Changing from Fiance to spouse visa

[JenC22 3]

Hi,

 

We applied for I-129F Fiance visa in August last year so we are expecting our NOA2 in the next few weeks. We have concerns about whether we will get this as we are still living together in Australia and therefore we will have to prove my partner is still 'domiciled' in the US. We are thinking about accelerating our marriage and changing the visa to a spousal visa but will this require us to go back to the start and wait potentially another 6 months?

 

Thank you

[canadian_wife 1,791]

Sadly, there is no 'changing the visa'.  There is only cancelling the K1 visa and re-filing, with new fees and wait times,  for the spousal visa.

 

Good luck 

[JenC22 3]

 this is what I thought

 

If we got married but didn't change the visa type do you think it might help our application at all?

[SAlove18 61]

34 minutes ago, JenC22 said:

Hi,

 

We applied for I-129F Fiance visa in August last year so we are expecting our NOA2 in the next few weeks. We have concerns about whether we will get this as we are still living together in Australia and therefore we will have to prove my partner is still 'domiciled' in the US. We are thinking about accelerating our marriage and changing the visa to a spousal visa but will this require us to go back to the start and wait potentially another 6 months?

 

Thank you

Does your fiancé have any relatives he could say he lives with who could also write a letter verifying he lives there? 

[SAlove18 61]

3 minutes ago, JenC22 said:

 this is what I thought

 

If we got married but didn't change the visa type do you think it might help our application at all?

You also are NOT allowed to get married while waiting for your K1 visa

[ShanghaiSurfer 135]

One possible solution is for USA fiancé to move back before your interview. This way you will only be apart for a few weeks. I lived overseas for 13 years and applied for K1 while living overseas. I only moved back one month before interview on purpose as I had same concerns as you.

 

I gave my foreign fiancé several documents showing I was going to be domiciled. Never was an issue for us. Consulate officer did ask where I was and she told them I had just moved back. 

[Unlockable 7,306]

1 hour ago, JenC22 said:

 this is what I thought

 

If we got married but didn't change the visa type do you think it might help our application at all?

If you got married and still with through the K1 process, it will open up a world of trouble. You would be basically lying to the government that you are single. Your K1 case would get denied and your fiance would be faced with a permanent ban from the US for misrepresentation.

[Kabita acharya 5]

1 hour ago, canadian_wife said:

Sadly, there is no 'changing the visa'.  There is only cancelling the K1 visa and re-filing, with new fees and wait times,  for the spousal visa.

 

Good luck 

 

1 hour ago, canadian_wife said:

Sadly, there is no 'changing the visa'.  There is only cancelling the K1 visa and re-filing, with new fees and wait times,  for the spousal visa.

 

Good luck 

Cancelling or withdrawing? What does the online status says after withdrew the status when we check it with the case number?

[Naes 12,205]

29 minutes ago, Kabita acharya said:

 

Cancelling or withdrawing? What does the online status says after withdrew the status when we check it with the case number?

"Withdrawal acknowledgment notice was sent"

[mcfarljw 36]

1 hour ago, JenC22 said:

 this is what I thought

 

If we got married but didn't change the visa type do you think it might help our application at all?

No, the rules of the K1 fiance visa dictate that you can't be married (or rather be free to marry). Your case would be denied as ineligible for the visa applied for and you'd have to start again with the marriage visa anyways.

Edited February 21, 2018 by mcfarljw

[Kabita acharya 5]

34 minutes ago, Naes said:

"Withdrawal acknowledgment notice was sent"

 

25 minutes ago, mcfarljw said:

No, the rules of the K1 fiance visa dictate that you can't be married (or rather be free to marry). Your case would be denied as ineligible for the visa applied for and you'd have to start again with the marriage visa anyways.

 

35 minutes ago, Naes said:

"Withdrawal acknowledgment notice was sent"

To whom?

[Kabita acharya 5]

2 minutes ago, Kabita acharya said:

 

 

To whom? Oh you talkinh about yhe status they will update like this ..... Iam sorry 😂😂😂😂😂

 

2 minutes ago, Kabita acharya said:

 

 

To whom?

 

37 minutes ago, Naes said:

"Withdrawal acknowledgment notice was sent"

 

[FernandLevi 36]

4 hours ago, JenC22 said:

Hi,

 

We applied for I-129F Fiance visa in August last year so we are expecting our NOA2 in the next few weeks. We have concerns about whether we will get this as we are still living together in Australia and therefore we will have to prove my partner is still 'domiciled' in the US. We are thinking about accelerating our marriage and changing the visa to a spousal visa but will this require us to go back to the start and wait potentially another 6 months?

 

Thank you

Call USCIS I believe you can get married and switch over to a K3 visa. 

[Illiria 980]

3 hours ago, JenC22 said:

 this is what I thought

 

If we got married but didn't change the visa type do you think it might help our application at all?

If you got married but still tried to get a fiancé visa then that is fraud and could get your now fiancé then spouse banned for misrepresentation. 

 

3 hours ago, SAlove18 said:

Does your fiancé have any relatives he could say he lives with who could also write a letter verifying he lives there? 

He is currently living there or that he intends to live there, two different things one of which isn’t true and it is never good to lie on these things.

 

8 minutes ago, FernandLevi said:

Call USCIS I believe you can get married and switch over to a K3 visa. 

 Nope because the k3 needs an underlying 130 as well, that would have had to have been submitted before or at the same time as the 129 

 

Oh and the USCIS phone line is well known on here as the misinformation line 🤣 so take their info with a grain of salt especially if it is from the first person you speak to and they don’t pass you on to a tier two representative.

Edited February 21, 2018 by Illiria
Misinformation line and removing early morning crankiness from tone, apologies

[FernandLevi 36]

Just now, Illiria said:

If you got married but still tried to get a fiancé visa then that is fraud and could get your now fiancé then spouse banned for misrepresentation. 

 

So your saying the should say he is currently living there or that he intends to live there, two different things one of which isn’t true and it is ever good to lie on these things. 

 

 Nope because the k3 needs an underlying 130 as well, that would have had to have been submitted before or at the same time as the 129 

I someone else submitted a K1, got married called USCIS and sent in a I130 to change it to K3. I would call USCIS and ask about that. That's all I am saying. Good luck