Will a K-1 application submission delete previous I-130 submission (merged)

[Victoria2383 0]

Hi everyone!

I am new to this site but I have been reading many posts and they have been so helpful in understanding the K-1 process. I am going through all of this with my fiance and I was hoping someone can help me understand something a little better.

To make my story short, I am US citizen and fiance is from the Ukraine (Kiev) but was in the US on an F-1 student visa when we met and started dating. While we were living together, he and his mother (who has recently became a US citizen as well) applied for I-130 petition for alien relative, then he had to head back to the Ukraine to help his sick grandmother with doctor's appointments and registering her into a facility where she can stay and receive treatments and care. While he was there his I-130 paperwork was processed and now he was told that he will have no issue leaving Kiev but that he will have trouble getting back into the US. I have gone to a lawyer and have just sent out the paperwork for a K-1 visa. My lawyer says that once the K-1 forms are processed and in the system it cancels out the I-130 application and my fiance will be able to come visit the US, using his still open F-1 student visa.

I wanted to know does anyone know if this is true? Does the K-1 erase the I-130 that they submitted? Will immigration let him into the US within a few weeks after the first NOA?

Thank you everyone, for your help!!

[Hypnos 6,579]

Filing an I-129F will not automatically invalidate a pending I-130 filed for the same beneficiary at the USCIS level.

It's possible he will be denied entry on his valid F-1 (for immigrant intent) since he is the pending beneficiary of an I-130.

Edited July 31, 2013 by Hypnos

[baron555 934]

No, that previous visa petition needs to be cancelled.

[Victoria2383 0]

Thank you both so much, for clarifying!

I guess I need to find a new lawyer because when I wrote to her asking her to clarify, seeing as it is impossible for the I-129 to delete the I-130 from my fiance's records. She wrote back that she did not mean that the I-130 could be deleted just because we filed for K-1. She just meant that due to the fact that we filed the K-1, he wouldn't be denied by the consulate because of his I-130. The Embassy can still deny his student visa but it won't be because he previously filed for the I-130. She did not give me any explanation behind her comments. So I am as confused as ever.

If anyone knows what she is talking about please let me know.