Advice needed!!

[SweetDefiance 0]

I just sent away my I-129, and so far they havn't done anything with it. With all these delays i'm wondering if we can just get married then he won't have to leave and we'll file for an I-130. Is this an option or is it to late because we already sent out the I-129??

Also, can you have a co-sponsor with the I-130 visa?

[julia5k 0]

We are in the same situation. I am the fiancee and currently in USA on a work visa. My fiance filed i-129f, and I was planning to go to my home country for the interview, then get back and get married. But now we are not sure of how long it will take, so the back-up plan is to get married while I am still here and then file I-130. I didn't find any info that this was illegal or impossible.

[SweetDefiance 0]

We are in the same situation. I am the fiancee and currently in USA on a work visa. My fiance filed i-129f, and I was planning to go to my home country for the interview, then get back and get married. But now we are not sure of how long it will take, so the back-up plan is to get married while I am still here and then file I-130. I didn't find any info that this was illegal or impossible.

Will it affect the I-130 though with pending I-129's out?

[Ladylethal 12]

I´m not entirely sure but I think I read that if you give up going the K1 road, you´ll have to let them know of that decision, and then file another I-129F with the I-130. Don´t you have to submitt a different information if you are married to the USC?

[julia5k 0]

We were thinking we could cancell I-129f before sending I-130. I don't think it should affect anything, on I-129f we already put that I am currently in US, so they know I am here.

[SweetDefiance 0]

We were thinking we could cancell I-129f before sending I-130. I don't think it should affect anything, on I-129f we already put that I am currently in US, so they know I am here.

Yeah we put on ours that hes here right now as well. But won't it look "fishy" if we file for I-130s after cancelling I-129's...can't they use that against us and say hes obviously here to marry you which is illegal

[julia5k 0]

Yeah we put on ours that hes here right now as well. But won't it look "fishy" if we file for I-130s after cancelling I-129's...can't they use that against us and say hes obviously here to marry you which is illegal

I don't know, but there are people that cancell I-129f for fiance and then go to fiance's home country, get married, come back and refile I-129f for a spouse. Is it not the same thought process? I mean, they could always say - well, you got married. What if you just could not wait?

Edited May 26, 2006 by julia5k

[SweetDefiance 0]

Yeah we put on ours that hes here right now as well. But won't it look "fishy" if we file for I-130s after cancelling I-129's...can't they use that against us and say hes obviously here to marry you which is illegal

I don't know, but there are people that cancell I-129f for fiance and then go to fiance's home country, get married, come back and refile I-129f for a spouse. Is it not the same thought process? I mean, they could always say - well, you got married. What if you just could not wait?

I don't know. I was hoping someone on here did

[SweetDefiance 0]

Have you actually heard of anyone doing this before? Having already filed for I-129 then cancelling it because they got married in the mean time?!

Does that work?? What if we got married in Canada instead of here then filed for the I-130 instead would that work?

[meauxna 15]

hi, it seems like you all are confused by a couple of things.

The Fiance process is separate and unique. The foreign fiance must stay unmarried to be able to enter the US with a K-1 visa. The first step for a K-1 visa application is an I-129f petition (I know you know this, bear with me).

If you decide that getting married first is the most important, the I-129f that has been filed dies and is of no use to you. Since you're now married, you begin the spousal process. The first step for a spousal visa is an I-130 petition. Once you've received notice of that one, you are free to file an *additional* I-129f *for a spouse*. It is the same form as the fiance's, but with a different purpose. The couple now has 2 petition/visa paths working for them (both for spouses only).

-The I-130 can go all the way on its own. The visa applied for will be an immigrant visa (green card) usually called CR-1 here.

-The I-129f *might* get done first. If so, the visa applied for will be a K-3 non-immigrant visa. That visa might get you to the US faster, but you will not be 'done'.

I just sent away my I-129, and so far they havn't done anything with it. With all these delays i'm wondering if we can just get married then he won't have to leave and we'll file for an I-130. Is this an option or is it to late because we already sent out the I-129??

Also, can you have a co-sponsor with the I-130 visa?

I don't know your story, but what you write makes it sound as it your foreign fiance is in the US on some non-immigrant status now. If that is so, you should see an immigration attorney before you decide to get married and file an I-130 & not have him leave. I seem to remember you asking about this before, but I'll tell you, online chat rooms are not the place to make that decision: see a pro first.

We are in the same situation. I am the fiancee and currently in USA on a work visa. My fiance filed i-129f, and I was planning to go to my home country for the interview, then get back and get married. But now we are not sure of how long it will take, so the back-up plan is to get married while I am still here and then file I-130. I didn't find any info that this was illegal or impossible.

If you are in the US on a non-immigratn option that allows you to adjust status, you are wasting your time with the I-129f. The purpose of the K-1 is to bring you to the US to get married and adjust status. You are already in the US!

On its face, there is nothing wrong with you getting married and filing to adjust status. Again, YOU should see a lawyer and move accordingly.

A lot of people here poo-poo the lawyer thing; I think you 2 are a great example of how a hundred dollar investment BEFORE you file, marry or make plans could ctually SAVE you money and time.

julia: if you are on a J-1 visa, be aware that there could be limitations on your adjusting status, that's why it's important to consult with a lawyer and go over all of your immigration history first. What type of work visa are you here with?

[julia5k 0]

I am here on vaid H1b. I know that we can get married now and then I can apply for AOS based on marrige. But I have to travel to my home country to take care of some stuff, and because we will be moving to a different town I will not be able to keep my job, thus I can't come back on my H1b work visa. That is why we chose to file for Fiancee visa. IF I DON't go home now, I will not be able to go for a long while. I woun't go to detail,but it has to do with exit visas and residency stams from MY gov't. I would rather go now, before I am married and take care of all of that. I still have time until my trip, and now we have I-129f pending. If some things change (meaning my stuff at home), we are going to cancell I-129f, get married and then file I-130 and AOS. I hope I didn't confuse you with all this.

1. To answer your earlier question: if anyone has actually done it, I don't know, but I may have to attempt it, because I don't have a choice.

2. But people have actualy done this: Cancelled pending I-129f for fiance, got married in fiance's home country, filed I-130 and I-129f for spouse.

If you get married in Canada, then you have to cancell you current I-129f for fiance, and will have to file I-130 and I-129f for spouse. But he will not be able to return to the States with you until the process is complete.