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From K1 to K3, is it possible?

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  • From K1 to K3, is it possible?

    Hi, we filed our I129f for a K1 last May but ended up deciding to get married. After we did, my attorney wrote a letter to ammend the I129f to make it a K3. From the very little knowledge I have about the subject, I think that it is not possible, but the funny thin is that we just recieved an RFE for the K1 requesting a copy of our marriage certificate. So, is it possible to convert the K1 to K3 or why would they request the certificate for?

  • #2
    Hi, we filed our I129f for a K1 last May but ended up deciding to get married. After we did, my attorney wrote a letter to ammend the I129f to make it a K3. From the very little knowledge I have about the subject, I think that it is not possible, but the funny thin is that we just recieved an RFE for the K1 requesting a copy of our marriage certificate. So, is it possible to convert the K1 to K3 or why would they request the certificate for?

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    • #3
      BCIS policy prohibits the change of an I-129F for K1 to an I-129F to K3. You have to withdraw the first petition and file a second petition. The RFE will be used to deny your fiancé-fiancé petition. If you are married, you are ineligible by definition. You can then file an I-130 and a spousal-fiancé petition.

      But, BCIS sometimes does weird things. If they do swap your petition, post the details.

      The Grand Poo-Bah
      Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

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