can i update my K-3 status to I-130?

[hum05 0]

Hello everyone, I am new on Visa journey. I have a a bit of a complex situation that i need help in. I applied for my fiance for K-3 in june, 2011. He had his interview in april, 2012. everyting went well in the interview but as usual he was put on the AP check. me and my fiance waited for the visa for quit a long time but there was no progressive being made on his case. We decided to get married because we are madly in love with each other and just couldn't wait anymore. We got married on Aug 5,2013. In the beginning of Oct,2013 me and my husband went to Islamabad embassy from karachi to update the status to a spousal visa and submit our marriage certificate. we took the shuttle bus and everything but the security guard did not allow us to go in the embassy. he said what he can do is explain our situation to the officer and get back to us. we went in and came back after half hour and told us that the officer instructed us to submit the marriage certificate through the courier service and once that is received we will call you for a second interview. we thought it was fair enough. same day, we went to the courier service in islamabad and submitted our marriage certificate. meanwhile, i found out that i was pregnant, so i had to come back to US for my delivery. I came back on Dec 25,2013. I check my husband's case status everyday and there was no update. i emailed to the embassy many times but received no reply. then i contacted my congressman Frank Liobando. They did couple of inquires on my behalf. Last friday, which was May 23, I checked my husband'd case status and it showed Return to NVC. That was the worse movement for me. i also recieved an email the following day from islamabad embassy stating that th petition is sent back with a recommendation to revoke this petition. My question is why can't they just update my case from K-3 to a spousal visa. after 2 and half years they found a reason my my case to revoke. can't theyjust update the status and if not can i file for I-130 before receiving a denial for K-3. Any help is appreciated as i am very confuse on this matter because i dont want to wait another 3 years for my husband . I already waited enough. Thank you for all the help.

[belinda63 3,052]

From reading your story it sounds like you didn't file for the K-3. Did you file the I-129F for a fiancé. In other words you weren't married when you filed correct? I ask because the K-3 visa is for married people.

Assuming you applied for a fiancé visa you cancelled it the day you married. You can't switch in midstream from a fiancé visa to a spouse visa. You will have to start all over again with filing for the CR-1 visa.

[pushbrk 13,269]

Your marriage invalidated the fiance visa process. Now that you are married, you start over with a spouse visa process. The currently available spouse visa is the CR1, not the K3. There is no procedure available to change a fiancee process into a spouse process. Start over using this guide.

http://www.visajourney.com/content/i130guide1

I know you didn't want to hear that. Unfortunately, that's what you needed to hear. Sorry.

[Hypnos 6,579]

As stated, it sounds as if you applied for a K-1, not a K-3. Since you have admitted to the embassy that you are married then they have denied the visa and returned the petition to USCIS with a recommendation that the prior approval be revoked. You have zero chance of successfully contesting that.

You will need to begin the process over by filing an I-130 seeking a CR-1 immigrant visa. Expect this to take ~12 - 16 months, plus an additional period for AP.

You made a serious mistake by marrying before the K-1 was issued. It's likely going to be at least two years to receive a CR-1, and that's if you file immediately.

Edited May 30, 2014 by Hypnos

[pushbrk 13,269]

can't theyjust update the status and if not can i file for I-130 before receiving a denial for K-3. Any help is appreciated as i am very confuse on this matter because i dont want to wait another 3 years for my husband . I already waited enough. Thank you for all the help.

There is no "status" to update. You were in a fiancee visa process based on filing a petition for your then fiance. It is not a K3 that has been denied. K1 is the fiance visa.

However, you HAVE received a denial of the K1 visa and yes, you could have filed the spouse petition the day you obtained the marriage certificate, regardless of the stage of the fiance visa process. Yes, you can file the I-130 now. No reason to wait for any further word about the fiance process. You have a spouse, not a fiance.

[Fan_Dancer 171]

You can't upgrade a fiance visa to a spouse visa, you have to start the process all over again.

[Darnell 8,479]

not married ? cannot chase a K-3.

I-129F at the embassy for a K-1 visa ? cannot get married and attempt to use it as part of a spousal immigrant visa (K-3) .

You should file the I-130 asap - and note you'll be chasing an immigrant spousal visa (CR-1 or IR-1 )

Sorry you had these troubles, really !

[as to the K-1 - I suggest you forget about it now - as you two not qualified for yer spouse to receive one now]

[hum05 0]

thank you everyone for your help. I made a mistake..i meant to write K-1 not K-3. I have already filled out I-130 forums, i will be sending it in soon after delivering my baby..due date is June 4 because they want a bona fidas of marriage and one of the choices in your child's birth certificate. i figure i am due anytime now so why not wait for the baby to come so i can submit his/her birth certificate with the paperwork.

[pushbrk 13,269]

Good plan.