Hi members,

I just had a question regarding my friends case. She had filed a 129F petition in 2005 and her fiance had his case approved and interview in 2006. The embassay of the fiances residence advised him to wait and he will be notified regarding his visa. Well its been in FBI security check since then for almost two years now and INS has no answer for her just telling her to wait and theres nothing they can do, she has written to senators and representatives all over with no luck. Since filing her petition almost 3 years ago she has gotten married to her fiance and is it better for her to file a fresh spouse petion from scratch(I130)....any advice would be greatly appreciated.

Thank you

Well, the K1 is now void if they are married as it is only a fiance visa to enter the US with the intention of marriage.... so she would have no choice but to file for a spousal visa now.

There are some consulates who put people in administrative processing for a long, long time. You'd be best served visiting those regional forums here on VJ and getting advice from those who have had to deal with your friends fiance's consulate.

As far as I know she cannot file a spousal visa unitl the fiance visa is closed out. Having 2 petitions open is a definite no-no.

She will have to get that petition withdrawn before starting another petition.

I don't know how the namechecks for the spousal visa will be affected though.

The name check process is the same, whether it is for a K-1 or a K-3.
So even if they start fresh with a new petition, there is going to be a hold up in name check.

And since they are already married, the K-1 and the waiting involved for it now is pointless.
They need to withdraw that petition before doing anything else.