Possible to change a K-1 to a K-3 in midprocess?

[chess 1]

Me and my fiancè have a funny situation. He is Albanian but we live in Italy. I have already applied (6 months ago) for a K-1 fiancè visa for us to go to the U.S. Just recently the opportunity has come up for us to have residency papers in Italy. Our K-1 application has already had the first part approved and we are preparing documents to have the interview that will be held in Italy. I don't know which will come first but is it possible to change the K-1 into a K-3 visa where we could remain living in Italy but he have the K-3 multiple entry to U.S. visa? Or is it possible after having the K-1 approved, us go to the U.S. and marry there but then be able to receive somekind of multiple entry visa and not make the change from non-immigrant visa to immigrant? From what I understand, if we begin the process of applying for permanent residency in the U.S. he is not allow to leave the U.S. for long periods of time. Is that correct? Are there such things as exceptions like for job reasons that would allow us to live outside of the country? Just trying to figure our options before we have to chose between countries. Any info is appreciated. Our goal is just to have some place we can call home and build a family. Thanks

[mox 298]

is it possible to change the K-1 into a K-3 visa where we could remain living in Italy but he have the K-3 multiple entry to U.S. visa?

You cannot change a K-1 to a K-3 visa. You would have to start the process all over again.

Or is it possible after having the K-1 approved, us go to the U.S. and marry there but then be able to receive somekind of multiple entry visa and not make the change from non-immigrant visa to immigrant?

Not really sure what you're asking here. The K-1 is a non-immigrant visa. You adjust status once you've married in the U.S. If you leave the U.S. on a K-1 visa before you're married, you will almost certainly have to re-start the K-1 process all over again. I've heard of exceptions, but they are rare. I wouldn't depend on an exception being made.

From what I understand, if we begin the process of applying for permanent residency in the U.S. he is not allow to leave the U.S. for long periods of time. Is that correct? Are there such things as exceptions like for job reasons that would allow us to live outside of the country?

You can apply for advance parole. But you'll need to be married first, assuming you go the K-1 route.

Edited November 30, 2007 by mox

[Dakine 26]

If you establish residentcy there and marry you can do a CR/DCF if you still can prove domicile in the US.

Normally the fastest and a MUCH better visa.

[StoryAngel 4]

From what I understand, if we begin the process of applying for permanent residency in the U.S. he is not allow to leave the U.S. for long periods of time. Is that correct? Are there such things as exceptions like for job reasons that would allow us to live outside of the country?

You can apply for advance parole. But you'll need to be married first, assuming you go the K-1 route.

Advance parole enables you to leave the US on a visit, not to move abroad and live outside the US. If the OP wants to live in the US and just visit elsewhere that's fine. If the OP wants to live abroad, then establishing residency and filing DCF sounds like a much better option. Advance parole would not work in this second example.

[Minya's wife 25]

If you establish residentcy there and marry you can do a CR/DCF if you still can prove domicile in the US.

Normally the fastest and a MUCH better visa.

The OP is not anywhere near being able to have enough residency to be able to file DCF. If memory serves me correctly, for DCF to be an option residency of a few months, at least, is a pre-requisite.

But there may be something in what you're saying as in the case of the OP residing in Italy, the underlying I-130 application would be adjudicated locally at the Rome office, so some time may be saved....should they choose to withdraw the pending K-1 petition and wait to be able to go the DCF route.

-P

[BlueSurf 0]

Please dont consider a K3!