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K1 NOA2 received but got married prior to interview

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Filed: K-1 Visa Country: Philippines
Timeline

Thank you for your guide listed here, it greatly helped me and my former fiance, now my husband, a K-1 Visa application.

The thing is, we decided to get married while the K-1 is in process and would like help as to how to proceed

with a petition with new status.

Our Time line.

I-129- sent, Feb 2010

NOA 1-March 2010

NOA 2-May 2010

Received Letter from US Embassy Manila-dated May 13 (notice to make appointment

and have a medical)

we decided to get married.

June 2010 - Wedding in the Philippine

Now, i need help how to proceed with application, but this time as a spouse:

background: My husband is a civilian contractor in iraq and may have to continue working there longer than expected instead of the

previous plan of getting married in the US and live there by end of this year, so we decided to get married in the philippines,

and proceed with the visa application while he is in iraq and i am in the philippines.

Do we need to inform the USCIS that we already got married and will not use the K1 visa anymore?

What type of Visa (K-3 or CR1) or form should we file this time?

We submitted our I-129 F in USCIS Califonia, should we file there or in the nearest consulate (Kuwait) and make a

direct consular filing from where he is now?

Is changing my passport using my married name beneficial too in relation to an application? I ask coz my passport

is valid for the next 3 years yet (single name).

Would really appreciate your help as always. Thank you.

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Filed: Citizen (apr) Country: Australia
Timeline

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Filed: K-1 Visa Country: Vietnam
Timeline

Notify both USCIS and the embassy in Manila that you will not be applying for the K1 visa because you have gotten married. This is important to do because processing on your spousal visa may be held up if either USCIS or the embassy believes you still have a valid K1 case pending.

You can't use DCF unless you are both living, as legal residents, in the same country. Unless you are also going to Iraq, then DCF is not an option. Your husband will need to file with USCIS in the United States.

The K3 is, for all practical purposes, no longer an option. When an I-129F and I-130 both arrive at NVC at the same time (which they nearly always do) NVC will close the I-129F and proceed with the I-130. Don't bother filing an I-129F. Just file the I-130 and go for the CR1.

Changing your passport to your married name will not streamline the process for you in any way, but it will help avoid potential confusion when you have to use your passport as identification in the US.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: K-1 Visa Country: Philippines
Timeline

Thank you so much, really appreciate your response. Is it alright if it's the beneficiary who will send the letter informing

of the marriage and therefore will no longer proceed with K1 or does it have to be the petitioner?

Notify both USCIS and the embassy in Manila that you will not be applying for the K1 visa because you have gotten married. This is important to do because processing on your spousal visa may be held up if either USCIS or the embassy believes you still have a valid K1 case pending.

You can't use DCF unless you are both living, as legal residents, in the same country. Unless you are also going to Iraq, then DCF is not an option. Your husband will need to file with USCIS in the United States.

The K3 is, for all practical purposes, no longer an option. When an I-129F and I-130 both arrive at NVC at the same time (which they nearly always do) NVC will close the I-129F and proceed with the I-130. Don't bother filing an I-129F. Just file the I-130 and go for the CR1.

Changing your passport to your married name will not streamline the process for you in any way, but it will help avoid potential confusion when you have to use your passport as identification in the US.

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Filed: K-1 Visa Country: Vietnam
Timeline

Thank you so much, really appreciate your response. Is it alright if it's the beneficiary who will send the letter informing

of the marriage and therefore will no longer proceed with K1 or does it have to be the petitioner?

Either the beneficiary or the petitioner can notify the consulate, but only the petitioner should notify USCIS.

Honestly, just notifying the consulate would be enough to close the file, but USCIS won't know the file has been closed until they get the petition back from the consulate. Notifying USCIS, as well, should help clean up the loose ends a little faster.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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