filed I-129F first, then got married..filed I-130 after

[lena_mourad 0]

Hi all,

I was engaged in July and filed the I-129f. Then I decided to get married in October. I filed the I-130 last week. Since the I-129f has to be filed anyway (which I didn't know until later), why would they make me start all over again? And, why would it take close to a year? Someone please help me understand this crazy stuff.

Lena

[PalestineMyHeart 1,897]

Hi all,

I was engaged in July and filed the I-129f. Then I decided to get married in October. I filed the I-130 last week. Since the I-129f has to be filed anyway (which I didn't know until later), why would they make me start all over again? And, why would it take close to a year? Someone please help me understand this crazy stuff.

Lena

Even though they both involve filing the same I-129F form, the K-3 (for spouse) and the K-1 (for fiance) follow different paths.

For the fiance visa, you start with the I-129F -- as you did when you first filed.

But if you are married, you must FIRST file an I-130 petition for spouse. And then if you want to pursue the K-3 for your spouse, you file the I-129F *after* you get the NOA #1 on your I-130.

So that means you have to cancel the I-129F that lists your husband as a fiance, and start over again by filing an I-130.

Confusing, right ?

I think our member Wahrania is facing this same situation. Hopefully she can offer some more advice.

Welcome to ME/NA and wishing you all the best in getting your case back on track again soon.

-MK

[Beauty for Ashes 257]

Hi all,

I was engaged in July and filed the I-129f. Then I decided to get married in October. I filed the I-130 last week. Since the I-129f has to be filed anyway (which I didn't know until later), why would they make me start all over again? And, why would it take close to a year? Someone please help me understand this crazy stuff.

Lena

You need to withdraw that 129 f asap because you will have huge problems with your I130. You will need to cancel it and then refile it but I have no idea what to tell you other than talk to an immigration attorny if you plan to continue the k3 route... There will be some mixups if you do not. I did the same thing and thought my 129 f would be denied so we married only to come home and find out it was approved and have to start all over again. I am now almost 5 months into my second petition and waiting for an NOA2 so I can move on to NVC and get cracking on the 2nd petition. Its exhausting and nerve wracking and near fatal for the relationship to have these problems and this knock down drag out wait. My husband and I have been at it in immigration since the first of the year which means almost a year. I will fortuately see him in 4 weeks but its been a hell of a long long year going through this.. I hopefully am nearing the end with getting out of USCIS. I have plenty of evidence for the interview with 4 visits this year with him and tons of contact etc... I just am dying from the time lapse and time apart and my heart has been torn in two with the seperation... Its been a real strain... I hope we survive all of this