K1 or Immigration

[MadihaA 0]

Hello everyone,

 

I have a small dilemma. My I130 petition was approved and I received an email from NVC saying that the application has gone for further processing. 

I also got engaged a couple of months back. Now, we are not sure what to do. As in which would be quicker should we apply for a K1 Visa or should we wait for the NVC to contact us? 

Also, if we apply for the K1 Visa and it gets rejected, can I still use my I130?

[milimelo 4,196]

Who filed I-130 for you? 

[Letspaintcookies 2,207]

If your I-130 got approved that means you're already married, right? 

There's something wrong in here... Please help us to understand your story by telling us a bit more 

Edited May 18, 2019 by Letspaintcookies

[VNN 147]

I assume the petitioner for your I-130 petition is one of your relatives (USC parent/sibling) otherwise if you are married K-1 is not one of your options (unless getting a divorce and re-engage)

 

- It does not matter, just do K-1 visa, assuming it is bona fine and disclose on application that someone already filed petition for you. 

 

- If your PD has become current, you can stick with your I-130.

 

The more info you provide, the more details VJ members can provide.

Edited May 18, 2019 by VNN

[Crazy Cat 39,222]

23 minutes ago, MadihaA said:

Hello everyone,

 

I have a small dilemma. My I130 petition was approved and I received an email from NVC saying that the application has gone for further processing. 

I also got engaged a couple of months back. Now, we are not sure what to do. As in which would be quicker should we apply for a K1 Visa or should we wait for the NVC to contact us? 

Also, if we apply for the K1 Visa and it gets rejected, can I still use my I130?

Please clarify.....this might not be a small dilemma.  

Edited May 18, 2019 by missileman

[debbiedoo 2,339]

on what basis was the 130 filed and accepted on? what family member is sponsoring you and when was NOA2 received.

 

you can not have 2 active petitions at the same time. try that, and youll find both denied.

[MadihaA 0]

My I130 was applied by my father and my PD has become current this month. We have not applied the K1 yet. Also, I am from Pakistan. Hope this clarifies things

Edited May 18, 2019 by MadihaA
Added a detail

[MadihaA 0]

55 minutes ago, milimelo said:

Who filed I-130 for you? 

My father

48 minutes ago, VNN said:

I assume the petitioner for your I-130 petition is one of your relatives (USC parent/sibling) otherwise if you are married K-1 is not one of your options (unless getting a divorce and re-engage)

 

- It does not matter, just do K-1 visa, assuming it is bona fine and disclose on application that someone already filed petition for you. 

 

- If your PD has become current, you can stick with your I-130.

 

The more info you provide, the more details VJ members can provide.

Not married or divorced. The I130 was applied by a parent

[Lil bear 3,831]

21 minutes ago, debbiedoo said:

on what basis was the 130 filed and accepted on? what family member is sponsoring you and when was NOA2 received.

 

you can not have 2 active petitions at the same time. try that, and youll find both denied.

I believe that you can have multiple petitions active .. each from different petitioners .., not uncommon to have a parent petition a single child , a work visa application or a k1 in process at the same time. 

[MadihaA 0]

53 minutes ago, Letspaintcookies said:

If your I-130 got approved that means you're already married, right? 

There's something wrong in here... Please help us to understand your story by telling us a bit more 

Not married. The I130 was filed by my father. The PD has become current. 

[Letspaintcookies 2,207]

2 minutes ago, MadihaA said:

My I130 was applied by my father and my PD has become current this month. We have not applied the K1 yet. Hope this clarifies things

Ah thank you I was thinking in just one direction.

 

If you want to file for a K1 you'll have to withdraw the other petition first before you can start again. So you wont be able to get back to that if the K1 won't work.

[Lil bear 3,831]

19 minutes ago, MadihaA said:

My I130 was applied by my father and my PD has become current this month. We have not applied the K1 yet. Hope this clarifies things

Depending on the country consulate country specific timing and process , you seem close to completing with  the I130.. but I dont believe there is any problem with filing the fiancé visa. Just don’t marry, or do anything that gives the appearance of marrying .. administrative processing may occur .. but it’s likely to happen  on either, if it’s going to happen. 

Edited May 18, 2019 by Lil bear

[MadihaA 0]

1 minute ago, Lil bear said:

Friending on the country consulate country specific timing and process , you seem closer to completing with  the I130.. but I dont believe there is any ptonk with filing the fiancé visa. Just don’t marry, or do anything that gives the appearance of marrying .. administrative processing may occur .. but it’s likely to happen  on either, if it’s going to happen. 

Could you explain this a little further?

[debbiedoo 2,339]

13 minutes ago, Lil bear said:

I believe that you can have multiple petitions active .. each from different petitioners .., not uncommon to have a parent petition a single child , a work visa application or a k1 in process at the same time. 

i wouldnt try it. all it looks like is the person trying to find ANY way into the US. 

 

 

[Lil bear 3,831]

8 minutes ago, MadihaA said:

Could you explain this a little further?

Please fill in your time line for the family visa submitted by your father.. and ensure you list your home country as there will be issues specific to your country 

Which parts do you want expanded ?