i posted this in the k3 thread as well, but thought since alot of you guys did k1 visas maybe you could help????


Guys, please help me....I have a friend who hired a lawyer to do her immigration papers, so after jerking her around, blah blah blah...now they have filed them for a k1 visa...and they are actually already married....is this okay??? What will she do from here??? Also, she filed her I129f the day after mine...has an noa1 date of 3/28/07 and hasn't heard another word....I told her to call uscis monday because it is wayyyy over the 180 day mark now, but i am really unsure about k1's....anyone offer any advice???

thanks in advance
jade

Sorry, I don't know. Maybe she should read carefully through the directions for the I129-F...certainly she should call the misinformation line on monday!

I think that you might get more knowledgeable answers (like from an immigration lawyer or paralegal) in another forum, but who knows?

Best of luck to your friend!

Ok...this is what I gathered from a quick read of the I-129F Instructions:

*The I-129F can be used for a K-3, but there are a few differences in how you apply.

*The petitioner also needs to simultaneously submit an I-130 (or have already submitted an I-130?)

*The petition needs to be sent to a different address.

From the info you listed in your post, I don't know if it was submitted correctly. Let's hope that the immigration lawyer knew what he/she was doing, but I think your friend should do some checking up on the situation.

BTW, I have a friend whose immigration lawyer submitted her K-1 petition before she met her fiance in person! Needless to say, their petition was rejected, but they lost MANY months in the process.

Edited to add: Here's the web address for the I-129F instructions:
http://www.uscis.gov/files/form/I-129Finstr.pdf

Does your friend have an I130 filed? The I129F is filed after you received notice from the I130. If the I130 was filed, I think everything is ok but if she is already married and no I130 is filed, i think there could be a problem then. I am surprised that an immigration attorney would make that kind of mistake. I think your friend should contact her attorney and clarify she is married and go from there. I think the worst scenario would be is to withdraw that I129F and do the I130 and after she receives her notice then file for the K3. I hope your friend gets this cleared up.

A k1 visa can not be filed if the couple is married. Period. USCIS or DOS gets wind of this and we are talking serious charges of fraud.

What it sounds like to me though is that is possible your friend is confused about the paperwork and process and does not how to ask the right questions from her attorney to get the best answers. The 129 is usually associated with a fiance visa but it is still necessary to file for the K-3. Maybe she never received the NOA for the I-130?

An 129F usually only takes 100 days or so to process but it is ot unusual for it to take longer. If her NOA1 date is March 28, the the sex month mark is not until next month. In rare cases it can take longer.

I think what your friends needs clarification on is was the 129F filed alone for a K1 visa or was it filed in conjunction with the 130 to apply for the K-3. If she is applying for a K-1 she needs to pull that application and resubmit for a spouse.