K-129 Fiancé visa approved--but wanting to get married--do we still need to file a new form I-130?

[Amy21 0]

Our Fiancé visa visa was approved (K-129) but he is in the country now....and we want to know if we will still have to file form I-130 and pay the $420 fee?

I mean, if we just get married now?

[aleful 1,905]

hi

no, you just have to file the AOS packet with the i485, which costs $1070

[belinda63 3,038]

So you mean he arrived on the K-1 visa or the petition was approved but he hasn't interviewed and just happens to be in the US?

If he came on the K-1 visa you have to get married then file to adjust status ($1070).

If he just happens to be in the US on VWP or a tourist visa you have to concurrent file I-130 and I-485 according to the guides above.

[Hypnos 6,576]

Perhaps you mean the I-129F petition was approved, not the visa.

If you choose to forgo the K-1 then you'd be starting from scratch here in the US, and would need to marry and then file an I-130 and I-485 package, plus a medical, that will cost around $2,000 total. If you're ok with dropping that kind of money then have at it, if not then he should return to the UK and continue the K-1 process.

Edited January 5, 2014 by Hypnos

[KayDeeCee 4,893]

Your I-129F was approved, but he is visiting so you just want to forget about getting the K-1 visa and go ahead and get married and file for adjustment of status now? Is that correct?

[nobbie 105]

you need to fill in your timeline as your original post does not make it clear where you are in the process, whether the visa has been issued or just the petition approved.

If the visa is in his passport then get married and file for AOS,

if he is here on ESTA or tourist visa then be careful about getting married as it could be dodgy given that it may appear he has come in as a tourist but with immigration intent.