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Consequences of marriage before I-129F is completed

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Hello,

My Fiance and I filed for the I-129F in May and waiting for approval. Our package was sent to California for processing and within one month we recived a letter stating our package was accepted for review and processing.

We received a letter a few weeks ago requesting two more passport type photos (not sure why they didn't accept the passport photos we sent with our package), and they wanted to know if we went through an International Marriage Broker (IMB) because we met on Elena's Models (they thought that Elena's Models is an IMB company and it is not).

We would like to forgo the waiting period and marry now. Are their any consequences or scrutiny from the US government that we should be concerned about? Thanks in advance for any advice; this web site is the best.

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There is no immigration without extensive scrutiny from American government. If you get married, you will need to formally withdraw your fiance visa, and then file for a CR1.

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If you marry, you will not qualify for a K-1. You will have to start over with an I-130 petition and do Consular Processing for an immigrant visa.

How will Customs and Immigration view the marriage? My Fiance from Russia has a three year B1 / B2 Visa and has visited me three times for a total of about 8 months. I am concerned they might view the marriage as an "intent" thereby constituting possible fraud.

What is the average processing time for approval of a I-130 petition and Consular Processing for an immigrant visa? Thanks

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The information given is correct. You are VERY close to the end of this process if it continues to go smoothly. Those are easy RFE's to respond to. If you get married, as stated, the USC will have to file a spousal visa which can take a year or longer. You will be waiting less time if you continue the process you're on.


Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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The information given is correct. You are VERY close to the end of this process if it continues to go smoothly. Those are easy RFE's to respond to. If you get married, as stated, the USC will have to file a spousal visa which can take a year or longer. You will be waiting less time if you continue the process you're on.

The following is a thread I just read and it answers my question. It is very risky to get married while you have an I-129F in processing. See below
Thread Title. I-129F Petition For Alien Fiance DENIED!!! What are my options now???
Hello,
My I-129F petition for alien fiance (for the purpose of getting a K1 Visa) was recently denied by USCIS on the grounds that we are now married and can no longer be considered "fiance" for the purpose of Immigration.
When we started the process oh, 10 months ago, we were indeed engaged and were not sure when we would actually marry. A few months after we submitted the I-129F petition we did marry in her home country. Another 6 months went by and we received a RFE (Request for Evidence). Part of the RFE was the form G-325A which asks applicants to list their spouses. The RFE also asked for proof of intent to marry. Since we were already married we indicated as such and submitted all the evidence of the wedding.This was apparently the basis for denial.
Unfortunately we were ill informed by a legal professional that if we did get married during the process that my (now wife)'s status would be adjusted to spouse from fiance.
In the denial letter we were given the option of appealing the decision using the I-290B form but I'm not sure any of the "reasons" for appeal apply to us.
I would greatly appreciate any info anyone can provide on what our options are.
Thanks a bunch.

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It is not risky, you just will start with a different process, takes about a year.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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See the great many threads in the IMBRA subforum for how to answer the RFE.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Hello,

My Fiance and I filed for the I-129F in May and waiting for approval. Our package was sent to California for processing and within one month we recived a letter stating our package was accepted for review and processing.

We received a letter a few weeks ago requesting two more passport type photos (not sure why they didn't accept the passport photos we sent with our package), and they wanted to know if we went through an International Marriage Broker (IMB) because we met on Elena's Models (they thought that Elena's Models is an IMB company and it is not).

We would like to forgo the waiting period and marry now. Are their any consequences or scrutiny from the US government that we should be concerned about? Thanks in advance for any advice; this web site is the best.

You are already at the RFE stage, all you have to do is reply to those and you should be approved fairly quickly. I just went through the Elena's Models RFE for being an International Marriage Broker and my thread is in the IMBRA subforum. Don't let the RFE letter intimidate you, I know how grave it reads for IMB. My petition was approved 9 days after they accepted my reply. It will probably take longer to get the passport photo from your fiancee than anything else. If you need additional help with the IMB RFE just send me an IM.

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Hello,

My Fiance and I filed for the I-129F in May and waiting for approval. Our package was sent to California for processing and within one month we recived a letter stating our package was accepted for review and processing.

We received a letter a few weeks ago requesting two more passport type photos (not sure why they didn't accept the passport photos we sent with our package), and they wanted to know if we went through an International Marriage Broker (IMB) because we met on Elena's Models (they thought that Elena's Models is an IMB company and it is not).

We would like to forgo the waiting period and marry now. Are their any consequences or scrutiny from the US government that we should be concerned about? Thanks in advance for any advice; this web site is the best.

Forgo what waiting period exactly ? You have an easy RFE and could be approved in a matter of a few weeks. Marry and start over and wait

for 12-14 more months ? Why ? That's adding not subtracting time.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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