I-129F Petition For Alien Fiance DENIED!!! What are my options now???

[G_Money 0]

Hello,

My I-129F petition for alien fiance (for the purpose of getting a K1 Visa) was recently denied by USCIS on the grounds that we are now married and can no longer be considered "fiance" for the purpose of Immigration.

When we started the process oh, 10 months ago, we were indeed engaged and were not sure when we would actually marry. A few months after we submitted the I-129F petition we did marry in her home country. Another 6 months went by and we received a RFE (Request for Evidence). Part of the RFE was the form G-325A which asks applicants to list their spouses. The RFE also asked for proof of intent to marry. Since we were already married we indicated as such and submitted all the evidence of the wedding.This was apparently the basis for denial.

Unfortunately we were ill informed by a legal professional that if we did get married during the process that my (now wife)'s status would be adjusted to spouse from fiance.

In the denial letter we were given the option of appealing the decision using the I-290B form but I'm not sure any of the "reasons" for appeal apply to us.

I would greatly appreciate any info anyone can provide on what our options are.

Thanks a bunch.

-G

[Kastrs 723]

You need to apply for a cr1 visa now. Check the guides. Good luck.

[Ebunoluwa 6,136]

There is nothing to appeal, sorry, you need to re file a CR1 guide is here : http://www.visajourney.com/content/i130guide1

A fiance visa is for fiances and being married invalidates it. Your legal adviser is a nut job. Do the research yourself by following all

steps in the guide.

[G Walters 136]

You have no choice but to apply for the CR1. You will have to start the process over again.

Good Luck.

[Boiler 43,397]

And report the legal person to the State Bar.

[Ebunoluwa 6,136]

And report the legal person to the State Bar.

[TBoneTX 43,020]

*** Thread moved from K-1 Process forum to the CR-1 Process forum. ***

[G_Money 0]

I was afraid of that

Here we go again....

Thanks all!!!!

-G

[Ryan H 3,790]

OP, the denial of the I-129F was proper and trying to appeal would be nothing more than an exercise in futility.

Your only option now is to file the I-130.

I agree with other posters who have said that the person who gave you that horrible "advice" should be reported to the proper authority.

[Adil & Jeanne 296]

and you do need to write a letter staring you withdraw the I 129 and will apply now for I 130 as you have married

can not keep both in the system as the new applicaiton will turn up under your social saying already denied

[Cathi 5,609]

and you do need to write a letter staring you withdraw the I 129 and will apply now for I 130 as you have married

can not keep both in the system as the new applicaiton will turn up under your social saying already denied

no need, the petition was denied. The petition is dead in the water

Edited July 30, 2015 by mimolicious

[Eric & Idalia 56]

Better research by yourself. Personally I don't trust in lawyers. We prefer to do it by ourselves.

Someone already posted the link to the CR1 visa process. If you have any question you can always search it in VJ or post it. Here you can find very useful advice.

Good luck!

[Ebunoluwa 6,136]

no need, the petition was denied. The petition is dead in the water

Deader than a door nail, no withdrawal needed, I agree.

[Filipina warriors 2]

You should have just waited for I129.now you need 10mos more for CR1

[jandjin 19]

One thing that puzzles me is that why couldn't you wait until you get the K-1 visa first?