The K-1 process is long and often tests the will of many couples who simply want to marry each other. An unfortunate result of the delay is that many couples who have filed a K-1 visa decide to get married before the K-1 visa is approved These couples, who just want to get married, wrongly believe that they can simply change their K-1 visa into a K-3 visa. The K-3 visa allows for a spouse of a U.S. citizen to enter into the United States. Unfortunately, the K-1 visa cannot be changed to a K-3 visa. In fact, a K-1 visa will be denied if a couple gets married before the K-1 visa is approved (or if the couple gets married before the foreign national enters the United States on a k-1 visa).
K-1 visa lawyer Chris Gafner recently reviewed a K-1 visa opinion where a couple got married before the K-1 visa was approved. In the opinion, the Yemeni fiancee and the U.S. Citizen got married before the K-1 visa was approved and had their I-129f application denied. It is unfortunate that the couple suffered because they simply wanted to get married. If you are planning on filing a K-1 visa, please consult a K-1 visa lawyer to ensure that you don’t make a similar mistake. The opinion is available on the USCIS website. Mr. Gafner took no part in the case.
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