Can you change mid stream from K1 to a K2 Visa?

[elev8john 0]

Hi All,

My fiance and I are going well with the K1 application, at this stage she has been approved as a sponsor for myself immigrating from Australia. We have followed your guidelines explicitly and they have been enormously helpful. We are concerned that we may not get the approval of the K1 Visa before the wedding date which is to be in the USA, with my fiances family. Since I can travel to and from Australia and the USA on a normal 3 month entry for visitors, the marriage doesn't pose a problem, but I will have to return to Australia before the 90 days visit. So my question is - would i carry on with the K1 application despite being married before the time we are supposed to? Or can we change to a K2?

To answer the question why jump the gun? Its timing. Weddings like this one take a year to plan for, and then there are travel bookings and the list goes on....

[Asia 2,499]

No, you can't carry with the K1 petition.

You can't change it to K2 either, cause K2 is for a child of the K1.

When you marry, you can apply for CR1.

And you start the whole process again, with the fees and all...

[elev8john 0]

Apologies not K2 I meant the CR1, thanks anyway *Asia*

[aleful 1,905]

hi

you are confused, a k2 is a child of the fiancé, K1 is the fiancé petition, and k2 is the child of the fiancé which would be petitioned at the same time

you can't do that, if you marry, the k1 is canceled, you must use the k1 to enter the country and marry your fiancé within 90 days to adjust status

if you come to marry, the k1 has to be cancelled and your spouse would start all over with the CR1 visa, which takes a year

your fiancé would have to withdraw the k1, get married and start the CR1 petition

you can't have both options

[elev8john 0]

Thanks guys very helpful. In light of this we have both agreed stay on track with the K1 - delay any wedding plans! The main aim is to get the K1 approved and set in motion, wedding plans can be picked up again when the time is right.

Cheers

[Pitaya 2,580]

Welcome to the forum.

This same-themed scenario question seems to pop every month or so. The general forum recommendation is to NOT MAKE ANY non-refundable, non-changeable marriage plans/arrangements/reservations, of any sort, before you have your passport in your hand, and your approved visa is in your passport.

As to the next part of your question, easily located at the top of the forum page. In particular, the Family Visa Comparison Guide. Generally, they are not interchangeable.

Good luck on your immigration journey.

[Adil & Jeanne 296]

Everyone will tell you "Don't buy airline tickets, Don't plan a wedding Until you have visa in hand"

If you come on a visitor visa with intent to marry, it is visa fraud

and now your application for K1 is in the system, you may asked at POE if you have any other visa applications in the system

answering yes , K1 will get you turned away

no way to overcome this now

you have to just wait out the processing time like the rest of us did

You can visit and not marry but the other is not legal

Edited September 17, 2016 by Adil & Jeanne

[A'n'L 735]

Everyone will tell you "Don't buy airline tickets, Don't plan a wedding Until you have visa in hand"

If you come on a visitor visa with intent to marry, it is visa fraud

and now your application for K1 is in the system, you may asked at POE if you have any other visa applications in the system

answering yes , K1 will get you turned away

no way to overcome this now

you have to just wait out the processing time like the rest of us did

You can visit and not marry but the other is not legal

This is incorrect. Marrying while on VWP or a visitor visa is 100℅ legal and not problematic as long as you return home before the authorized stay is up.

[JFH 12,196]

If you come on a visitor visa with intent to marry, it is visa fraud

You can visit and not marry but the other is not legal

Nonsense.

There are very reputable travel companies around the world who specialise in weddings in Las Vegas, Disney World, Hawaii and other such locations https://www.virginholidays.co.uk/holiday-types/weddings-and-honeymoons/overview is a UK company. The success of such companies in the UK is down to the fact that we here can travel to the USA relatively easily, thanks to the VWP.

There is nothing illegal about getting married on the VWP. The US embassy in London confirms this https://uk.usembassy.gov/visas/fiancee-2/

Please note: if you do not intend taking up indefinite residence but will continue to live and work outside the United States after the marriage ceremony, you should apply for a B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.

Edited September 18, 2016 by JFH