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  • Changing from K1 to K3 visa

    All,

    I have a question. I just learned of the K3 visa - giving you the ability to shortcut the normal spousal visa process. I have a question bout this, as I think I could use this in my current situation. I have filed the K1 visa through the Texas Center, and I'm still waiting for a receipt. I know it's in the system as they did cash in my money order. My question is this. If, when my fiance comes to visit in Sept, we get married, can I then file this K3 visa petition to the Chicago office? If yes, then what is the procedure to follow once he and I get married? At this point, TSC says at least 6 months, not to mention how long it will take to process at the NVC and in the London Embassy. So we are estimating around possibly 8-10 months. We would like to be together much sooner than that. Would filing this K3 visa speed anything up? Any advice would be greatly appreciated!

    I hope the answer is yes, because we are sooo sick of being separated!

  • #2
    All,

    I have a question. I just learned of the K3 visa - giving you the ability to shortcut the normal spousal visa process. I have a question bout this, as I think I could use this in my current situation. I have filed the K1 visa through the Texas Center, and I'm still waiting for a receipt. I know it's in the system as they did cash in my money order. My question is this. If, when my fiance comes to visit in Sept, we get married, can I then file this K3 visa petition to the Chicago office? If yes, then what is the procedure to follow once he and I get married? At this point, TSC says at least 6 months, not to mention how long it will take to process at the NVC and in the London Embassy. So we are estimating around possibly 8-10 months. We would like to be together much sooner than that. Would filing this K3 visa speed anything up? Any advice would be greatly appreciated!

    I hope the answer is yes, because we are sooo sick of being separated!

    Comment


    • #3
      I think the k-3 visa is for someone who marries a USC in their country of residence. There are other things that have to be done if you marry him while he is in US. Someone else will have to answer that...but I think they'll want to know what kind of visa he entered the US with.

      Comment


      • #4
        K-1 For a fiancée of a US citizen.

        Qualifications: You are not yet married, but have met each other in person within the last two years (waiver available).
        Application: The USC files an I-129F petition with the BCIS Service Center with jurisdiction over their residence.
        Adjudication: Upon approval of the petition, BCIS forwards the case to the State Department's National Visa Center. The NVC send the case to the US Embassy (Consulate General) where the fiancée is interviewed and given a visa.
        Results: The fiancée gets a visa valid for four months. This is when travel and wedding plans should be made. Not before. The fiancée comes to the US and has 90 days to marry the US citizen who filed the I-129F petition. After the wedding, the fiancée (now spouse) can file for adjustment of status (green card).

        K-3 For spouse of a US citizen.

        Qualifications: You are already married with a pending immigrant petition (I-130, Petition for Alien Relative). The spouse is outside of the US.
        Application: The US citizen files an I-129F petition at the special address in Chicago. Same petition as fiancée, but different location. A copy of the I-797 notice of action for receipt of the I-130 is submitted along with the I-129F.
        Adjudication: The BCIS National Benefits Center sends the approved petition to the NVC who sends it to the US Embassy who does the interview then issues the visa.
        Results: The spouse gets a visa to come to the US and can file for adjustment of status.

        K-1 and K-3 though they have similarities, are very different. If you have been waiting for a fiancée, then go and get married, the I-129F is terminated. It does not transfer over to a K-3. You have to start at step one filing an I-130 and then wait to file a new I-129F.

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

        Comment


        • #5
          Chief, I realize the differences between the two visas,and I realize that if we get married, the K1 visa is null & void. However, it was brought to my attention that if we went the K3 route with the ability to use the Missouri Service Center, that this could potentially be faster than the K1 visa. I'm just trying to verify if this is true or not. Has anyone out there done this? Formally, I was under the impression that a K3 visa would take just about forever, but I wonder with this available "shortcut," if it will make a diff.

          Comment


          • #6
            The k-3 APPEARS to be a quicker process but there is more shuffling of paperwork so it's hard to be sure. You can look at link to the left for processing times and I-129f at Missouri is much faster but that is not the entire process (this is decision that my fiance' and I have been struggling with). But it is for a visa to enter the country. You still need someone to answer with what process would be if he is already IN the country. What type of visa is he going to use to enter the country in Sept.? Hopefully Mohan or someone will see this...

            Comment


            • #7
              "My question is this. If, when my fiance comes to visit in Sept, we get married, can I then file this K3 visa petition to the Chicago office?"

              The K-3 visa is only for a spouse outside of the US. You would not file for a K-3 if your fiancé comes here. You can marry and file for adjustment of status if your spouse stays in the US. Look at AOS on the other posts. If your fiancé comes to the US, marries you, and then goes home, you could file an I-130 then I-129F for a K-3 to bring your spouse back again.

              "If yes, then what is the procedure to follow once he and I get married?"

              Get married. Send your spouse home. File an I-130. Get the receipt. File an I-129F. Wait. Spouse gets interview. Spouse comes back to US. Wait for the approved I-130 then file for AOS or withdraw I-130 still sitting at the Service Center and file a new I-130 (with fee) along with AOS. Wait. Spouse gets green card.

              Please be aware that your fiancé may have trouble visiting you here in the US in September. BCBP will deny entry to any immigrant without the proper visa. This applies to fiancés who have not received their K-1 visa yet.

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

              Comment


              • #8
                sunny = still learning = Lord Chief Justice, Master of the Buckho

                sorry...

                Comment


                • #9
                  Hello everyone....I have been told by several lawyers that if you try and enter the States with a Tourist VISA with an I 129 F still pending you could missrepresent yourself and either face jail and/or deportation. The other solution is that the fiancee could come to your place of resident outside the us and there get married.... I have sent my paper work to the Nebraska office on March 10th, received the receipt on March 12th but SILENCE since....very very frustrating!!!!!

                  Comment


                  • #10
                    I wish I knew as much as the Lord Chief whateverie.... but MY fiance' is in Canada :-)

                    Comment


                    • #11
                      He'd be coming in from the UK on the Visa Waiver Program. I know it's possible they may not let him in, but I don't think it will much of a problem - unless he confesses that he's here to visit his fiancee and that a visa has arleady been filed. Hopefully they won't ask this.

                      And I called BCIS last night to get more info on the K3 visa, and we're sticking with the K1 - it gets him his GC and SSN much quicker, & less hassle and paperwork to fill out. Still learning I might be, but how else will I learn except by asking questions, eh?

                      Comment


                      • #12
                        menarchus- no

                        TOTTI- misrepresentation could equal not being admitted to the US or denial of future benefits. It does not earn you a jail sentence. Also DHS has to have evidence that you committed misrepresentation (or worse, made false testimony). Example- you claim entry as a tourist, but have a job application or your wedding invitations in you possession. That is very different from entering as a tourist to visit with the intention of staying in the US temporarily and returning to your country of origin, and then deciding, "Hey I'm already here in the US, let's go to the justice of the peace, get married, and file for AOS." If you are not used to bending the laws, it is best to follow all of them. Sorry- you have a few more months to wait with Nebraska.

                        Still Learning- Canadians can bend the rules more easily than anyone else...unless they are unlucky.

                        sunny- sounds like you are on track.

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

                        Comment


                        • #13
                          Mr Grand Poo-Bah,
                          What's your opinion on this then... Fiance' is in Canada, we've about decided on k-3 instead of k-1 but whatever we do we need to do soon. Things seem to be heating up there. If there is any possibility of a problem would you recommend k3 instead of k1?

                          Comment


                          • #14
                            Still Learning,

                            Here's what I found out about the K3 by calling BCIS yesterday. Apparently, this "shortcut method" could be a bit quicker than the K1, BUT it creates more paperwork. Here's the timeline as I was basically told:
                            1) Get married
                            2) Wait for marriage certificate from County Clerks Office
                            3) Send in I-130 (w/certificate) to
                            Service Center - this can take 30-60
                            days to receive Notice of Receipt
                            4) Send in I-129f docs to special Chicago
                            (or it could be Missouri Serv Center?)-
                            this can 3 months or so for approval
                            5) Approved I-129f sent to NVC then to
                            foreign Embassy - don't know how long
                            this would take (1 mo? 3mo?)
                            6) Fiance arrives in US, and then you have
                            to wait for the I-130 approval which I
                            was told could take around 26 months or
                            so
                            7) After approval of I-130, can apply for
                            A.O.S. - another 6-8 months probably.
                            8) After A.O.S. he'll get his conditional
                            GC in the mail several months later.

                            With the K1, though the initial wait is a few months longer, the foreign fiance(e) can enter the country, you get married, and you can immediately file A.O.S. and get the conditional GC in a much quicker time period than the K3.

                            This is how I understood it from the BCIS helpline - hopefully I'm not mis-interpreting it. If I am, someone correct me!

                            Hope this helps!

                            Comment


                            • #15
                              Reading between the lines

                              The K visas are for those that can not get into the US by any other means. You know, Philippines, Africans, Russians... It is also for those that can (waiver countries), but have gotten tagged by BCBP as immigrants before they get here.

                              Canadians can come and go easier than mosquitoes through a broken screen door. Unless your fiancé isn't Canadian, but a landed immigrant, they need visas.

                              The only time I would recommend marrying before your sweet-heart tries to come to the US is if you know he is inadmissible and a waiver is available for immediate relatives.

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

                              Comment

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