changing status of f1

[wingspan]

What is the name of your state? TX I applied for a fiance visa last year , but we got married before we got reply on the f1 status which took almost a year. She has an appointment at the US embassy in the philiipines but we do not know if we need to reaaply for new status or if she should miss the appointment. What should we do?

 

[ImmigAttyLana]

It's really not clear what you are asking because you mention the fiance visa but then you also mention F-1 visa which is a student visa. What is it that you are applying for and what is the actual question?

 

[wingspan]

re: change of f1 fiance visa

State is Tx. Sorry for not being to clear initially. I applied for a fiance visa and she got interview appointment for medical and visa interview. The problem is that we got married about half way during the whole process that took about a year. Now that we are married will we need to start the process over again as being married for the k1 visa? Do we still go to appointment or call to let them know her status changed? Not sure what process is now. Thanks.

 

[ImmigAttyLana]

If you are now married, then you can no longer apply for a fiancee visa. You now would have to apply for the spouse visa (K-3) after having submitted a I-130 immigrant relative petition. This process will be possibly longer than the fiancee visa petition, since the K-3 petition is currently taking about 7 months.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[wingspan]

Re:change of k1 to k3 visa

Thank you for your reply. We are going to apply for the k3 visa since we are married and submit the I-130. should we miss the appointment she has at the embassy for the k1 visa? tried to call them...but no answer. manila embassy hard place to call. Someone told me if u miss an appointment,..then never give u another. thanks.

 

[ImmigAttyLana]

If you cannot contact the embassy before hand, you can appear for the interview and explain the changed circumstances. Obviously they will not interview you for the K-1 visa if you are no longer eligible but at the same time you will not be deemed to have missed the interview and it will not reflect negatively on future applications for other visas.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.