minutes ago, louisaelouise said:

The supervisor identified as tier 2 and provided me with the badge number

In my simple mind, it makes no sense that they would convert an I-129f which was filled in for a fiance into an I-129f for a K-3 since the information regarding current marriage, etc would be missing.   Besides, the I-129f was withdrawn.

Edited September 27, 2022 by Crazy Cat

[louisaelouise 6]

1 hour ago, Crazy Cat said:

They have no authority to change a withdrawn K-1 to a K-3.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. 

Let me clarify. It wasn't a "withdrawal" notice. It was a notice stating that we went ahead and got married. I assumed that by doing so they would close and withdraw the K1 but they kept the case active. The tier 2 agent told me I don't need to do anything further and just wait it out, that they will either switch it over and send me the notification  or they will ask for a RFE (asking for marriage etc) which will then switch it over as the I-129F forms are the same. Anyways, I'm just gonna wait it out and see what they do 

Edited September 27, 2022 by louisaelouise

[Crazy Cat 41,888]

2 minutes ago, louisaelouise said:

Let me clarify. It wasn't a "withdrawal" notice. It was a notice stating that we went ahead and got married. I assumed that by doing so they would close and withdraw the K1 but they kept the case active. The tier 2 agent told me I don't need to do anything further and just wait it out, that they will either switch it over and send me the notification  or they will ask for a RFE which will then switch it over as the I-129F forms are the same. Anyways, I'm just gonna wait it out and see what they do 

You said, in your first post, "When I sent the I-130 I included the notice of withdrawal of a K1 visa and the decision to get married instead.". 

Good luck.  Out.

[louisaelouise 6]

8 minutes ago, Crazy Cat said:

You said, in your first post, "When I sent the I-130 I included the notice of withdrawal of a K1 visa and the decision to get married instead.". 

Good luck.  Out.

Yes like I said, I knew that by marrying my K1 visa would become inactive. So in my head I thought I was "withdrawing" and starting a new application. But I looked back at the letter I sent, it never uses the word withdrawal.

 

" I filed an I-129F form on _________ (Case Number: _________). When we first submitted our application, we thought that would be able to be reunited and married within a year. However, due to processing delays and longer wait times my partner and I decided that it would be best for our situation and mental health to get married.____________________. So, I hope that you will consider our new I-130 petition and allow my husband and I to be reunited promptly so that________________________________ " 

 

that was what my letter actually said. Im sorry I used the word "withdrawal" but it didn't use that word in the letter I sent. Just assumed that by letting them know I was married they would "withdraw" the application and turn it inactive as I am very much aware that by marrying my K1 visa was no longer applicable. However, the K1 has remained and still is currently active for several months now since I sent the letter. I called USCIS today for that whole reason, knowing that a K1 shouldnt be active after marriage. 

Edited September 27, 2022 by louisaelouise

[Marieke H 2,512]

2 minutes ago, louisaelouise said:

However, the K1 has remained and still is currently active for several months now since I sent the letter. I called USCIS today for that whole reason, knowing that a K1 shouldnt be active after marriage. 

It has only been a few months since you sent that letter. I'm not sure what you mean by the K-1 being "active". Your I-129f petition may still be open because the letter has not been processed. However, this does not matter; you are not eligible for a K-1 anyway. Just focus on your new petition, the I-130. The I-129f will eventually be closed, either because someone looks at the letter or because someone notices that you still have an open I-129f while you are now married. It really does not matter. The open I-129f has not effect on your new petition that you filed after getting married.

[Carpe Vinum 2,327]

Please come back in 6 months and let us know what the status is.

[carmel34 3,633]

15 hours ago, louisaelouise said:

The tier 2 agent told me I don't need to do anything further and just wait it out, that they will either switch it over and send me the notification  or they will ask for a RFE (asking for marriage etc) which will then switch it over as the I-129F forms are the same.

Unfortunately, USCIS staff are notorious for misleading callers and making mistakes.  We see similar stories like yours here on VJ nearly every day in some form or other.  You did receive correct advice about not needing to do anything and just wait.  The I-130 petition has been submitted and that is the correct path forward for you now that you are married.  They were wrong, however, on the I-129F "switching it over" part.  That won't happen.  Good luck with the CR-1 visa process, I hope it goes smoothly for you so that you can be together eventually.

Edited September 28, 2022 by carmel34

[SalishSea 17,836]

14 hours 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.

 

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. 

You won’t find that on VJ, because you received bad information and that’s not how it works.

 

Please come back in 6-12 months and tell us how it all worked out for you.

[nastra30 2,287]

15 hours ago, louisaelouise said:

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.

Op, K1 cannot be changed/converted to K3. Your K1 petition is dead. 

Concentrate solely on your I-130 petition going forward. If you are still interested in this K3 stuff you'll have to submit another petition for K3 based on the filed I-130; although the K-3 petition will do you no good as the issuance of K3 is practically dead.

[louisaelouise 6]

Update: My I-130 was approved!!!!!!! I also  checked my mail and received a notification saying the K1 case was close due to benefits received through other means dated back to  several days ago.

 

 I have no idea if the K1 ended up expediting my I-130 case or maybe it was me calling but I'm not gonna complain!! Thank you for everyone who responded!!!!!!!!!

Edited September 28, 2022 by louisaelouise

[louisaelouise 6]

15 hours ago, Jorgedig said:

You won’t find that on VJ, because you received bad information and that’s not how it works.

 

Please come back in 6-12 months and tell us how it all worked out for you.

I-130 was approved today!!! and received a notification stating that K1 "case was close due to benefits received through other means ". Its been two months no expedite. I dont know if the K1 helped or not but is from now on things country dependent? 

[SalishSea 17,836]

4 hours ago, louisaelouise said:

I-130 was approved today!!! and received a notification stating that K1 "case was close due to benefits received through other means ". Its been two months no expedite. I dont know if the K1 helped or not but is from now on things country dependent? 

Next phase is NVC and then the consular phase.  Much of that timeline is consulate dependent.

[nastra30 2,287]

7 hours ago, louisaelouise said:

Update: My I-130 was approved!!!!!!! I also  checked my mail and received a notification saying the K1 case was close due to benefits received through other means dated back to  several days ago.

 

 I have no idea if the K1 ended up expediting my I-130 case or maybe it was me calling but I'm not gonna complain!! Thank you for everyone who responded!!!!!!!!!

As you can see K1 wasn't converted to K-3.

I-130 being approved in two months is a fast time in USCIS circles; count your lucky stars. 

Hope for more fast times with NVC and Consulate. 

Congrats on your quick approval and best of luck with the rest of the process.

[louisaelouise 6]

25 minutes ago, nastra30 said:

As you can see K1 wasn't converted to K-3.

I-130 being approved in two months is a fast time in USCIS circles; count your lucky stars. 

Hope for more fast times with NVC and Consulate. 

Congrats on your quick approval and best of luck with the rest of the process.

 I have no idea what went on with the K1/K3. But the reps said I wouldn't lose anytime by switching, so I am glad they ended up being right about that at least. So hoping my luck continue for the rest of the process!! 

 

Thank you for all the help!