Submitted I-129F as fiancés - amend to “already married”?

[scottybrittas 1]

Hi,

 

My fiancé and I started the K1 process by submitting the I-129F petition back in September.

 

what are the options for amending this petition to “already married” instead? That is, we want to get married now (maybe in the U.K.) but still progress the original petition. 

 

Does anyone have experience or knowledge of this? Thanks in advance. 

[HK12 273]

A K1 is for fiancés only. You cannot use a K1 visa if you are already married. If you decide to get married, you will have to start all over with a CR1 visa.

[Crazy Cat 39,375]

A fiance petition can not be amended & continued after marriage.  You can withdraw it and file a spousal petition after marriage.  Processing time is about 12-14 months......

Edited December 19, 2018 by missileman

[Just Paul 4,591]

Yes, you start over. All the way to the back of the line.

 

Edit:  Based on your timeline you should have you NOA2 in March.  So if it is an issue about getting the green card/ AP faster it might be faster to file for a spousal.  I would just file that and then write to withdraw the I-129F.

Edited December 19, 2018 by Paul & Mary

[Going through 5,668]

24 minutes ago, scottybrittas said:

what are the options for amending this petition to “already married” instead?

There isn't any option to do that.

You have to file for the CR-1, pay that fee, and start all over again.

Naturally, no refund on the K1 petition.

[geowrian 22,336]

No amendment is possible. If you marry, you need to file an I-130 to start the process for a CR-1 visa. Proceeding with the K-1 process while married would be fraud.

[scottybrittas 1]

Thanks for the replies so far. I sort of thought as much but it was worth checking. The bit that I was looking at was on the I-129F form where it had the tick boxes for either “fiancé - k1” or “spouse - k3”. I was hoping there would be a way to update the submission on the basis the form is the same. 

Edited December 20, 2018 by scottybrittas

[geowrian 22,336]

5 minutes ago, scottybrittas said:

Thanks for the replies so far. I sort of thought as much but it was worth checking. The bit that I was looking at was on the I-129F form where it had the tick boxes for either “fiancé - k1” or “spouse - k3”. I was hoping there would be a way to update the submission on the basis the form is the same. 

1) K-3 is obsolete.

2) K-3 requires filing an I-130 (for a spouse) first. You could not file an I--129F before the I-130.