K1 to K3 confusion

[rocky95 53]

I am currently doing a K1 visa but the processing times are excruciating. I talked to a UCSIS officer on Monday and she gave me very confusing information. I talked to her about my plans to get married in July, however at this rate it seems very unlikely. She told me that I could still get married in July and send in a letter of the update. With the update the UCSIS would just switch me over to a K3 and I wouldn't lose my wait time. She also told me I can file for the marriage green card as well and that most likely what will happen is that they will see the pending K3 application and green card visa and approve the green card visa at that time.........this all seem contradictory to what I read up on. Can anyone clarify?

Edited April 21, 2022 by rocky95

[Ontarkie 13,915]

~~Moved to K3 P&P, from Effects of Major Family Changes - as the OP is asking about changing to a K3~~

[Mike E 11,723]

42 minutes ago, rocky95 said:

I am currently doing a K1 visa but the processing times are excruciating. I talked to a UCSIS officer on Monday and she gave me very confusing information. I talked to her about my plans to get married in July, however at this rate it seems very unlikely. She told me that I could still get married in July and send in a letter of the update. With the update the UCSIS would just switch me over to a K3 and I wouldn't lose my wait time. She also told me I can file for the marriage green card as well and that most likely what will happen is that they will see the pending K3 application and green card visa and approve the green card visa at that time.........this all seem contradictory to what I read up on. Can anyone clarify?

Tier 1 USCIS officers set a new low in ignorance and stupidity each day. 

 

Never talk to a tier 1 except to get one to get a tier 2 to call you.  Everything a tier 1 days is wrong. 
 

Just get married, cancel the I-129F, meet if you are not both physically present at the wedding service,  and then follow:

 

 

[Redro 4,599]

1 hour ago, rocky95 said:

I am currently doing a K1 visa but the processing times are excruciating. I talked to a UCSIS officer on Monday and she gave me very confusing information. I talked to her about my plans to get married in July, however at this rate it seems very unlikely. She told me that I could still get married in July and send in a letter of the update. With the update the UCSIS would just switch me over to a K3 and I wouldn't lose my wait time. She also told me I can file for the marriage green card as well and that most likely what will happen is that they will see the pending K3 application and green card visa and approve the green card visa at that time.........this all seem contradictory to what I read up on. Can anyone clarify?

I have seen people with approved K1 visas receive fairly quick approvals on the I-130s but not you can switch a K1 application to a K3 application... 

You also need to file an I-130 before you can apply for the K3 so, saying you "can" file for the marriage green card as well is not quite accurate. 

You need to file an I-130... 

Where do you plan on getting married? 

I do think CR1 visa is superior to the K1 but be aware the processing times are very similar for most consulates. Where will the beneficiary interview?

[dwheels76 5,461]

9 hours ago, rocky95 said:

I am currently doing a K1 visa but the processing times are excruciating. I talked to a UCSIS officer on Monday and she gave me very confusing information. I talked to her about my plans to get married in July, however at this rate it seems very unlikely. She told me that I could still get married in July and send in a letter of the update. With the update the UCSIS would just switch me over to a K3 and I wouldn't lose my wait time. She also told me I can file for the marriage green card as well and that most likely what will happen is that they will see the pending K3 application and green card visa and approve the green card visa at that time.........this all seem contradictory to what I read up on. Can anyone clarify?

I just could not walk by this. I am so sorry you got a clueless rep. Lord who are they reading down the wrong path. And honestly you being in line now marrying cancelling now you get in another long line. Sorry u got the misinformation but wise to question it. Kudos

[rocky95 53]

8 hours ago, Mike E said:

Tier 1 USCIS officers set a new low in ignorance and stupidity each day. 

 

Never talk to a tier 1 except to get one to get a tier 2 to call you.  Everything a tier 1 days is wrong. 
 

Just get married, cancel the I-129F, meet if you are not both physically present at the wedding service,  and then follow:

 

Yeah she confused me because my understanding that no matter what we would have to start over. The problem is that we are already 8 months in to the K1 process. We wanted to do CR-1 from the very beginning but borders were close and decided to do the K1 instead. But now things are open again and I'm traveling in July

[rocky95 53]

5 minutes ago, dwheels76 said:

I just could not walk by this. I am so sorry you got a clueless rep. Lord who are they reading down the wrong path. And honestly you being in line now marrying cancelling now you get in another long line. Sorry u got the misinformation but wise to question it. Kudos

Thank you and the thing is I kept asking her. Are you sure? But she was insistent that I could just send a letter with an update and they could switch us right over 

[rocky95 53]

7 hours ago, ROK2USA said:

I have seen people with approved K1 visas receive fairly quick approvals on the I-130s but not you can switch a K1 application to a K3 application... 

You also need to file an I-130 before you can apply for the K3 so, saying you "can" file for the marriage green card as well is not quite accurate. 

You need to file an I-130... 

Where do you plan on getting married? 

I do think CR1 visa is superior to the K1 but be aware the processing times are very similar for most consulates. Where will the beneficiary interview?

I am already 8 months into the K1 visa. My fiancé and I agreed that the CR1 is superior and we wanted to do that originally. However because of COVID borders were close so much so that nobody could enter or leave the country. We decided just to do the K1 because we had no idea when we would see each other next. Now things are back to normal and I'm going to is it him in July and we are going back and forth. Would it be worth it to get married and abandon the K1 visa with so many months in? What if something happens that prolong the decision making on our k1? If we don't get married in July, then when will be the next time I can see him again if somethig happens with the K1 to switch? But at the same time we are so far in and to abandon is heart breaking, and what if we get a response the moment I return back.  He will interview in Algeria 

 

Anyways a lot to think about and I called UCSIS to see if I could get a clearer answer, and that's what the rep told me 

Edited April 21, 2022 by rocky95

[Redro 4,599]

14 minutes ago, rocky95 said:

I am already 8 months into the K1 visa. My fiancé and I agreed that the CR1 is superior and we wanted to do that originally. However because of COVID borders were close so much so that nobody could enter or leave the country. We decided just to do the K1 because we had no idea when we would see each other next. Now things are back to normal and I'm going to is it him in July and we are going back and forth. Would it be worth it to get married and abandon the K1 visa with so many months in? What if something happens that prolong the decision making on our k1? If we don't get married in July, then when will be the next time I can see him again if somethig happens with the K1 to switch? But at the same time we are so far in and to abandon is heart breaking, and what if we get a response the moment I return back.  He will interview in Algeria 

 

Anyways a lot to think about and I called UCSIS to see if I could get a clearer answer, and that's what the rep told me 

There is a chance A CHANCE! they review your submitted I-130 in 2-4 months... and you clear NVC after 3 and then interview after a month of being DQ'ed (according to most recent Algerian timelines interviewing out of Algeria). So, best case scenario after getting married the process could take 7-8 months.

But, 1-30 approvals are so random and you could be waiting a year for you I-130 NOA2... so another 16 months of waiting (after filing an I-130).

 

As you are seeing your partner in July 2022 and you applied for your K1 in July 2021, there is a chance your K1 will be approved during your visit. 

I'm not sure about backlog for K1s out of Algeria but there is a chance your partner could be flying home with you this summer... I would personally hold off on the marriage.

 

Of course this is all your decision but I would hold off on changing course and try to see how long it takes to schedule interviews for K1s out of Algeria.  

Edited April 21, 2022 by ROK2USA

[Boiler 43,434]

K1 and Algeria does not seem a good idea.

 

When did you last see each other,  how much time have you spent together.

[rocky95 53]

32 minutes ago, Boiler said:

K1 and Algeria does not seem a good idea.

 

When did you last see each other,  how much time have you spent together.

So I am ethnically Algerian but was born and raised in America, I knew my fiance my whole life ( he was actually my very first boy crush when we were like 7). Age wise we are 9 months apart. The last time we saw each other was the December before all of COVID. 

 

 

Why is it not a good idea?

 

Edited April 21, 2022 by rocky95

[rocky95 53]

35 minutes ago, ROK2USA said:

There is a chance A CHANCE! they review your submitted I-130 in 2-4 months... and you clear NVC after 3 and then interview after a month of being DQ'ed (according to most recent Algerian timelines interviewing out of Algeria). So, best case scenario after getting married the process could take 7-8 months.

But, 1-30 approvals are so random and you could be waiting a year for you I-130 NOA2... so another 16 months of waiting (after filing an I-130).

 

As you are seeing your partner in July 2022 and you applied for your K1 in July 2021, there is a chance your K1 will be approved during your visit. 

I'm not sure about backlog for K1s out of Algeria but there is a chance your partner could be flying home with you this summer... I would personally hold off on the marriage.

 

Of course this is all your decision but I would hold off on changing course and try to see how long it takes to schedule interviews for K1s out of Algeria.  

Yeah I keep going back and forth but I guess there is no real answers. We haven't received our NAO2 yet so I'm just at lost 

[Redro 4,599]

6 minutes ago, rocky95 said:

Yeah I keep going back and forth but I guess there is no real answers. We haven't received our NAO2 yet so I'm just at lost 

They're working on cases from March and April right now... and if they keep at the 12 month processing times you'll be approved a year from your submission date. 

I would just wait out the process and then after you arrive see what happens. Inshallah your partner will interview while you are in country and that will lead to a speedy approval... if not you can always change course if a denial is on the cards and switch to the CR1... 

Edited April 21, 2022 by ROK2USA

[rocky95 53]

1 minute ago, ROK2USA said:

They're working on case from March and April right now... and if they keep at the 12 month processing times you'll be approved a year from your submission date. 

I would just wait out the process and then after you arrive see what happens. Inshallah your partner will interview while you are in country and that will lead to a speedy approval... if not you can always change course if a denial is on the cards and switch to the CR1... 

Inshallah, thank you so much!

[carmel34 3,531]

40 minutes ago, rocky95 said:

The last time we saw each other was the December before all of COVID. 

 

 

Why is it not a good idea?

K-1 for Algeria can be highly scrutinized, especially if the last time you saw each other was December of 2019.  Evidence of one visit within two years of filing the I-129 is the minimum requirement, but sometimes it is not sufficient for difficult embassies.  There's no way to know for sure.