Changing from K1 to K3

[Odds_On 0]

I have a few questions regarding cancelling a K1 and filing a K3 in its place. Here is a little background on the situation.

We originally filed a K1 and got all the way to the date being set for the interview. At the very same time we got the date set for the interview my fiance' (at the time) had her father pass away (over Christmas 2007). As a result of this she wanted to spend some time with family and then decided she wanted to get married in Philippines so her mother could be present at the wedding. So we canceled the interview and got married on May 6, 2008 in Manila. We are ready to file the K3 now and here are my quetions:

1. What is the best way to make sure the K1 is completely canceled? I spoke with the embassy in Manila and they still had it on file and said that it would automatically be canceled once the marriage took place. Do I need to send them a copy of the marriage certificate?

2. On the form for the K3; Section D #2; "Have you ever before filed a petition for this or any other alien?" How do I address this? I am presuming that I need to state the previous K1 and indicate that I canceled it due to the reason above. Is this correct? Any idea how this will effect my filing?

Thanks so much for your feedback. This site is a great resource and you all have helped me answer many of my questions through the forum and guides.

David O

[brnidokiegurl 1]

i did same kinda, i sent Casa email telling them we married, BUT mine was returned and sitting at calif and expired so little different, others had said once married it would cancel the other one anyway and yes we marked we had prev filed... no problems yet other than u have to wait again about another year...

[payxibka 10,048]

I have a few questions regarding cancelling a K1 and filing a K3 in its place. Here is a little background on the situation.

We originally filed a K1 and got all the way to the date being set for the interview. At the very same time we got the date set for the interview my fiance' (at the time) had her father pass away (over Christmas 2007). As a result of this she wanted to spend some time with family and then decided she wanted to get married in Philippines so her mother could be present at the wedding. So we canceled the interview and got married on May 6, 2008 in Manila. We are ready to file the K3 now and here are my quetions:

1. What is the best way to make sure the K1 is completely canceled? I spoke with the embassy in Manila and they still had it on file and said that it would automatically be canceled once the marriage took place. Do I need to send them a copy of the marriage certificate?

2. On the form for the K3; Section D #2; "Have you ever before filed a petition for this or any other alien?" How do I address this? I am presuming that I need to state the previous K1 and indicate that I canceled it due to the reason above. Is this correct? Any idea how this will effect my filing?

Thanks so much for your feedback. This site is a great resource and you all have helped me answer many of my questions through the forum and guides.

David O

1) Your petition will not automatically cancel as a result of the marriage... What automatically happened was that your SPOUSE automatically became ineligible to receive this visa... All you need to do is e-mail them asking them to return the petition stateside so it can be cancelled.

2) Just answer the question... there is no need to "handle" the question as the truth is OK...

Have you prepared the I-130?

[Odds_On 0]

I am submitting the I-130 this week for processing. I was not suggesting telling anything but the truth for the question. I am just looking for feedback from others if they had gone through anything similar. Thanks for your responses.

[payxibka 10,048]

then much ado about nothing

[Odds_On 0]

Thanks for the replies. In regard to the evidence of marriage. Obviously we do not live together and have no joint property yet until she moves here. If I do not have any of the items showing proof will this be a problem?

[payxibka 10,048]

Thanks for the replies. In regard to the evidence of marriage. Obviously we do not live together and have no joint property yet until she moves here. If I do not have any of the items showing proof will this be a problem?

No... you are not alone... This situation exists for many people in your situation...

[Thai family 0]

They don't expect the same evidence from newlyweds that they do from couples who have been married for some time.

Send what you have and get an affidavit or two. It worked for my kids. They didn't even have wedding pcitures.

[Thai family 0]

I am submitting the I-130 this week for processing. I was not suggesting telling anything but the truth for the question. I am just looking for feedback from others if they had gone through anything similar. Thanks for your responses.

Attach a continuation sheet and briefly explain. If nothing else, it will give you peace of mind and clear up any questions the adjudicator may have.