fiance visa question

[memyselfandi 0]

If my hubby and I applied for k-3 visa moreee then 3 months ago then i suppose our application hasnt been processed, no clue where it is. Can we apply for fiance visa? or would that not make any sense? They told me once if they hadnt processed it or it was still pending we could. Can someone help me out and again I appreciate your responses , you guys always rock!!!

[msu17 0]

No, because in order to file a K-3, you must be married and to file a K-1 you CAN NOT be married. That's why they are called a spouse visa and a fiance visa.

[eric_and_teresa 10]

No, because in order to file a K-3, you must be married and to file a K-1 you CAN NOT be married. That's why they are called a spouse visa and a fiance visa.

msu17 is right, you are married you are no longer a fianceé, you can not apply for a K-1. In order to file for K-1 you need to be legally free to marry and you are already married.

I suggest you call the USCIS to find out about your petition, did you file both forms? I-130 and I-129F? If you want to learn more about your process and the differences with other process such as K-1, you can read the Guides

Edited November 23, 2007 by eric_and_teresa

[karla5001 0]

No, because in order to file a K-3, you must be married and to file a K-1 you CAN NOT be married. That's why they are called a spouse visa and a fiance visa.

you applied with the I130 right???

well mine took more than 4 months to get approved ...u just have to wait....it takes a LONG time unfortunatly...

[Alt name 1]

We filed in June......and still waiting. Keep your head up, eventually you'll see each other . If you filed for the K3 then you've done everything there is to do but wait.

Best to you,

David and Nitadyah

[memyselfandi 0]

We filed in June......and still waiting. Keep your head up, eventually you'll see each other . If you filed for the K3 then you've done everything there is to do but wait.

Best to you,

David and Nitadyah

Thanks! But why did they tell me that afterwards I could apply for the 129f too? thats where I'm confused.

Thanks again!

Marylia

[gwenneh 7]

I-129F is part of the K-3 application as well.

[eric_and_teresa 10]

Thanks! But why did they tell me that afterwards I could apply for the 129f too? thats where I'm confused.

Thanks again!

Marylia

You MUST apply for I-129F as part of the K-3. Please read the K-3 Process Flowchart

When filing for K-3 you also use the same form I-129F but that does not mean you are applying for a fiance visa, it's just part of the same K-3 Visa process. It is extremely important that you understand your K-3 process, that's why I urge to read the Guidelines.

After receiving the NOA for the I-130 you must submit the I-129F petition. Please read Steps No. 3 and No. 4 of the link that I provided above.

If you are having trouble understanding or handling this process on your own, maybe you can look for a lawyer, every mistake or misunderstanding will cause you unwanted delays. You can also visit the K-3 Spouse Visa Forum here.

Good luck!

Edited November 24, 2007 by eric_and_teresa