Expedite based on USCIS false advice for K1? (split)

[Constantinos 0]

Hello.

Your advice is very helpful.

I am currently 3 months into my application for Petition of fiance I-129F (I am moving from UK to be with My fiancee in US)

They misinformed us when we called for information. They said that if we are married before the interview date, we would only need to "adjust" my status. Now it seems we have to re apply all together - Could this be used to help expedite my I-129F based on their mistake?

Otherwise we have to submit the new I-130 and wait another 6 months!

[Cyclone 4]

That would not be a reason for a expedite.

[Penguin_ie 5,999]

Are you sure you understood them right? You can adjust status under certain circumstances if you are inside the USA, but not from outside.

Unfortunately, USCIS's callcenter isn't called the miss-information line for nothing, and it is up to you to do research, so this will not qualify for an expedite.

BTW, as it sounds like you are married now I moved your post from the K1 fiance to the CR-1 spousal forum. If you are indeed marry, your I-129F case is dead and you do need to re-apply.

[Constantinos 0]

Hi all,

I will not be married until August. Currently I reside in the UK and my I-129F form is still in review.

I was born and raised in London so I am wondering what happens when my fiancee and I marry in August?

Is it mandatory for us to apply for a I-130F and K3 form? - Will this re-instate our application or simply just amend the changes to the current I-129F and K2 applications we have?

Will I be able to stay in the US until my interview or will I haver the interview in the London US Embassy?

So many questions lol - I am going to call the USCIS today and try to make sense of it all.

[belinda63 3,053]

Problem one is asking the call center at USCIS for information. They are just people off the street with flow charts and they really don't know anything. If you are dead set on getting married in August you might as well cancel the K-1 now. There is no point in continiuing to pursue it if you are going to marry prior to obtaining the visa and arriving in the US.

After you are married you file the CR-1 (I-130) and stuff according to the guides. You will go back to the beginning and have to wait for the entire process to complete, the petition to be approved, then an interview in London. You can visit the US while you wait but you cannot stay.

So sorry the misinformation line got you, it does this quite a bit.

I saw you mention a K-2. Will the child be under the age of 18 when you marry? If so a seperate 1-130 will have to be filed for them.

Edited July 2, 2013 by belinda63

[Asia 2,499]

Hi all,

I will not be married until August. Currently I reside in the UK and my I-129F form is still in review.

I was born and raised in London so I am wondering what happens when my fiancee and I marry in August?

If you marry before your K1 visa is issued, the whole K1 visa process is void and you will have to start Cr1 Visa process.

If you're planning now to go to the US using VWP , get married AND stay, then that is a visa fraud.

[Penguin_ie 5,999]

If you have your heart set on getting married in August, you will loose all the fees paid for the K1 and all the time you have been waiting. You will start again with a CR-1 spousal visa- new fees, new forms, start from the beginning and wait again (forget the K3 btw, it is obsolete). You can visit the USA if you are a UK citizen by using the visa waiver program, but you cannot live there or work, or stay more than 90 days until your CR-1 is granted.

[NigeriaorBust 4,087]

Also depending on the age of the intended K2 you may be looking at a multi year wait. If the "child" is 18 and over they are too old to be petitioned based on step parent the marriage must be prior to 18 and for you to petition would mean a 2 year wait after you get your green card,

Trying to AOS after filing a K1 and having long term wedding plans would be very risky , you would have no right to appeal and if it failed you would also lose the right to visit during the correct CR1 process.

Edited July 2, 2013 by NigeriaorBust