K1 Visa to K3 Visa

[Ximena Anna 7]

Wooohoo! Congratulations! So glad you called up the actual people processing your case and didn't get disheartened by the random people on here being negative!! Surely a tier 2 supervisor would have more "authority" than a random forum user.

[FrankEPatrick 1]

I am confused? 

 

Is shifting to a K3 expected to speed anything up? 

 

What country? 

What do you mean by married? 

 

Is there a legal paper trail. 

[louisaelouise 6]

I

On 10/3/2022 at 3:19 AM, FrankEPatrick said:

I am confused? 

 

Is shifting to a K3 expected to speed anything up? 

 

What country? 

What do you mean by married? 

 

Is there a legal paper trail. 

I originally applied for a fiance visa. We waited about a year and my husband and I decided to get married (we have a marriage certificate and it is registered in the country we got married in). Once I returned back to America I filed an application for the marriage green card and sent in all the evidence including out marriage certificate. I also sent a letter saying that I am no longer engaged and that I am married. 

 

I expected my fiance visa application to be closed since my husband was no longer my fiance, but it was never closed. My fiance visa still remained open. I kept my eyes on it waiting to see when it would be closed. Finally UCSIS started to process the month I applied for the fiance visa last year and I was waiting to see what happened. I called UCSIS to let them know that my K1 was still open and they told me not to worry that once they got to my old   K1 they will  process it as a K3 since I am married now. I have no Idea if they did that or not. But the representative told me also  not to worry because I wouldn't loose all the time I previously waited (over a year with the previous K1). They were right about that. In the end, the fiance visa was finally closed and my I-130 was approved! So I think my old fiance visa ended up speeding up my I-130 process!! 

 

 

But you can't apply for a K3 visa unless you are actually married, and you have to show proof of marriage. So I think what happened is they got to my old fiance application, saw that I also had a I-130 application and looked at both. In the end they closed my fiance visa and approved my marriage visa. 

On 10/3/2022 at 12:15 AM, Ximena Anna said:

Wooohoo! Congratulations! So glad you called up the actual people processing your case and didn't get disheartened by the random people on here being negative!! Surely a tier 2 supervisor would have more "authority" than a random forum user.

THANK YOU!!!!! My husband and I are so excited!!!! Its been so long and we can't wait to be finally living together soon ❤️ 

Edited October 9, 2022 by louisaelouise

[FrankEPatrick 1]

Isn't it faster to let the K-1 stand and then just get married again in America at the court house? 

 

I am obviously out of date, but I considered both of these routes, and the K-1 was a bit faster back in 2016 then the K-3, once you are into it, isn't it just faster to wait out the K-1 experience? 

[milimelo 4,568]

2 hours ago, FrankEPatrick said:

Isn't it faster to let the K-1 stand and then just get married again in America at the court house? 

 

I am obviously out of date, but I considered both of these routes, and the K-1 was a bit faster back in 2016 then the K-3, once you are into it, isn't it just faster to wait out the K-1 experience? 

Married is married - no matter where the marriage took place. They couldn't continue with K-1 as that's for people to get married in the US. They did the right thing by filing I-130 after getting married. 

[FrankEPatrick 1]

2 hours ago, milimelo said:

Married is married - no matter where the marriage took place. They couldn't continue with K-1 as that's for people to get married in the US. They did the right thing by filing I-130 after getting married. 

when you are talking about legalities and foreign governments, it is more complicated then married is married because it comes down to whether the US govt will accept the marriage document. On the other hand, they come to the US and get married, then married is married is clear and with an apostille,  just about any first world country will accept married is married. 

 

the US has to accept the marriage document, which can be complicated in and of itself 

 

what the poster wants is to get the spouse into the US as fast as possible, enter on K-1 get married, its the same diff to the US govt as if you do a K-3 and bring them in that way. 

 

the switch to the K-3 may make the process take even longer, which nobody wants

 

 

 

 

[Boiler 46,165]

7 minutes ago, FrankEPatrick said:

when you are talking about legalities and foreign governments, it is more complicated then married is married because it comes down to whether the US govt will accept the marriage document. On the other hand, they come to the US and get married, then married is married is clear and with an apostille,  just about any first world country will accept married is married. 

 

the US has to accept the marriage document, which can be complicated in and of itself 

 

what the poster wants is to get the spouse into the US as fast as possible, enter on K-1 get married, its the same diff to the US govt as if you do a K-3 and bring them in that way. 

 

the switch to the K-3 may make the process take even longer, which nobody wants

There is information provided by the US Gov for every Country as to what document is valid for being Married.

 

Easy to look up.

 

And for the vast majority of people very clear.

 

K3's are not really a thing, handfull issued each year.

[louisaelouise 6]

12 hours ago, FrankEPatrick said:

Isn't it faster to let the K-1 stand and then just get married again in America at the court house? 

 

I am obviously out of date, but I considered both of these routes, and the K-1 was a bit faster back in 2016 then the K-3, once you are into it, isn't it just faster to wait out the K-1 experience? 

That was in the past but unfortunately the fiance visa takes just as long and if not longer than the I-130. We previously wanted to get married first but because of COVID lockdowns we couldn't meet up to do so. Once we were finally had the chance to get married we were already a year in the K1 process. We had a long discussion and ultimately decided that we rather him be able to work right away when he gets here and  be able to travel. So we decided to abandon the fiance visa and get married. We were expecting the marriage green card to take and additional year before it passes the USCIS stage, but it only took two month!  So 100% don;t regret our decision 

[louisaelouise 6]

8 hours ago, FrankEPatrick said:

when you are talking about legalities and foreign governments, it is more complicated then married is married because it comes down to whether the US govt will accept the marriage document. On the other hand, they come to the US and get married, then married is married is clear and with an apostille,  just about any first world country will accept married is married. 

 

the US has to accept the marriage document, which can be complicated in and of itself 

 

what the poster wants is to get the spouse into the US as fast as possible, enter on K-1 get married, its the same diff to the US govt as if you do a K-3 and bring them in that way. 

 

the switch to the K-3 may make the process take even longer, which nobody wants

 

 

 

 

No, my original post wasn't about getting him here faster. We just had a fiance visa that we abandon and it was bothering me that it was still "open". I called UCSIS and they told me not to worry about it. In the end our I-130 was approved as for now, they accepted our marriage certificate as valid!

 

Basically the representative told me that I didn't have to worry because they would switch my K1 to a K3 without me requesting because I am married and that it wouldn't cause me to waste the year I waited on the fiance visa. I honestly have no idea what they did, but it didn't matter because they approved my I-130 the same time as if they would have approved my fiance visa. 

Edited October 10, 2022 by louisaelouise