Changing from Fiance to spouse visa

[Illiria 980]

5 minutes ago, FernandLevi said:

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

https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

 

This says nope. Also all of the info on the 129 would need to be updated and seeing as they have issues updating people’s addresses properly.....

Edited February 21, 2018 by Illiria

[Jaquelly 1,647]

40 minutes ago, Illiria said:

https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

 

This says nope. Also all of the info on the 129 would need to be updated and seeing as they have issues updating people’s addresses properly.....

Someone DID say that they got married on the K1 and was instructed by USCIS to send them K3 paperwork. Take it with a grain of salt, though, because it is the misinformation line, and the person had no idea that they weren't allowed to get married on the K1. 

 

Sigh.

[TNJ17 1,329]

4 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?

Are you seriously asking that question? If you get married, you are no longer free to marry and thus get a fiancée visa. Some people just don’t use brains, I swear. If you wanna get married, go for it. But you’re gonna have to cancel your K1. If you get married and proceed with your K1, you’ll get a big fat denial and will have wasted all that time and money. If you cancel your K1 now, you will have also wasted all that time and money. Because like others have said you can’t just switch to another type of visa. You need to cancel and start over from the very beginning. There is no cutting in line, no nothing. A spousal visa is gonna set your journey to the States way behind. It takes about 12-14 months from the date of filing, not marriage. You have maybe 4 months left to finish your K1. Just do the math. 4 is better than 14.

[mlh 93]

You still have to show domicile for K-1 or CR-1, so not sure what difference the change would make.  He would still have to go back before you to establish, married or not.

[geowrian 22,335]

3 hours ago, FernandLevi said:

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

3 hours ago, FernandLevi said:

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

I can't speak for what you heard, but changing from a K-1 to K-3 is not possible without withdrawing the existing I-129F and then filing an I-130 then a new I-129F for a K-3.

It would also mean starting the process over...there's simply no way to "switch" to another type...as noted, the I-129F for a K-3 is dependent upon a pending I-130. No I-130 = no valid I-129F for a K-3.

Plus K-3s are almost never issued anymore anyway. They're a relic from back when the CR-1/IR-1 path was taking 2-3+ years.

 

@OP

The petitioner needs to show US domicile - or sufficient intent to establish US domicile - for both visa types. There's no need to stop the K-1 process now and marry and do a CR-1. The petitioner can return to the US beforehand to establish US domicile, or they can attempt to show sufficient intent to have US domicile.

[db2016 100]

I was someone who applied for the K1 for my fiance in Decemeber 2016, we waited a year with no luck after being put in AP and had to withdraw and got married and reapplied for the CR-1. You cant switch. Must withdraw and reapply. 

[dentsflogged 352]

14 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?

You're applying for a fiancee visa.

And you're suggesting that you get married.  

 

What about being married while waiting for a fiancee visa would help it?

[JenC22 3]

1 hour ago, dentsflogged said:

You're applying for a fiancee visa.

And you're suggesting that you get married.  

 

What about being married while waiting for a fiancee visa would help it?

Wow that is a very cheeky response - I don't think you should be commenting on anyone's posts if that is your attitude. We are all going through the stress of this visa process and trying to find a solution to be with the ones we love so perhaps either stay out of it or be nicer!

[JenC22 3]

16 hours ago, ShanghaiSurfer said:

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. 

Thanks for your help, I guess this is what we might need to do. I appreciate your advice and experience with this.

[Naes 12,205]

12 hours ago, Jaquelly said:

Someone DID say that they got married on the K1 and was instructed by USCIS to send them K3 paperwork. Take it with a grain of salt, though, because it is the misinformation line, and the person had no idea that they weren't allowed to get married on the K1. 

 

Sigh.

Are we sure they really did it? Because that case also sounded like in a panic they just wrote that on the forum but no real information behind it? 

 

To me it sounded like, s*** people are talking about it now, we should hide it...

[Naes 12,205]

3 minutes ago, JenC22 said:

Wow that is a very cheeky response - I don't think you should be commenting on anyone's posts if that is your attitude. We are all going through the stress of this visa process and trying to find a solution to be with the ones we love so perhaps either stay out of it or be nicer!

That was the most explanatory response..

 

this is a public forum and the commentor was not rude.

 

one of the first and foremost important part of k1 is to go to US and get married in the US. And yes it is a fiancé visa. So at the time of getting it you should be a fiancé not a wife/husband.

 

so no to that one "marriage won't help with the fiancé visa" it is one of the most heard denial reasons though

Edited February 22, 2018 by Naes

[JenC22 3]

1 hour ago, Naes said:

That was the most explanatory response..

 

this is a public forum and the commentor was not rude.

 

one of the first and foremost important part of k1 is to go to US and get married in the US. And yes it is a fiancé visa. So at the time of getting it you should be a fiancé not a wife/husband.

 

so no to that one "marriage won't help with the fiancé visa" it is one of the most heard denial reasons though

The comment was rude. I apologise if people thought it was a dumb question that I asked but I had thought this was a 'safe' forum to ask such questions.

[Naes 12,205]

11 minutes ago, JenC22 said:

The comment was rude. I apologise if people thought it was a dumb question that I asked but I had thought this was a 'safe' forum to ask such questions.

It is a safe forum to ask.

 

it was a dumb question to ask. 

 

Just for clarification: question to ask if it is possible to change a visa, is a question.

 

asking if getting married would help k1 fiancé visa is the one caused you to get a "cheeky" response, because it was a question that invites all the sarcasm in the world, was.

Edited February 22, 2018 by Naes

[dentsflogged 352]

1 hour ago, Naes said:

It is a safe forum to ask.

 

it was a dumb question to ask. 

 

Just for clarification: question to ask if it is possible to change a visa, is a question.

 

asking if getting married would help k1 fiancé visa is the one caused you to get a "cheeky" response, because it was a question that invites all the sarcasm in the world, was.

I wasn't even being cheeky or trying to be sarcastic, it's a legitimate question I was asking of the OP. 

Like I can understand people asking very specific questions like "how do we answer this one question on the petition" and "I'm not sure what this means" but asking a question which indicates that someone wants to do the exact opposite of the intent of the visa they're applying for makes me go "huh"? and question if they actually know anything about visa they're petitioning/applying for, and it's conditions, restrictions, commitments and legal requirements from both parties if it's granted.

Edited February 22, 2018 by dentsflogged

[ShanghaiSurfer 135]

13 hours ago, JenC22 said:

Thanks for your help, I guess this is what we might need to do. I appreciate your advice and experience with this.

You’re welcome.

 

Just to give you an idea of documents we provided in case they asked about domicile: letter from Mom saying I was living with her while looking for an apartment, USA drivers license, USA bank accounts, USA credit cards with address, an account with apartments search, moving company correspondence about move date, car insurance, car lease, etc.