More details to this question:
I have K1 visa, valid for 6 months (2 Nov '10 to 30 April '11). But due to certain circumstances, we had to get married in Dec '10 in India. We want to be honest in my visit to the U.S.A. My husband is a US citizen. Please guide me as to how to (the easiest way rather) convert my status and the time taken. Thank you.
2 ANSWERS
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
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No you cannot convert a K1 to a K3. If you enter the US using the K1 when you are already married you are committing immigration fraud and could be denied your Green Card when you apply for adjustment of status. Since are now married you husband has to file an I-130 petition for you, then after that he can file K3 petition. The process will take at least 6 to 12 months.
Answered on Feb 28th, 2011 at 2:51 PM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
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You have to restart from the beginning. Your American spouse must file an I-130, wait for the approval, wait for file transfer to the nAtional Visa Center, do the consular process. You will be scheduled for an immigrant visa. (Right now, the USCIS is approving K-3 petition I-129F and I-130 at the same time, so there is no more K-3 for now). It might take you 9-15 months. Good luck.
Answered on Feb 28th, 2011 at 2:51 PM