I-129F & K1 Visa Approved Unable to MARRY in 90 days (OPTIONS?)

[LagrimasDeAmor 0]

My fiancee had an I129F and K1 visa approved and she came into the US but had to go back before getting married (90 days period) due to a death in her family. Need help on what are my options do I re-filed I129F and file a new petition all over again or its my safest bet to get married and file I-130 (petition her as wife). Has anyone had this type of situation. Please advise.

[Boggy1974 124]

My fiancee had an I129F and K1 visa approved and she came into the US but had to go back before getting married (90 days period) due to a death in her family. Need help on what are my options do I re-filed I129F and file a new petition all over again or its my safest bet to get married and file I-130 (petition her as wife). Has anyone had this type of situation. Please advise.

No, haven't been in your situation before but I think there are a few things to note here.

Based on the fiance(e) visa regulation/law, if the beneficiary arrives here and you fail to get married within the 90-day window, the visa becomes dead and the benefiaciary would have to leave the country. So it's a good thing that your fiancee is back in her home country, otherwise she would be facing removal proceedings. Therefore, understand that, that visa or petition is dead and you have to file a new I-129F petition all together again if you choose to go I-129F.

Personally, I prefer the I-130 route much better. Of course that means if you can travel to her home country to go get married to obtain the marriage certificate and other important documents to proof bonafide of the relationship. You will also have proove financial co-mingling, joint ownership or property, lease showing common residency, BC of child(dren), affidavits sworn or affirmed by third parties with knowledge of your relationship and other relevant documentation that establishes marital union as found on the USCIS website. This is the link in case you want to go the I-130 http://www.uscis.gov/files/form/i-130instr.pdf.

Good luck to you either way!

Edited January 25, 2013 by Boggy1974

[Penguin_ie 5,994]

**** Moving from K3 (an obsolete visa) to K1 as question is about fiance visa rules ***

How long has it been since she left the USA, and is she ready to come back? If it is still within the 90 days, contact the local US embassy as there is a chance they may give her a new K1. If it's been more than 90 days, then the quickest would be for you to file another K1 petition, you can get started today. But the CR-1 spousal visa has distinct advantages (cheaper, gets a greencard right away so she can travel should another emergency arise), so if you are not in a hurry, I'd go for that.

[LagrimasDeAmor 0]

No, haven't been in your situation before but I think there are a few things to note here.

Based on the fiance(e) visa regulation/law, if the beneficiary arrives here and you fail to get married within the 90-day window, the visa becomes dead and the benefiaciary would have to leave the country. So it's a good thing that your fiancee is back in her home country, otherwise she would be facing removal proceedings. Therefore, understand that, that visa or petition is dead and you have to file a new I-129F petition all together again if you choose to go I-129F.

Personally, I prefer the I-130 route much better. Of course that means if you can travel to her home country to go get married to obtain the marriage certificate and other important documents to proof bonafide of the relationship. You will also have proove financial co-mingling, joint ownership or property, lease showing common residency, BC of child(dren), affidavits sworn or affirmed by third parties with knowledge of your relationship and other relevant documentation that establishes marital union as found on the USCIS website. This is the link in case you want to go the I-130 http://www.uscis.gov/files/form/i-130instr.pdf.

Good luck to you either way!

THANKS A MILLION for taking your time to provide advise, it helps a lot, thanks for the link as well. She is been back there for some time working and saving to start this process all over again. i think we are going the I-130 route. I will keep you posted.

[LagrimasDeAmor 0]

**** Moving from K3 (an obsolete visa) to K1 as question is about fiance visa rules ***

How long has it been since she left the USA, and is she ready to come back? If it is still within the 90 days, contact the local US embassy as there is a chance they may give her a new K1. If it's been more than 90 days, then the quickest would be for you to file another K1 petition, you can get started today. But the CR-1 spousal visa has distinct advantages (cheaper, gets a greencard right away so she can travel should another emergency arise), so if you are not in a hurry, I'd go for that.

THANKS A LOT, yes its been over 90 days. I have read some more after your reply and as far as costs, its almost half, So I am inclined to go and get marry with her next month and file the I-130. We already spent a lot of money so we need to save any way we can. The most important thing is that our relationship grew stronger. SO thanks and best wishes for you..

Edited January 29, 2013 by LagrimasDeAmor