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Fiance is under I-130 petitioned by his mom

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Bebot Rookie

Bebot   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
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My fiance is under petitioned by his mom who lives here in US. Now I am going to file my I-129f for him. Will the petition of his mom will have a conflict to the i-129f application that I will send? He is over the age of 21, so we know that he'll wait for more than 6 years on his mom's I-130 petition. They also said that i can use the A# that USCIS already issued for my fiance. Is it true? When do the beneficiary get his A#, is it during the approval of the I-130 or when he's here already in the united states applying for the green card?

Winning23 Enthusiast

Winning23   25

Posted
Filed: K-1 Visa Country: Pakistan
 Timeline
Posted

My fiance is under petitioned by his mom who lives here in US. Now I am going to file my I-129f for him. Will the petition of his mom will have a conflict to the i-129f application that I will send? He is over the age of 21, so we know that he'll wait for more than 6 years on his mom's I-130 petition. They also said that i can use the A# that USCIS already issued for my fiance. Is it true? When do the beneficiary get his A#, is it during the approval of the I-130 or when he's here already in the united states applying for the green card?

Yes that is conflict. Either you do not file your I-129 or ask his mom to write to withdraw her petition. Check with a lawyer first before filing, as it will cause problems.

Secondly, the mom can much quickly her son into USA versus you petitioning for him. Children of US Citizens are processed much faster.

I-129F Sent : 2011-07-06

I-129F NOA1 : 2011-07-08

I-129F NOA2 : 2011-09-29

NOA2 Approved: 2011-10-01

NOA2 Paper Recv: 2011-10-03

NVC Recv: 2011-10-17

NVC to Embassy Sent: 2011-10-19

Embassy Recv Packet: 2011-10-21

Packet 3.5 Recv'ed: 2011-11-03

Packet 3.5 Sent: 2011-11-05

Interview Date: 2011-12-19

K1 Issued 2012-01-13

POE 2012 -03-14

Marriage 2012-03-19

SSN Received 2012-04-09

Filing AOS 2012-04-11

Biometrics Completed 2012-05-17

EAD Card Received 2012-07-02

Green Card Interview 2012-08-02

Card in Hand 2012-08-14

*******************************************

DONE WITH K1!!!!!!!!!

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

Yes that is conflict. Either you do not file your I-129 or ask his mom to write to withdraw her petition. Check with a lawyer first before filing, as it will cause problems.

Secondly, the mom can much quickly her son into USA versus you petitioning for him. Children of US Citizens are processed much faster.

You are completely wrong.

There is no conflict. A beneficiary can have more than one petition. It is perfectly okay for mom to file an I-130 for him and his fiancee to file an I-129f for him. Withdrawing the I-130 is a horrible idea. There is no need to withdraw anything. Do not cancel the I-130 until the son has a green card in hand. There is no need to check with a lawyer.

It is much faster for a US citizen to petition for a fiancee than an LPR or US citizen to petition for an unmarried son over age 21. It takes about 6-12 on average for the US citizen to petition for a fiancee. It takes about 6-8 years for an LPR or US citizen to petition for an unmarried son over age 21.

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

My fiance is under petitioned by his mom who lives here in US. Now I am going to file my I-129f for him. Will the petition of his mom will have a conflict to the i-129f application that I will send? He is over the age of 21, so we know that he'll wait for more than 6 years on his mom's I-130 petition. They also said that i can use the A# that USCIS already issued for my fiance. Is it true? When do the beneficiary get his A#, is it during the approval of the I-130 or when he's here already in the united states applying for the green card?

The I-129f will not create any conflict because a beneficiary can have more than one petition filed for him/her.

Who is "they" that told you you could use the A#?

I would answer "n/a" or "none."

 
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