Approved I130, but please help out, jus t a few questions on getting visa's transfered if possible...

[phatmadame81 0]

Hi all, need some

My girlfriend has gotten herself in a little bind and would like to know the best route to take.

As I had asked in a previous email, I am not sure what to do about this situation and not sure what to say. Know the gentleman would like to get married to a female who happens to be a friend of mine, but he will not be eligible for a visa until his priority date becomes current ( his mom had filed for him as a married son of a US citizen back in 2001, right now the Visa bulletin is at 5/8/2000-about another 2 years to go).

The gentle man has been in contact with my friend for over 2 years, they have never visited mostly speaks on the computer and phones.......she knows the mom ( the one who filed) and they ( my friend and the guy) are thinking getting engaged ( well I think they already are because the mom -my other friend hinted towards it), but my girlfriend is scared she won't be able to file for him to have him here with her (then she would be going through the same thing I am going through -but that is not the issue that is my problem this is my issue not on topic )

She wants to know, seeing, that he already has an approved I130, that will not be current for another 2 years,

*can she have the approved petition trnasfer to a K visa?

or

*can she go ahead and file an I130 for fiance visa and get him here..........then when his petition( by his mom) becomes current he can go back home?

I must say though that he has a business in Jamaica and is tryign to get his 10 visa renewed, but she hdoubts that is a way, it would probably be a temporary fix.......

Is there anything she can do to have him here with her ? If it comes to it they will have to wait, but if there is any possible way for him to come here they will be more than happy to try it....

Anything you have please just give me some info..............

[desert_fox 32]

Have the grlfrnd and the guy ever met???

If not, forget about a fiancee visa.

There is no way to transfer a I-130.

Mom filed for a MARRIED son??? How can he have a fiancee??

Edited December 16, 2007 by desert_fox

[clairern 0]

Have the grlfrnd and the guy ever met???

If not, forget about a fiancee visa.

There is no way to transfer a I-130.

Mom filed for a MARRIED son??? How can he have a fiancee??

I would assume that he is now divorced or in the process. I hope he is not divorced because that would change his status from what he was previously filed for and delay his petition longer. I understand this very much, I am/was in the same situation. My SO father is still married but the wife lives in another country and has for the past eleven years and the relationship is non-existent. Hence, he is still married but not involved with the person. His father also petitioned for him in Feb 2000 and his priority date became current this past July, so just be patient, it might not be two years. I want to petition for him also but was advised against it by someone here on VJ and now he is almost at the last stage. I felt the same way back in July and was very sad and lonely because I wanted him here ASAP. I know this does not completely answer your question, but I just wanted to give her some reassurance that it might not be that long. You say he has a 10 year visa, maybe he could try to renew it seeing that he has a business, that would give him proof of ties to JA. Anyway chin up.

[phatmadame81 0]

Have the grlfrnd and the guy ever met???

If not, forget about a fiancee visa.

There is no way to transfer a I-130.

Mom filed for a MARRIED son??? How can he have a fiancee??

I would assume that he is now divorced or in the process. I hope he is not divorced because that would change his status from what he was previously filed for and delay his petition longer. I understand this very much, I am/was in the same situation. My SO father is still married but the wife lives in another country and has for the past eleven years and the relationship is non-existent. Hence, he is still married but not involved with the person. His father also petitioned for him in Feb 2000 and his priority date became current this past July, so just be patient, it might not be two years. I want to petition for him also but was advised against it by someone here on VJ and now he is almost at the last stage. I felt the same way back in July and was very sad and lonely because I wanted him here ASAP. I know this does not completely answer your question, but I just wanted to give her some reassurance that it might not be that long. You say he has a 10 year visa, maybe he could try to renew it seeing that he has a business, that would give him proof of ties to JA. Anyway chin up.

Desert: No they have never met, she(my girlfriend said they have been been communicating via the IM,emails, phone.

Yes he was filed for has married, but things did not work out and the marriage fell apart........the wife (ex, he is in the process of filing an uncontested divorce)

Clairen, thanks for teh words of encouragement, I will pass them on.........

He went through something similar to your SO's. I really want to see her happy, and she thinks this guy will make her very happy.

They will just have to wait until his priority date comes through..........

Yes he did have a 10 year visa which he is trying to get renewed. I do not believe he would get it though ( that is just my opinion, b/c he already has an approved I130, they embassy will see he has intentions of coming here to live........He has more than enough ties to Jamaica ( he is in school-he hass 1½ year to go, has his own house and his own business)

I will keep my fingers cross for them though..

Thank you all very much.

[BelwinMills 0]

if they have never met they should not file the finance visa. When we went for our interview their was another couple together that were going for their CR1 visa. They had gotten married before his divorce was complete and they were denied. Make sure the man is divorced first or it will never work.

[phatmadame81 0]

if they have never met they should not file the finance visa. When we went for our interview their was another couple together that were going for their CR1 visa. They had gotten married before his divorce was complete and they were denied. Make sure the man is divorced first or it will never work.

I told her all of this yesterday and she got alittle depressed....

They are gonna try and get him teh renewed B1/B2 fo his business ( he does have a few business contacts here) but, if that does not work they are just gonna wait out the mother's petition..... and she will visit him....

I told her this is a very monotonous journey.but it pays off in the end if they are SURE about each other.....I just wish her luck and will be here for her.

Thank you all for your inputs.

[vbtbmrt 2]

well if they file for k-visa they do have to meet before file I-130 or 129f and as to be divorced before they marry