help please

[marymina119 3]

ok i applied for i129f back in august 2010 but i got married to my fiance in 11/2010 any how long story short i had to submit I130 cause they told me forget about the i129f since we r married now which idid in 12/2010. guess what they asked for RfE for the I129 so i sent it to them and wrote them a letter saying that she is my wife now and not my fiance. today i got a txt message saying they approved the I129f ???? are nt they suppose to deny it since she is my wife and there is a pending I130 now ? and if they approved it does that mean i can use it or what ???? its so confusing dont know what to do i did not lie to them i even sent them a copy of our marriage certificate with the evidence they wanted for the I129f !!!!

Edited February 17, 2011 by marymina119

[pushbrk 12,881]

ok i applied for i129f back in august 2010 but i got married to my fiance in 11/2010 any how long story short i had to submit I130 cause they told me forget about the i129f since we r married now which idid in 12/2010. guess what they asked for RfE for the I129 so i sent it to them and wrote them a letter saying that she is my wife now and not my fiance. today i got a txt message saying they approved the I129f ???? are nt they suppose to deny it since she is my wife and there is a pending I130 now ? and if they approved it does that mean i can use it or what ???? its so confusing dont know what to do i did not lie to them i even sent them a copy of our marriage certificate with the evidence they wanted for the I129f !!!!

No you can't use an approved I-129F for a fiancee that is now your wife. Send them a letter withdrawing the petition. If the Consulate contacts your wife, she can tell them she is now married and will apply for a spouse visa. They'll know what to do.

[marymina119 3]

what happen if i dont withdraw it ? and why did they even approve it if i cant use it ? i think i need a lawyer

No you can't use an approved I-129F for a fiancee that is now your wife. Send them a letter withdrawing the petition. If the Consulate contacts your wife, she can tell them she is now married and will apply for a spouse visa. They'll know what to do.

[pushbrk 12,881]

what happen if i dont withdraw it ? and why did they even approve it if i cant use it ? i think i need a lawyer

No you can't use an approved I-129F for a fiancee that is now your wife. Send them a letter withdrawing the petition. If the Consulate contacts your wife, she can tell them she is now married and will apply for a spouse visa. They'll know what to do.

Like I told you. Read my response again. When your spouse tells them they aren't applying as fiancee, they'll know what to do. What part of my post did you not understand?

[payxibka 10,045]

ok i applied for i129f back in august 2010 but i got married to my fiance in 11/2010 any how long story short i had to submit I130 cause they told me forget about the i129f since we r married now which idid in 12/2010. guess what they asked for RfE for the I129 so i sent it to them and wrote them a letter saying that she is my wife now and not my fiance. today i got a txt message saying they approved the I129f ???? are nt they suppose to deny it since she is my wife and there is a pending I130 now ? and if they approved it does that mean i can use it or what ???? its so confusing dont know what to do i did not lie to them i even sent them a copy of our marriage certificate with the evidence they wanted for the I129f !!!!

no you cannot.. the petition might have been approved but their is still no visa.... if you tried to get a visa based on the I-129F it would be refused by the consulate as being no longer eligible

[Kathryn41 3,205]

duplicate threads have been merged together and duplicate post removed. It is not necessary to post the same topic more than once - just update your information in the same thread.

[JimVaPhuong 4,863]

what happen if i dont withdraw it ? and why did they even approve it if i cant use it ? i think i need a lawyer

The only thing you should have sent with the RFE response was a letter specifically stating that you are withdrawing the petition because you are now married. They obviously ignored your letter because you responded with whatever they had asked for. Otherwise, your petition would not have ultimately been approved.

If you don't withdraw the petition then it will be sent to the consulate, and your fiancee will be notified to submit some forms indicating they are ready for a visa interview. Obviously, your fiancee should not respond to this request nor take any action that indicates they will be applying for the K1 visa. In order to avoid potential problems with having multiple approved petitions at the consulate it would be best if you send a letter to USCIS withdrawing the petition.

This isn't rocket science. You don't need a lawyer. You just need a clear unambiguous letter to USCIS informing them that you want to withdraw the petition because you are now married.

[iampatricias 17]

Like previous posters have suggested, and you seem to be aware of, ignore the I129f approval (or rather, don't plan to make use of it). Obviously, USCIS is confused or mistaken or behind in their paperwork but since you've applied for the I130, it's important you pursue THAT petition and remind the USCIS again that you no longer wish to pursue the I129f because you are now married.

You don't *need* a lawyer to straighten this out, but you do need to send a few clearly worded letters indicating which path you are pursuing along with relevant file numbers.