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Flavia

Filed an I129F for fiancee visa and then got married!

By Flavia in K-3 Spouse Visa Process & Procedures

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Flavia Contributor

Flavia   1

Posted
Filed: Citizen (apr) Timeline
Posted

My close friend is asking for advice. She and her American then fiancee filed an I-129F petition for alien fiancee. In a couple of weeks after that he went to Russia and they got married. What's the course of action now?

I understand they need to file I-130 now, but will it be faster now that they have already filed for a fiancee visa? What about K-3 - should they file it or not?

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Delicia Proficient

Delicia   1

Posted
Filed: AOS (apr) Country: Chile
 Timeline
Posted

They have to withdraw the I-129F and resubmit a I-130. They are basically starting over. As far as the CR-1 to K-3 debate, they both take about the same time to process through USCIS, the K-3 is a bit faster through the NVC and can also be a faster interview time line at the Embassy. The down side is the K-3 filers have to adjust status and get work authorization which takes more time and dollars after arrival in the U.S.

My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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happyinlove012408 Proficient

happyinlove012408   0

Posted
Filed: IR-1/CR-1 Visa Country: Ethiopia
 Timeline
Posted (edited)

It won't be faster. The k3 process is taking about the same time to process as I-130. They filed the K-1 Visa before they got married they will need to contact USCIS because their status has changed from fiance to married. It means that you would apply for a new I-130.

Edited by happyinlove012408

USCIS Journey

03/15/08 Sent I-130

03/17/08 I-130 received (USPS) (Priority Date)

06/28/08 Received NOA2 hardcopy: NO RFE FROM USCIS:101 days

NVC Journey

07/01/08 NVC case# assigned

08/14/08 CASE COMPLETE: NO RFE FROM NVC:44 days

09/15/08 Interview date assigned

Embassy Journey

10/01/08 Case at embassy

10/08/08 Document verification and got interviewed (Approved)

10/09/08 Pick up visa (original interview date)

10/18/08 P.O.E ~ Seattle

Removing Conditions

07/23/2010 Mail off I-751(USCIS received on 07/26 via usps)

07/26/2010 NOA1 date (notice received 8/2/2010)

07/28/2010 Check cashed

08/20/2010 Biometrics appt.(notice received 8/7/2010)

08/20,21,23 touched

10/22/2010 Approved NO RFE(2 months and 3 weeks from filing date)

Citizenship

10/7/11 N-400 Submitted

10/13/11 NOA date

10/20/11 appt letter sent for biometrics

11/9/11 Biometrics appt

11/11/11 Email of interview scheduling received

11/14/11 Interview scheduled and mail sent

11/21/11 Interview letter received

12/19/11 Interview date

12/19/11 passed interview and oath Finally a citizen(2 months 1 week and 5 days from sending N-400)

1heyejjs23.png

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pushbrk Grand Master

pushbrk   12,199

Posted
Filed: Other Country: China
 Timeline
Posted
It won't be faster. The k3 process is taking about the same time to process as I-130. They filed the K-1 Visa before they got married they will need to contact USCIS because their status has changed from fiance to married. It means that you would apply for a new I-130.

From filing to visa in hand, K3 is still definitely faster in most countries and far faster in some. The difference is after USCIS petition approval. Nevertheless, I would carefully consider not going the K3 route at this time.

The definite first step is to withdraw the I-129F because there is no longer an underlying fiance/fiancee relationship.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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