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i was wondering...

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Say you initially decided to file for a fiance visa. In the middle of the whole k1 visa process, you and your fiance decide to just get married in their country instead. What happens if you'd like to file for a spousal visa instead of a fiance one? Is it a whole new process or do you just turn in other requirements (like your marriage certificate , other forms, etcetc.) that werent in the packet when you filed for a fiance visa?

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You need to cancel the K1 petition and start all over again with a K3 petition so you may want to consider this carefully.


K1 Visa Process long ago and far away...

02/09/06 - NOA1 date

12/17/06 - Married!

AOS Process a fading memory...

01/31/07 - Mailed AOS/EAD package for Olga and Anya

06/01/07 - Green card arrived in mail

Removing Conditions

03/02/09 - Mailed I-751 package (CSC)

03/06/09 - Check cashed

03/10/09 - Recieved Olga's NOA1

03/28/09 - Olga did biometrics

05/11/09 - Anya recieved NOA1 (took a call to USCIS to take care of it, oddly, they were helpful)

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Hiya livewire. Right, what country did you get married in? It will be a whole new process, and you have to notify the USCIS office that you originally filed with, the change of plans. Also, it is my understanding that the foreign spouse will not be able to live in the US until approved for the K-3 visa. So in other words, you are in the same boat as the rest of us I am afraid unless like you are like myself where you can stay with your spouse in his or her own country until the K-3 is approved. If you try and stay in the States, it will be much harder for you I believe. I am sure that someone with more knowledge on this sort of thing will respond soon enough. But I do know that I am correct in saying that the foreign spouse will not be able to stay in the States once the K-3 application has been filed. Hope that helps somewhat.

Laura and Ian Mitchell


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By marrying in her country, you'll mostly making your waiting much longer, since you really would have to cancel the K-1 visa process and start a K-3. Unless you can live in her country with her, I don't really think it worths to wait even more...hehe

I'll get married in the USA but, as soon as we have enough money, we plan on coming back to Brazil to have a nice party in here for all the family! :dance:


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AMERIZILIANS ALL THE WAY!!! :P

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--> Jan 27th, 2006 - Sent the petition to Nebraska SC.

--> Jan 31st, 2006 - 1st NOA received by mail.

--> April 20th, 2006 - 2nd NOA in snail mail!

--> May 5th, 2006 - NVC received and left

--> May 24th, 2006 - Pack. 3 received and left (never received package 4, so the Embassy sent me its content by e-mail)

--> June 26th, 2006 - Medical in São Paulo (Dr. Celso Rodrigues Fava)

--> July 11th - Interview APPROVED!! :D

--> July 13th - Visa in hand

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--> Nov 28th, 2006 - RFE received

--> Jan, 8th, 2007 - RFE sent

--> Jan, 30th, 2007 - EAD card received

--> Mar, 13th, 2007 - Interview - Pending Security Checks

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I agree with the others. You will be making the process much longer by starting over.

We decided to get married here in US (which means less time apart) and than travel to Brazil to celebrate with her family and friends once we can travel.

Good luck with whatever decision you make.


K-1 Journey*

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02-01-06 I-129F Sent to VSC

04-26-06 Interview APPROVED!!!!!!!

05-18-06 Eliana arrived in New York

07-22-06 Married in Las Vegas!!!!!

AOS/AP Journey*

07-25-06 I-485 and I-131 Sent to Chicago

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10-06-06 AP Approved

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10-20-06 Green Card Received!! Done until July 2008

01-27-07 Second Wedding (in Brazil)

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sukie, Craig, Priscila and Christopher,

That's one consideration, but sometimes it's not the most important consideration.

Yodrak

Stick with the K1 or you will be apart much longer :thumbs:

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Say you initially decided to file for a fiance visa. In the middle of the whole k1 visa process, you and your fiance decide to just get married in their country instead. What happens if you'd like to file for a spousal visa instead of a fiance one? Is it a whole new process or do you just turn in other requirements (like your marriage certificate , other forms, etcetc.) that werent in the packet when you filed for a fiance visa?

You start over. The initial petition is an I-130. Sometimes this can be filed abroad. Share the country and someone might know if that is possible (it's usually much faster than any of the processes).

A K-3 visa is not your only choice as a married person and you would not start over with a K-3 petition..


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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In the middle of the whole k1 visa process, you and your fiance decide to just get married in their country instead.

Where is your timeline here. What does "In the middle of the...process,..." mean. Months, weeks?

If it is truly in the middle of the process, don't get married yet and stick with the K1. Not only will you start all over again, but it is my understanding that the K3 process takes longer than the K1.


Phil and Joy

Our Journey:

08-24-2003 Met my Beloved Joy

11-26-2005 Cebu City to visit my Beloved Joy

12-26-2005 Left Cebu City

02-06-2006 Sent I-129f to TSC

02-08-2006 I-129f arrives, not picked up

02-09-2006 I-129f picked up by TSC

02-15-2006 I-797C, NOA1 Notice Date from CSC

02-17-2006 Money Order for I-129f fee cashed

02-21-2006 Joy gets NBI Clearance. NOA1 in mail

03-16-2006 Joy gets CFO cert.

05-09-2006 Approved. NOA2 dated May 8, 2006

05-13-2006 Official NOA2 in mail

05-22-2006 NVC sent petition to Manila

09-25-2006 Interview APPROVED!!!!!

12-31-2006 Joy arrives home

01-25-2007 Married

03-29-2007 AOS packet sent

06-19-2007 Joy's GC production ordered

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Not only will you start all over again, but it is my understanding that the K3 process takes longer than the K1.

Not necessarily so eg CSC is processing I-129F petitions for fiancee dated Feb 3.....NBC is processing I-129F petitions for spouse dated Feb 21. It depends on a few things including the service centers and embassy/consulate one will interview (how long the wait is). The I-129F for spouse is processed the same as for I-129F spouse.....the only difference is one is processed at a service center...the other is at NBC (national benefits center, formally missouri service center).


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An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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Say you initially decided to file for a fiance visa. In the middle of the whole k1 visa process, you and your fiance decide to just get married in their country instead. What happens if you'd like to file for a spousal visa instead of a fiance one? Is it a whole new process or do you just turn in other requirements (like your marriage certificate , other forms, etcetc.) that werent in the packet when you filed for a fiance visa?

You start over. The initial petition is an I-130. Sometimes this can be filed abroad. Share the country and someone might know if that is possible (it's usually much faster than any of the processes).

A K-3 visa is not your only choice as a married person and you would not start over with a K-3 petition..

Wow, I didn't know that the country mattered. Philippines.

:P

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In the middle of the whole k1 visa process, you and your fiance decide to just get married in their country instead.

Where is your timeline here. What does "In the middle of the...process,..." mean. Months, weeks?

If it is truly in the middle of the process, don't get married yet and stick with the K1. Not only will you start all over again, but it is my understanding that the K3 process takes longer than the K1.

Nah, this is just a what if... kind of things. We haven't gotten married yet. Because of his schedule and all he cant come visit me in the Philippines (anytime soon too it seems) so we can get married. I'm not sure exactly when he can, and we're still considering which option to go for (fiance or spousal visa).

In the middle of the process = I guess it can be um, 1-3 months after you've submitted all paperwork to the USCIS.

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Say you initially decided to file for a fiance visa. In the middle of the whole k1 visa process, you and your fiance decide to just get married in their country instead. What happens if you'd like to file for a spousal visa instead of a fiance one? Is it a whole new process or do you just turn in other requirements (like your marriage certificate , other forms, etcetc.) that werent in the packet when you filed for a fiance visa?

You start over. The initial petition is an I-130. Sometimes this can be filed abroad. Share the country and someone might know if that is possible (it's usually much faster than any of the processes).

A K-3 visa is not your only choice as a married person and you would not start over with a K-3 petition..

Wow, I didn't know that the country mattered. Philippines.

:P

Yes, for the process I was thnking of, country does matter. And, Philippines makes that a no-go---to file locally the USC must be resident in the PI & it sounds like yours isn't.

It's tough. There are no fast cases through Manila---fiance or spouse. When it comes to marriage, I usually default to 'what is most important to that couple & their families'. Marry when and how you would most prefer and deal with the immigration consequences. :)


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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