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K1 to K3 query

edited May 2016 in - Tunisia
Why can you not change an k1 approved visa petition to a k3 without having to start all over. Everything is at the embassy In Tunisia awaiting approval for interview.
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Comments

  • @Beebe, we have some wonderful Tunisia experts who may be able to help you, but please can you give us more information? What is your nationality and a what exactly is your situation?
  • I am an American and live in USA. we had processed and been approved for the k-1 visa. It was sent to the US embassy in Tunisia for interview and awaiting for their approval. Next month will be 1 yr. we married last month in Tunisia. What I have read is that we have to start all over. But I am hoping I am wrong on that. Pls any advice will be appreciated! Thank you
  • @Beebe

    Just to make this clear to other members K1 and K3 are fiance and spouse visas for the USA

    You have made a serious mistake by getting married. The K1 visa is a fiance visa and as you are now married the K1 will be refused and you will need to reapply for a K3 spouse visa.You cannot switch from one visa to another
  • Thank you. Do I need to cancel The k1?
  • @Beebe
    If you want to apply for the K3 as you are already married then you have to cancel the K1 and reapply.
  • Alethia,
    Since I have to start over. Should I do a K-3 petition or just file a I-130 petition for Alien Relative and a G-325A. Thank you for any help!
  • @Beebe
    Submit the I-130 petition. When the Notice of Action that they have received your petition arrives, make a copy of that notice and submit an I-129f along with the photocopy of the I-130 receipt. The I-129 will normally be approved first. It will pass through the NVC in a matter of days and on to the consulate where an interview for a K3 visa will be set up.

    You do realise that by rushing into marriage in Tunisia you have caused you and your husband , a longer waiting period causing more stress and more money to be paid in extra fees. The K1route is the fastest and simplest route you are now back to square one. Good luck.
  • Thank you! And no we did not realize that. Should have waited but it is to
    Late now. Thank you again for the help and advice should have ask before we married. Another lesson learned. Have a great day
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