Cause for Alarm?

[Dr. A ♥ O 203]

Because I want to know if anyone knows...

If someone applied for a K3 and their spouse qualifies for an IR-1 after being married for 2 years and they've had the interview and were approved for a K3 can they still get an IR-1 at POE like in some threads I've read? Furthermore can a petition be revoked after the approval for the K3 visa if the intending immigrant hasn't received it from the Embassy yet? And lastly can an intending immigrant enter the country with their family based visa and change their address at POE without the petitioner knowing about it?

[Rings 10]

Well we filed K3, but were also approved later on for IR-1 but we stayed with K3 because it was faster and we were trying to meet financial deadlines. I don't think you can withdrawl the petition, but whichever one approves first is the one you are stuck with. I am pretty sure you can change your address at any point in time if you file the change of address.

[Dakine 26]

If you pay the fee to NVC for the I-130 you an continue the IR 1 process. you can get a IR-1 visa. You can go to the US on the K3 and return and do the I-130.

That's what the K3 visa was originated for doing.

Part f the LIFE ACT!

[Carlawarla 1]

Because I want to know if anyone knows...

If someone applied for a K3 and their spouse qualifies for an IR-1 after being married for 2 years and they've had the interview and were approved for a K3 can they still get an IR-1 at POE like in some threads I've read? Furthermore can a petition be revoked after the approval for the K3 visa if the intending immigrant hasn't received it from the Embassy yet? And lastly can an intending immigrant enter the country with their family based visa and change their address at POE without the petitioner knowing about it?

I'm sure they can change their address at the POE, but why would they do so without the petitioner knowing about it? They're supposed to be living with the petitioner. Am I missing something?

[morocco4ever 63]

Because I want to know if anyone knows...

If someone applied for a K3 and their spouse qualifies for an IR-1 after being married for 2 years and they've had the interview and were approved for a K3 can they still get an IR-1 at POE like in some threads I've read? Furthermore can a petition be revoked after the approval for the K3 visa if the intending immigrant hasn't received it from the Embassy yet? And lastly can an intending immigrant enter the country with their family based visa and change their address at POE without the petitioner knowing about it?

I'm sure they can change their address at the POE, but why would they do so without the petitioner knowing about it? They're supposed to be living with the petitioner. Am I missing something?

She is asking questions pertaining a different thread. It seems that they had been married over 2 years, they got into an argument and didn't talk for a month. In the meantime the petitioner found out that he had his interview for the K-3, and has come to the US, which was unknown by her. And she also has word that he got his 10 year GC.

Olivia, I agree, the whole thing seems odd. But I highly doubt that they would change it at the POE. When my husband finally got his visa approved they mistakenly have him the CR1 visa rather than the IR1. When he contacted the consulate about the error they told him to bring it back and they would correct it. We decided against it considering the problems we had had in the past. And we had heard that they will correct it at the POE with proof that he is eligible for the IR1. When he got there and showed him our proof they told them basically tough Sh!t. And he was more than welcome to go back to Morocco to fix it. Of course he accepted the CR1 and we got it corrected after he arrived here.

So if they are not going to change the CR1 to the IR1, which is basically the same visa, and the only difference is the amount of time that we had been married when he entered into the US, then they most certainly would not change the K-3 to an IR1. Which is a totally different type of visa. Of course that is my opinion, so there is always room for error on my part.

But on the other hand, if the petitioner had done all of the paperwork for the IR1 at the NVC before they broke off communication then it is possible that he did indeed have the interview for the IR1.

One other option is that the petitioner was lied to by the family so that she would not attempt to have him deported. If he came on the K-3 and is lying to the USCIS about his marriage he might be trying to figure out how to adjust status without her. I don't know enough about the K-3 however. Do they usually have an interview with the couple to adjust status? If so I think it would be very difficult for him to adjust. But if they don't need an interview he might be able to pull it off.

I have to admit that I did find it somewhat unbelievable however. Usually when you marry into the family, even though it is a distant relative, they don't cross this line. Not saying they wouldn't, but just saying it is unusual. Did you think the one theory that it was someone testing the water to see if it could be pulled off?

[JimVaPhuong 4,863]

A K3 cannot be converted to an IR1 or CR1 at the POE. A K3 beneficiary hasn't applied for AOS yet, and the CBP doesn't have the authority to approve an AOS. Whatever visa type you arrive with at the border will be the visa type you enter with.

I also don't think the beneficiary would be able to choose an IR1 over a K3 when applying for the visa at the consulate, even if both have been approved. Different documents are usually required from the petitioner. For example, a K3 usually requires an I-134 affidavit of support, while an IR1 usually requires an I-864. The petitioner will have to provide the appropriate documents for the type of visa being applied for.

In addition, a K3 beneficiary would not be able to adjust status after arriving in the US without the cooperation and assistance of the petitioner, at least not without forging some documents.

Finally, in the other thread 'sofee' said nothing about a K3. She said they petitioned and applied for an IR1/CR1.

In answer to the other questions, a petitioner can withdraw the petition at anytime before the visa is issued. Whether it will actually stop the visa from being issued depends on how fast the bureaucracy moves. An immigrant can change their address anytime, either by filing an AR-11, using the online CRIS system, or calling the USCIS toll free number. It isn't necessary to do this at the POE. They could do it on a cell phone before even leaving the airport.

[morocco4ever 63]

Finally, in the other thread 'sofee' said nothing about a K3. She said they petitioned and applied for an IR1/CR1.

I must have assumed. I will have to go back and read it again.

[Dr. A ♥ O 203]

I tried to look for what I was referring too but it's like looking for a needle in a haystack. I was asking because a few days ago I read a thread where someone from the Asia area had been married for two years and had applied for a family based visa other than the IR-1 and was approved but since they were married for two years they qualified for the IR-1 and they said at POE they told them they qualified for the IR-1 and then they got it. They didn't clarify if they received it at point of entry or at a later date. Then I read this other thread that M4E was referring too where an IR-1 was issued and he's been in the country for a month and the USC didn't know about it. The comment about changing the address at POE set an alarm off for me that there was no immediate system of notification in place to the petitions who is financially responsible for beneficiary for the next ten years. I know when I change the address I am usually mailed something about it at a later date. Then someone pointed out that the petitioner should have withdrawn their application which made me question if the beneficiary is already approved for a visa what is the end date that a petition can be withdrawn? If someone gets divorced during administrative processing and administrative review and the Embassy is notified then I would think they would withdrawal the approval for the visa before it's actually issued because they wouldn't be coming here to live with the person that was their family. However, that's never been clarified before so I didn't really know. And yes to answer you question M4E I agree that in these family oriented cultures a marriage to a distant cousin not working out doesn't add up because families get heavily involved especially in that region and ours and divorce or fraud to their own seems highly unlikely. It's a scary but valid point that M4L made about an intent to commit Green Card Fraud by finding the loopholes. I think there should be some more protection in place such as a notification system in place that alerts the petitioner when the beneficiary is entering the country and if they change the paperwork. Everything should be commonly shared online in an electronic file viewed by those with access codes until someone files a notification of separation followed by a divorce being made. I think they shouldn't be able to get a green card to come to our country if they aren't going to use it for what it's supposed to be used for. Then of course if someone is intending to commit green card fraud they could come to the country on an IR-1 at POE and have an agreement with the SO to go a family members for extinuating circumstances and then file a notice of separation there and subsequently enjoy the benefits of a 10 year green card and the petitioner be on the hook for them financially for that time. However in that case before the beneficiary even came he was able to see it wasn't going to work because of previous fights and still mislead the petitioner into believing he was coming to her and get his IR-1 and enter the US without her knowledge and change his address. My point is shouldn't that show green card fraud and protections be put in place for that as well?

Edited September 9, 2009 by ~Flower~

[morocco4ever 63]

I think once they get here they aren't going to put much effort in pursuing it. For one she never withdrew the petition. So it is possible (from the eyes of the USCIS) that she is making it up to get him deported.

Another reason that I think they won't bother is an incident I had several years ago. There was an immigrant that I knew that hated American's. He was always talking sh!t about them, and when the 9/11 incident happened he reveled in it stating "Welcome to the US Osama Bin Laden". He then bragged that he had signed his citizenship as "Yanni", not his real name obviously. This infuriated me, and I was able to make a copy of his citizenship. I researched it online, and found where it stated that if the citizen signed a different name it would make his citizenship invalid. I sent it to the USCIS with a brief description of the situation. Nothing was ever done. So I don't expect they would put effort into this if they are going to ignore a Bin Laden supporter.

[Rings 10]

Ok ok this thread got all different than I originally thought it was about. If you file a K3 you still have to file the I-130 no matter what. If you are approved to enter the US on the K3 you are only approved to enter the states. You do not automatically have approval for the I-130 so therefore you would not have a IR-1 visa.

The point of the K3 is so loved ones can be with their family or spouse while they wait for the approval of the I-130. These are two different visa's and you cannot change a visa at the POE. If you go the K3 route you still have to adjust status and they do give you an interview in most cases. I have one in my timeline to prove it and I had 4 years worth of proof that our relationship was bonifide and the USA is totally buds with Australia so it's not even a difficult country to immigrate from. So if they interviewd us, I am sure they do it to many people.

Once you are here and you adjust status, you can change your address right online at the governement website. I did that when I moved, but you would not be able to have an EAD to work or anything without that approval as well.. that is almost like applying for another petition in general.

If you are approved for a K3 I think you have 6 or 12 months to enter the US and if you do not enter the US then your K3 will expire. You cannot change the visa at POE you are given the A# then and they staple an I-94 to your passport and you have to bring that to the interview.

You can choose to not use your K3 to wait out the IR-1 if you wish... ok your question confuses me now that I am thinking about it because a K3 does not care how long you are married it expires........

Brain puke

Edited September 10, 2009 by Rings