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Filed: K-3 Visa Country: Thailand
Timeline
Posted

Wondering what is the process in changing a visitors visa status to a K-1 visa if you decide to marry ? Can any one help me to learn more?

This cant be done. A K 1 allows entry into the USA. The person would already be in the USA I assume. If so & you married the person could file the AOS documents to achieve a different legal status while remaing in the USA.

See the forums for info on tourist visa conversion to AOS.

Posted

You can't change a tourist visa to a K-1 visa.

As for what your options are, no one can tell you without more details. As mentioned, coming with intent to stay and adjust status on a tourist visa is fraud. But if you are already in the country, decided to get married and did not have prior intent, you could file for adjustment of status. If you had intent or are not already in the US, then you could get married (wherever, it doesn't matter what country) and file for a CR-1 (spousal visa).

A K-1 visa is a fiance visa, so if you get married you can't apply for that. You could file for a K-1 while visiting America on a tourist visa, however, and simply leave before the tourist visa expires and complete the rest of the process in your country, and then return on the K-1 visa to marry in America once it is issued.

Again, it really depends on exactly what your situation is.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

 
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