Can I convert a K1 visa to a K3 visa? 4 Answers as of March 06, 2011

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.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You have a K-1 visa. Once obtained you have: 1) 90 days to marry, which you did; and 2) six months to obtain your visa and travel to the USA. Once you arrive in the U.S., show the proof of marriage, which can happen in India, to file for adjustment of status under I-485. If you wish the help of an attorney, you may feel free to contact me via e-mail or phone, to set up an consultation. Best to you.
Answer Applies to: California
Replied: 3/6/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
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.
Answer Applies to: California
Replied: 2/28/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
You cannot transfer a K-1 to a K-3 petition. You now need to restart if your marry. For a free consultation contact my office.
Answer Applies to: Florida
Replied: 2/28/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
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.
Answer Applies to: California
Replied: 2/28/2011
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