For a US citizen that has started the I 129F petition process to bring their fiancé to the United States, marriage 100% of the time is on the couple’s mind. The couple seriously wants to get married and spend the rest of their life together.
After some searching online, a US citizen generally falls upon some information regarding proxy marriage or a virtual marriage in Utah. But then, the question arises, what happens to the immigration process if the couple were to Mary’s before receiving the K-1 fiancée visa? This post will discuss what to expect and what would need to be done next.
Can the I-129F petition automatically become an I-130 petition?
In short, no! Even though the forms are one number off, the filing fees are the same, and they are pretty similar seeing how they create Immigrant Visas, but the reality is that marriage would eliminate eligibility for the I129F, and the US government does not have an automatic upgrade policy to the I-130 petition from the I-129F petition.
What if I did a K3 visa?
A K3 visa is extremely rare. Information on the statistical data of how many are issued a year could be found here: https://www.fickeymartinezlaw.com/immigration/consular-processing/k-3-visa-2019-fiscal-year-the-ever-diminishing-visa-option/
Additionally, it is important to note that a K-3 visa generally costs twice as much and over twice as long to process an Immigration filing, compared to the I130 consular process to receive a CR1 visa or IR1 visa.
Lastly, even if you were requesting a K-3 visa, the immigration system would most likely “administratively close” the I-129F request and push the filing towards the IR1 visa or CR1 visa, since they are in your best interest.
Related Blog Post:
Virtual Utah Marriage: Alternative to a Proxy Marriage for Immigration Purposes
Can a K1 Fiance Visa Holder legally work after getting married?
Common K1 Visa Question: Who Schedules the K1 Visa Interview?
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