K-1 Visa Denied Does anyone know if there's a waiting period to file I-130?

[muñequita y osito 2]

My question is: Is there a waiting time needed between a denied K-1 viSA AND ME FILING a I-130 spouse petition? Please help!!! Here's our story.

My fiance's visa was denied because of a situation that could have been fixed when I filed the petition. We have been together for 2 years. We were both seperated me since 2005 and him since 2007 but we had not gone through the divorce process because of the cost. When we decide we wanted to get married, we both started the divorce process. When we received the divorce sentence from the judge, I called the NVC and asked everything I needed before I sent the petition to the USCIS. They said I should not have a problem because once the judge ruled, the divorce was final. The actual Divorce Decree was created a month after I sent the petition.USCIS approved the petition with the divorce sentence with no problem. Well Dominican Law is very different unfortunetly. When I got to the embassy they made us pay all the fees and fingerprinted my fiance just to tell us that on the date of the petition we were still married because dominican law states your divorce is final once the Divorce Decree is printed. They said it was fraud and the only option I had was to get married in the Dominican Republic and start another petition for him as my husband. This takes about another year and not to mention the cost and how much it hurts to be apart.

I am devestated. We had everything planned for a gorgous Christmas wedding. Now we have to start all over and plan a wedding there.

[heidy 3]

ooh so sorry,well you do not need to wait just get married star the process.really lo siento

[muñequita y osito 2]

ooh so sorry,well you do not need to wait just get married star the process.really lo siento

gracias estoy destrosada.

[Darnell 8,478]

there is no waiting period for filing the I-130 -

however -

you must be married

and

have legal marriage certificate in hand.

[ghanagal 2]

Nope like they said you don't have to wait, hurry up and go get married and good luck next time around. Hope it works out for you.

[muñequita y osito 2]

there is no waiting period for filing the I-130 -

however -

you must be married

and

have legal marriage certificate in hand.

yes thanks This time around I will make sure my MARRIAGE CERTIFICATE IS IN HANDS before I try anything

[DebbyNSeyi 15]

First of all, let me express my sympathy on what you're both going through. I'VE BEEN THERE so I understand! We too had our K1 visa denied back the beginning of this year and had to start all over. If you care to read our story, here's the link:

http://www.visajourney.com/forums/topic/248572-k1-visa-denied-in-lagos-after-8-months-of-ap/

Now, back to your question. Although everyone told us that there was nothing we needed to do in terms of "closing" the I-129F due to the K1-visa denial - since it expires on its own - I strongly advise you to write a letter to the USCIS officially requesting that you withdraw the petition and to close it. I'll tell you why. I did NOT formally request that the I-129f be closed and we went ahead and got married and filed the I-130. However, after reading other peoples experiences and reading the USCIS website, page 16 - http://www.uscis.gov/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance(e).pdf (copy and paste this link, clicking doesn't work), I sent a letter to the Vermont Service Center officially requesting that it be closed since it had been sent back to USCIS for "review". Within a week, the old petition was closed and the new petition was approved. Coincidence? Maybe. But why chance that the old I-129F petition might bottleneck your I-130 petition from being approved? IMO, it's better to be safe than sorry. Don't assume anything. I wish you and your fiance (soon-to-be hubby!) the very best!