Ray, please help

[Troy]

My novia has now changed her mind again and wants me to marry her in Peru.  We have already filed the application for the fiancee visa, not a spousal visa.  This was done 2 months ago.

If I marry her in June, will this cause a problem with US Immigration?  What would I need to do as far as the applications are concerned?

[Troy]

... in response to Ray, please help, posted by Troy on May 7, 2004

.

[Ray]

... in response to Ray, please help, posted by Troy on May 7, 2004

Troy,

If you marry down there, she can not use the fiancée visa. For a K-1, she MUST be single when she arrives in the States.

I would keep the K-1 going just in case she changes her mind again, but when and if you marry outside the U.S., the K-1 will be no good like Harold said, so you will need to cancel it in writing by notifying either the USCIS service center or the U.S. embassy, depending on where the petition is at the time.

After your foreign marriage, you will need to file for a spousal visa with a Form I-130 and optionally for a K-3 visa with a Form I-129F. Find out if the U.S. Embassy in Peru will allow direct consular filing. If so, that is usually the fastest way to go. If not, I would go for a K-3 which usually takes about 4-6 months.

Ray

[Rota20]

... in response to Re: Ray, please help, posted by Ray on May 7, 2004

The K-3 Visa only takes 4 to 6 months to get approved?  I thought it was more like 9 to 12 months?

[HaroldC]

... in response to Re: Re: Ray, please help, posted by Rota20 on May 8, 2004

[This message has been edited by HaroldC]

From receipt of I-129F to approval, but the I-130 has to be filed first and the approved petition has to go through NVC and then to the consulate, so I'd say five to six months.

K1s, however, are taking closer to 60 days, except thru California.

[surfscum]

... in response to Re: Ray, please help, posted by Ray on May 7, 2004

unless it's an unusual case.
Some links:
http://usembassy.state.gov/lima/wwwscidvc.shtml#bookd
http://www.usaimmigrationattorney.com/DCFandnoDCFcountries.html

[HaroldC]

... in response to Ray, please help, posted by Troy on May 7, 2004

Cancel it.
Marry.
File for K3.

[Robian]

... in response to K1 is worthless if you marry., posted by HaroldC on May 7, 2004

why is that?

[HaroldC]

... in response to why?, posted by Robian on May 9, 2004

a can't use it, legally.