HELP - I need to change my fiancee visa to spuse visa

[Sinergy 3]

If I were you... I would go to the interview, explain whatever reason you had to marry before the approval... and who knows... that might let your fiancé come to the US and have you do the AOS (adjustment Of Stattus) right away.

But NEVER lie!

They wont let him come to usa with that. they will say " woo hoo, go home, file the k3 and see ya at the next interview time." they will not let him/her come over on a k1 as a spouse, then they will stamp a denied stamp for k1 visa, and they will have to explain that at the k3 interview and it wont look too good

Edited May 9, 2007 by Ionescu

[jarl 0]

I applied for a visa for my fiancee in December 2006 with I29F. We have received an interview date for June 18 at the the U.S. embassy in Manila.

However, we were married in the Philippines on April 28, 2007. I would like to change this application from a FIANCEE visa to a SPOUSE visa.

Can anyone tell me what I have to do. Thanks in advance.

Jim K.

well congratulation . u must to start again ..

[wpaulino0613 0]

I NEVER said to commit fraud... I said EXPLAIN to them what was their reason. Maybe by being honest they find a "good" lady/gent that will accept the explanation as GOOD and VALID.

[Sinergy 3]

I NEVER said to commit fraud... I said EXPLAIN to them what was their reason. Maybe by being honest they find a "good" lady/gent that will accept the explanation as GOOD and VALID.

no one sd you sd anything about fraud, geez

but again read, and this time all of it, your assumption will not happen

They wont let him come to usa with that. they will say " woo hoo, go home, file the k3 and see ya at the next interview time." they will not let him/her come over on a k1 as a spouse, then they will stamp a denied stamp for k1 visa, and they will have to explain that at the k3 interview and it wont look too good

good lady or man or not, they dont care if your honest with them, if the k1 is made invalid by marrying before the approval at the interview date, therefore the wait starts over. regardless how wonderful a person they are

Edited May 9, 2007 by Ionescu

[Minya's wife 25]

I NEVER said to commit fraud... I said EXPLAIN to them what was their reason. Maybe by being honest they find a "good" lady/gent that will accept the explanation as GOOD and VALID.

That could be, but the application filled out originally, and approved by USCIS (the I-129F) differs from the one that the person would be filling out for for a spouse (the I-130). One is petition for Alien Fiance(e) and the other is petiton for Alien Relative. The consulate cannot issue a spousal visa, without a USCIS approved spousal visa petition, which in this case is not existent. So yes, they could attend the interview and explain the situation....and even the "bestest" lady/gent holding the interview would have to refuse their visa petiton with instructions to go home, file the I-130 and start all over. There is no way around this, as far as I know. If you marry outside the US before being issued a K-1 fiancee visa, you in effect nullify the fiancee visa petition and must start all over by petitioning your newly aquired(by marriage) alien relative.

-P

[pushbrk 13,611]

I NEVER said to commit fraud... I said EXPLAIN to them what was their reason. Maybe by being honest they find a "good" lady/gent that will accept the explanation as GOOD and VALID.

That could be, but the application filled out originally, and approved by USCIS (the I-129F) differs from the one that the person would be filling out for for a spouse (the I-130). One is petition for Alien Fiance(e) and the other is petiton for Alien Relative. The consulate cannot issue a spousal visa, without a USCIS approved spousal visa petition, which in this case is not existent. So yes, they could attend the interview and explain the situation....and even the "bestest" lady/gent holding the interview would have to refuse their visa petiton with instructions to go home, file the I-130 and start all over. There is no way around this, as far as I know. If you marry outside the US before being issued a K-1 fiancee visa, you in effect nullify the fiancee visa petition and must start all over by petitioning your newly aquired(by marriage) alien relative.

-P

Exactly. It doesn't matter what the reasons for marriage are. A spouse cannot be issued a K1 visa. Period. The only reason I mentioned "fraud" was that it is possible such an attempt could be interpreted that way. That is one among several possibilities but a possibility to be avoided.

[tom_g 3]

Would it be true to say that even going to the interview would be a case of fraud/misrepresentation?

If the fact of their marriage didn't, for any reason, come up within the first moments of the interview, the officer might think there was an attempt to misrepresent, and things could go very badly.

[Melyssa 0]

I applied for a visa for my fiancee in December 2006 with I29F. We have received an interview date for June 18 at the the U.S. embassy in Manila.

However, we were married in the Philippines on April 28, 2007. I would like to change this application from a FIANCEE visa to a SPOUSE visa.

Can anyone tell me what I have to do. Thanks in advance.

Jim K.

Like others have said I am pretty sure that you now have to start over going the K3 route and that you cannot somehow change a K1 to a K3!!! I agree with all the others about lying to the Embassy. BAD IDEA, and lying and dishonesty is bad anyway.

I couldn't imagine having to do that... !!! I can't help wondering what you were thinking either...

Edited May 9, 2007 by melytha

[TimsDaisy 0]

FINALLY - a thread where this news article is relevant: http://www.visajourney.com/news/2007/04/07/17/

Yeah, um, it's game over for your application, my friend. Sorry. No need to say "why'd you do it?" since there's no way to get it undone now. Start over. Click on the guides tab above and start learning the K3 process.

(tom_g - I don't think just attending the interview is fraudulent unless they try to say "nope, not married." they can go and have a chat, if they want. and get denied. the more efficient thing to do, though, is to withdraw the current K1 materials and refile for the K3)

[john_and_marlene 162]

I NEVER said to commit fraud... I said EXPLAIN to them what was their reason. Maybe by being honest they find a "good" lady/gent that will accept the explanation as GOOD and VALID.

The Consular Officers do not have the discretion to violate laws even if they find the reason compelling.

[Sharon Austin 0]

not to reveal anything to the consulate because if you do your entire process will be denied and you would be placed on administrative review,

Like the military says, don't ask, don't tell, keep it your little secret! Best advice!

What on earth are you talking about?

The consulate knows about the K1 application now and they will know about it when they interview for their spousal visa. NEVER lie to immigration. If you lie, the result is a charge of misrepresentation. That requires a waiver. If the waiver is denied there is NO VISA EVER.

And by the way, read the Terms of Service for Visa Journey:

http://www.visajourney.com/forums/index.ph...&page=terms

you will not: Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration

(Could we get an emoticon for WORST ADVICE EVER?)

First off, if you read my message carefully, I didn't tell him to lie, it simply tells him if they don't ask about it don't mention it, my ex military buddy is a adjudicator at CSC, plus that same scenerio happen to my family member, I would never misdirect anyone, if they ask then you tell them, please consult your brain before you open your illiterate mouth!

[Sharon Austin 0]

I applied for a visa for my fiancee in December 2006 with I29F. We have received an interview date for June 18 at the the U.S. embassy in Manila.

However, we were married in the Philippines on April 28, 2007. I would like to change this application from a FIANCEE visa to a SPOUSE visa.

Can anyone tell me what I have to do. Thanks in advance.

Jim K.

I have some good news and bad news, good news is congrats on getting married, bad news is "What were you thinking, its at the best interest of your wife and yourself not to reveal anything to the consulate because if you do your entire process will be denied and you would be placed on administrative review, which can take a while to fix, they are going to look at you as if you were trying to cheat the system. My father did the same thing back in 1997 and he had to wait almost three years to fix up his mess with the act of congress on his side, and I don't think you want to endure that horrible process, its probably a little faster now but not by much. Like the military says, don't ask, don't tell, keep it your little secret! Best advice!

worst. advice. ever.

First off, if you read my message carefully, I didn't tell him to lie, it simply tells him if they don't ask about it don't mention it, my ex military buddy is a adjudicator at CSC, plus that same scenerio happen to my family member, I would never misdirect anyone, if they ask then you tell them, please consult your brain before you open your illiterate mouth!

[kitkat1 5]

First off, if you read my message carefully, I didn't tell him to lie, it simply tells him if they don't ask about it don't mention it, my ex military buddy is a adjudicator at CSC, plus that same scenerio happen to my family member, I would never misdirect anyone, if they ask then you tell them, please consult your brain before you open your illiterate mouth!

Do you really think the consulate is NOT going to ask the OP about his original K1 application? Your suggestion is to withhold information. That equals misrepresentation in the world of immigration. Misrepresentation requires a waiver. If the waiver is denied, there is no visa ever.

Perhaps you should think before you tell someone "not to reveal anything to the consulate because if you do your entire process will be denied and you would be placed on administrative review". Just because you had a family member that experienced something similar does not mean the OP will have the same experience. The fact that your buddy is an adjudicator at CSC has zero bearing on this. The issue at hand is at the consulate overseas.

Please consult your brain before you post.

[payxibka 10,048]

First off, if you read my message carefully, I didn't tell him to lie, it simply tells him if they don't ask about it don't mention it, my ex military buddy is a adjudicator at CSC, plus that same scenerio happen to my family member, I would never misdirect anyone, if they ask then you tell them, please consult your brain before you open your illiterate mouth!

The other question that comes to my mind, is how will you explain a marriage outside the US prior to issuance of the K-1 and entry into the US, when you do AOS? Kinda hard to keep that one a secret....

[john_and_marlene 162]

I applied for a visa for my fiancee in December 2006 with I29F. We have received an interview date for June 18 at the the U.S. embassy in Manila.

However, we were married in the Philippines on April 28, 2007. I would like to change this application from a FIANCEE visa to a SPOUSE visa.

Can anyone tell me what I have to do. Thanks in advance.

Jim K.

I have some good news and bad news, good news is congrats on getting married, bad news is "What were you thinking, its at the best interest of your wife and yourself not to reveal anything to the consulate because if you do your entire process will be denied and you would be placed on administrative review, which can take a while to fix, they are going to look at you as if you were trying to cheat the system. My father did the same thing back in 1997 and he had to wait almost three years to fix up his mess with the act of congress on his side, and I don't think you want to endure that horrible process, its probably a little faster now but not by much. Like the military says, don't ask, don't tell, keep it your little secret! Best advice!

worst. advice. ever.

First off, if you read my message carefully, I didn't tell him to lie, it simply tells him if they don't ask about it don't mention it, my ex military buddy is a adjudicator at CSC, plus that same scenerio happen to my family member, I would never misdirect anyone, if they ask then you tell them, please consult your brain before you open your illiterate mouth!

Showing up for a K1 interview and not telling them that you no longer qualify (your don't ask, don't tell theory) is a willful misrepresentation that could result in a lifetime ban from entering the U.S. It would be fraud to obtain the K1 visa and the penalties are stiff.

Advising them to attend the K1 interview and don't tell if they don't ask IS THE WORST POSSIBLE advice.

Edited May 9, 2007 by john_and_marlene