We filed for K-1 but now want to get married

[canabird 0]

I live in Canada and my fiance is in the U.S. He filed for K-1 in July (strangely, he hasn't even gotten delivery confirmation yet), but my mother has advanced cancer and may not be able to wait till February when our petition is (hopefully) processed.

My fiance is coming for a visit next week, and wants to know why we can't just get married-- here in Canada --before he returns to the U.S. I know the wait is a little longer for the K-3, but if that's all, I guess I can live with it so my mom can be there.

Is it legal to do this, and can cancelling the K-1 and re-applying for K-3 be done without repercussions?

Thanks so much. CB

[payxibka 10,044]

I live in Canada and my fiance is in the U.S. He filed for K-1 in July (strangely, he hasn't even gotten delivery confirmation yet), but my mother has advanced cancer and may not be able to wait till February when our petition is (hopefully) processed.

My fiance is coming for a visit next week, and wants to know why we can't just get married-- here in Canada --before he returns to the U.S. I know the wait is a little longer for the K-3, but if that's all, I guess I can live with it so my mom can be there.

Is it legal to do this, and can cancelling the K-1 and re-applying for K-3 be done without repercussions?

Thanks so much. CB

[RandyandRina 2]

I have once read a specific posts about filing a K-1, and then deciding to marry before it is approved. From my understanding, if you filed for a K-1 visa and you decided and went through with getting married, that means abandoning your K1 visa. This is the reason why K-1 is a FIANCE/FIANCEE VISA.

Once I see that post from here in VJ, I will send you the link.

[RandyandRina 2]

As promised, here are the 2 links that clearly states you can not marry when you have a K1 visa pending.

http://www.visajourney.com/forums/index.php?showtopic=80089

http://www.visajourney.com/forums/index.php?showtopic=300

Good luck!

[Carlawarla 1]

Yes you can. You're right, you'd have to abandon the K-1 and reapply for a K-3, which will mean new fees. I can see your dilemma though.

What a lovely gift to give your Mother. I'd go for it!

Carla

As promised, here are the 2 links that clearly states you can not marry when you have a K1 visa pending.

http://www.visajourney.com/forums/index.php?showtopic=80089

http://www.visajourney.com/forums/index.php?showtopic=300

Good luck!

That's if you marry, and then still try and go through the rest of the K-1 process. Her question is not the same situation at all.

Carla

[payxibka 10,044]

As promised, here are the 2 links that clearly states you can not marry when you have a K1 visa pending.

http://www.visajourney.com/forums/index.php?showtopic=80089

http://www.visajourney.com/forums/index.php?showtopic=300

Good luck!

What this means is that you cannot receive and/or enter the USA on a K-1 fiance(e) visa if you are married.

If your personal situation changes mid stream there is no problem cancelling or abandoning your current in process petition (because you no longer meet the requirements) and re-petitioning for the correct visa type.

[Mr and Mrs Bird 0]

I can tell that we had the same feelings too when after applying for K-1. But was told that if married while waiting we would maybe ran into problems and frustrations and delay our case badly. Why would you even waste those money on a K-1 and start over?

Why not go through this K-1 procedure and look forward to be married. It's just a matter of patience

[Carlawarla 1]

I can tell that we had the same feelings too when after applying for K-1. But was told that if married while waiting we would maybe ran into problems and frustrations and delay our case badly. Why would you even waste those money on a K-1 and start over?

Why not go through this K-1 procedure and look forward to be married. It's just a matter of patience

Who knows how long it will be to get an interview in Canada. Her mother is in advanced stages of cancer and by the time the Visa is approved her Mother might not be around...

Just my opinion, but I think I'd forgo the K-1 to have my Mother see me get married.

Carla

[Mr and Mrs Bird 0]

I can tell that we had the same feelings too when after applying for K-1. But was told that if married while waiting we would maybe ran into problems and frustrations and delay our case badly. Why would you even waste those money on a K-1 and start over?

Why not go through this K-1 procedure and look forward to be married. It's just a matter of patience

It's wonderful that you are thinking of your mother. But your K-1 will be done before february if it's a simple case without any background issues that will delay your case

[Lona.C. 16]

I can tell that we had the same feelings too when after applying for K-1. But was told that if married while waiting we would maybe ran into problems and frustrations and delay our case badly. Why would you even waste those money on a K-1 and start over?

Why not go through this K-1 procedure and look forward to be married. It's just a matter of patience

It's wonderful that you are thinking of your mother. But your K-1 will be done before february if it's a simple case without any background issues that will delay your case

her case will not be done by feb ( look at my timeline and others who go trough Montreal )

, shes toronto so her case will be processd in Montreal , and since they just filed in july , Montreal has a backlog of 5- 7 month " After" they resive package 3 back,

My case was put in MTL system 31 july and I send package 3 to them a week before ,and I wont get an interview till dec or jan , I say go for it if its doable give your mom that gift to be with you guys on the wedding , good luck Lona

[bszoom42 0]

If your personal situation changes mid stream there is no problem cancelling or abandoning your current in process petition (because you no longer meet the requirements) and re-petitioning for the correct visa type.

This is very good advice. The visa process should match your plans. Cancel the petition in writing, citing your change of plans, and refile for the K-3.

I think you can send the K-1 cancellation and the new K-3 filing at the same time - I don't believe there is any requirement to wait for the K-1 to be cancelled as long as you properly annototate such in the correspondance.

[ApprovalPlease 0]

I can tell that we had the same feelings too when after applying for K-1. But was told that if married while waiting we would maybe ran into problems and frustrations and delay our case badly. Why would you even waste those money on a K-1 and start over?

Why not go through this K-1 procedure and look forward to be married. It's just a matter of patience

Who knows how long it will be to get an interview in Canada. Her mother is in advanced stages of cancer and by the time the Visa is approved her Mother might not be around...

Just my opinion, but I think I'd forgo the K-1 to have my Mother see me get married.

Carla

I agree, Get married, Call up USCIS and tell them you want to abandon your K1, I am sure there is process for it (This can't be the first scenario of this) Then go ahead and apply for K3. The frustration of not meeting for a little longer is far better than the frustration of not having your mom see your wedding. Besides you guys live in US and Canada, you don't even need a visa to see each other while waiting for your K3.

If my wife is in Canada, I would have flown every weekend to see her, to India it kinda takes the entire weekend just to get there.

Go with K3, Sorry about your mom, Good luck with everything.

Edited August 24, 2007 by ApprovalPlease

[Lona.C. 16]

I can tell that we had the same feelings too when after applying for K-1. But was told that if married while waiting we would maybe ran into problems and frustrations and delay our case badly. Why would you even waste those money on a K-1 and start over?

Why not go through this K-1 procedure and look forward to be married. It's just a matter of patience

Who knows how long it will be to get an interview in Canada. Her mother is in advanced stages of cancer and by the time the Visa is approved her Mother might not be around...

Just my opinion, but I think I'd forgo the K-1 to have my Mother see me get married.

Carla

I agree, Get married, Call up USCIS and tell them you want to abandon your K1, I am sure there is process for it (This can't be the first scenario of this) Then go ahead and apply for K3. The frustration of not meeting for a little longer is far better than the frustration of not having your mom see your wedding. Besides you guys live in US and Canada, you don't even need a visa to see each other while waiting for your K3.

If my wife is in Canada, I would have flown every weekend to see her, to India it kinda takes the entire weekend just to get there.

Go with K3, Sorry about your mom, Good luck with everything.

thats right they dont need a visa passport is all they need , but you should bring prove that you will return to canada and you have ties there ,( like return ticket , bills , and stuff ) also keep the tickets you will need to show it at the interview when they want to see prove you met in person,

[radsr2002 0]

By all means get married for your Mother.

Just make sure you contact the USCIS and tell them you want to abandon your K1!

Good luck and best wishes.

Rick

[pushbrk 12,152]

By all means get married for your Mother.

Just make sure you contact the USCIS and tell them you want to abandon your K1!

Good luck and best wishes.

Rick

An option you may or may not like is simply to have a wedding ceremony without the legal or visa process related ramifications of marriage. This would honor your Canadian family members and keep your process going. I realize this isn't for everybody. It wouldn't work for me but you may want to give it some consideration.

I'll add my assurance to that of others and say, you absolutely can marry, then withdraw your fiance visa petition and start a spouse visa process. It is a frequent occurance.

Edited August 24, 2007 by pushbrk