:help: Changing a K1 to a K3

[soulknight 0]

I went to see Sylvia who was my Fiancée at the time but now my wife this past January. Due to pressure Sylvia was receiving from her family about our relationship we got married on January 03, 2009. I would like to know if anyone has ever changed their K1-Visa application to a K3- Visa and if so, what we need to do.

Is it possible to update our status and continue with the process the Vermont Office has already started and if so what more do I need to do. Can this be done without forfeiting the $455 filing fee I already paid? If we must begin a whole new visa will we be able to use the original I-130, I-129F and G-325A forms we initially filed for the K-1 visa? If I must file a new I129, will her alien registration number remain the same? Finally, If I must file a new I-129, will her alien registration number remain the same?

I realize now this was not the wisest decision especially when I received notice that the I-129 was approved today. Now I am going into damage control mode to try and fix this. I drafted a more detailed letter to send to the Vermont Service Office along with our original and translated marriage certificates hoping they will simply update our status and continue with everything. I think the worst they can do is say no and make us file again.

Any thoughts or advice would be greatly appreciated.

[DanielParul 50]

K1 cannot be changed to K3. You will need to cancel your petition by writing a letter and stating you no longer need the K1 since you both are married and will be filing for a spouse visa.

Then you will file a new petition for her (I-130) or K3 and will have to pay the fees again. Basically start from the scratch.

Congratulations on your marriage and all the best!

[Dakine 26]

I went to see Sylvia who was my Fiancée at the time but now my wife this past January. Due to pressure Sylvia was receiving from her family about our relationship we got married on January 03, 2009. I would like to know if anyone has ever changed their K1-Visa application to a K3- Visa and if so, what we need to do.

Is it possible to update our status and continue with the process the Vermont Office has already started and if so what more do I need to do. Can this be done without forfeiting the $455 filing fee I already paid? If we must begin a whole new visa will we be able to use the original I-130, I-129F and G-325A forms we initially filed for the K-1 visa? If I must file a new I129, will her alien registration number remain the same? Finally, If I must file a new I-129, will her alien registration number remain the same?

I realize now this was not the wisest decision especially when I received notice that the I-129 was approved today. Now I am going into damage control mode to try and fix this. I drafted a more detailed letter to send to the Vermont Service Office along with our original and translated marriage certificates hoping they will simply update our status and continue with everything. I think the worst they can do is say no and make us file again.

Any thoughts or advice would be greatly appreciated.

May be a good idea to make a Infopass appointment.

Don't understand why you would have already filed a I-130 for a K1?

[soulknight 0]

I kind of figured we would have to start from scratch. I was not happy with the lawyer I hired at all and this time I am going to try to do it myself. I must admit I am a little afraid to do this. We'll see how it turns out.

[YuAndDan 153]

Since you have gon this long, you may consider just filing an I-130 for a CR-1 visa.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.

[soulknight 0]

Since you have gon this long, you may consider just filing an I-130 for a CR-1 visa.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.

Thanks, I'll look into the CR-1.

[soulknight 0]

Now I am really confused!!!

The consular in Madagascar called my wife in for an appointment. As was already discussed they told her they received her K-1 application but could not approve it because of our marriage. "No Problem." They gave her a new check list of things we need to do for her visa which goes as follows (summarized):

First Complete DS-156

Second

1. Obtain her passport (already done)

2. Medical Exam (In progress)

3. Complete DS-230

4. Translate her birth certificate (already done)

5. Obtain divorce papers (already done)

6. Obtain her police record (in progress)

7. N/A (refers to her police record which is clean)

8. Passport Photos (already done)

9. N/A (DS-156 for children)

10. I-134 (already done)

11. Consular's filing fee.

12. Evidence of ongoing relationship (We have plenty)

Here is where I have some questions.

The DS-156 is a Nonimmigrant Fiance(e) Visa Application. The DS-230 is a Application for Immigrant Visa and Alien Registration. The 2 seem contradictory to each other especially when the DS-156 is for a Fiance(e). Why would I need to do both?

There is no mention of a K-3, CR-1 or 2 or any of the documents that would be required for any of those visa applications. Do I still need to complete a K-3 or CR visa package or does this DS-230 supersede those?

I was going to submit the K-3 Package next week (now that I have all of the necessary paper work) but now I am not sure what to do. Someone please help!!!

[soulknight 0]

The Saga Continues.

I have been very busy assembling everything for the I-130. Mail between her country and the US has been exceptionally slow since the president was over thrown. Now as I am getting ready to take care of this I received this email today.

The last processing action taken on your case

Receipt Number: EAC**********

Application Type: I129F , PETITION FOR FIANCE(E)

Current Status: This case has been received from the State Department with a request we review it.

On June 15, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

When I called to ask about this I was told I should wait 90 days to receive an answer before I continue with the I-130. They would not tell me if they are considering approving her I-129F again or what. I am very confused and not sure what is going on. Here's what I'm thinking...

1) I wait for 90 days, they approve her first visa that was submitted and every is gravy.

2) I continue on with the I-130. They approve her original visa I submitted and I am out the $355 for the I-130 plus the fee for the I-129 I already submitted.

3) I wait; they decide not to approve her original visa so I must still submit the I-130 and wait another 5 - 6 months after waiting 90 days for the answer.

That is my dilemma now. Has anyone gone through this before? I just want to know what is really happening.

[imaisha 0]

They definitely will not approve the K-1 visa and the fact that they sent her a new checklist (which is really just the K-1 checklist) that did not ask for the marriage certificate means they're not really aware that you're married. They must have misunderstood something in there. Seems like once they figured out that you were married they had to send it back to USCIS who will eventually deny the petition.

I'm almost positive you'll have to reapply. Whether or not you can do it now I'm not sure.

Edited July 20, 2009 by imaisha