k-1 while family petiton in process

[tammy_sheldon 1]

My friend and her fiance want to file a k-1 visa. The problem is his mother (who has perm residence in the U.S.) filed for a family petiion in August 2009. the country is Jamaica...their relationship started 6 months before the family petition was filed....and there is proof of meeting in person March and August of 2009, as well as phone conversations. He has also filed for two travel visas in the last year to come see her and was denied...There is proof that their relationships started before any of his filings...and his intentions have all been to come see her.

So, Can you file a finace visa when a family petition is in process? And if so, will there will be any probems...or do you think they should just wait for the family petition to go through. Any idea how long that takes?

[L&V 1]

My friend and her fiance want to file a k-1 visa. The problem is his mother (who has perm residence in the U.S.) filed for a family petiion in August 2009. the country is Jamaica...their relationship started 6 months before the family petition was filed....and there is proof of meeting in person March and August of 2009, as well as phone conversations. He has also filed for two travel visas in the last year to come see her and was denied...There is proof that their relationships started before any of his filings...and his intentions have all been to come see her.

So, Can you file a finace visa when a family petition is in process? And if so, will there will be any probems...or do you think they should just wait for the family petition to go through. Any idea how long that takes?

I believe you can file a K-1 fiance visa while he's also under a pending I-130 from his mother. HOWEVER, I have not been able to locate the official regulation on this topic; so please double-check. Also, just be sure that there is full disclosure on the second petition that the first petition was filed and remains pending (he will will asked: "has anyone ever filed a immigration visa on your behalf?".

[pushbrk 13,248]

My friend and her fiance want to file a k-1 visa. The problem is his mother (who has perm residence in the U.S.) filed for a family petiion in August 2009. the country is Jamaica...their relationship started 6 months before the family petition was filed....and there is proof of meeting in person March and August of 2009, as well as phone conversations. He has also filed for two travel visas in the last year to come see her and was denied...There is proof that their relationships started before any of his filings...and his intentions have all been to come see her.

So, Can you file a finace visa when a family petition is in process? And if so, will there will be any probems...or do you think they should just wait for the family petition to go through. Any idea how long that takes?

Sure.