Consequences of marriage before I-129F is completed

[jst 1]

Hello,

My Fiance and I filed for the I-129F in May and waiting for approval. Our package was sent to California for processing and within one month we recived a letter stating our package was accepted for review and processing.

We received a letter a few weeks ago requesting two more passport type photos (not sure why they didn't accept the passport photos we sent with our package), and they wanted to know if we went through an International Marriage Broker (IMB) because we met on Elena's Models (they thought that Elena's Models is an IMB company and it is not).

We would like to forgo the waiting period and marry now. Are their any consequences or scrutiny from the US government that we should be concerned about? Thanks in advance for any advice; this web site is the best.

[newacct 688]

If you marry, you will not qualify for a K-1. You will have to start over with an I-130 petition and do Consular Processing for an immigrant visa.

[bowens44 214]

The I-129F is a fiancee visa, it you get married you can't use it. and you have to start over with a Spouse Visa

Edited August 6, 2015 by bowens44

[Moustafa/Crystal 65]

There is no immigration without extensive scrutiny from American government. If you get married, you will need to formally withdraw your fiance visa, and then file for a CR1.

[jst 1]

If you marry, you will not qualify for a K-1. You will have to start over with an I-130 petition and do Consular Processing for an immigrant visa.

How will Customs and Immigration view the marriage? My Fiance from Russia has a three year B1 / B2 Visa and has visited me three times for a total of about 8 months. I am concerned they might view the marriage as an "intent" thereby constituting possible fraud.

What is the average processing time for approval of a I-130 petition and Consular Processing for an immigrant visa? Thanks

[Unshakable Faith 493]

The information given is correct. You are VERY close to the end of this process if it continues to go smoothly. Those are easy RFE's to respond to. If you get married, as stated, the USC will have to file a spousal visa which can take a year or longer. You will be waiting less time if you continue the process you're on.

[jst 1]

The information given is correct. You are VERY close to the end of this process if it continues to go smoothly. Those are easy RFE's to respond to. If you get married, as stated, the USC will have to file a spousal visa which can take a year or longer. You will be waiting less time if you continue the process you're on.

The following is a thread I just read and it answers my question. It is very risky to get married while you have an I-129F in processing. See below

Thread Title. I-129F Petition For Alien Fiance DENIED!!! What are my options now???

Hello,

My I-129F petition for alien fiance (for the purpose of getting a K1 Visa) was recently denied by USCIS on the grounds that we are now married and can no longer be considered "fiance" for the purpose of Immigration.

When we started the process oh, 10 months ago, we were indeed engaged and were not sure when we would actually marry. A few months after we submitted the I-129F petition we did marry in her home country. Another 6 months went by and we received a RFE (Request for Evidence). Part of the RFE was the form G-325A which asks applicants to list their spouses. The RFE also asked for proof of intent to marry. Since we were already married we indicated as such and submitted all the evidence of the wedding.This was apparently the basis for denial.

Unfortunately we were ill informed by a legal professional that if we did get married during the process that my (now wife)'s status would be adjusted to spouse from fiance.

In the denial letter we were given the option of appealing the decision using the I-290B form but I'm not sure any of the "reasons" for appeal apply to us.

I would greatly appreciate any info anyone can provide on what our options are.

Thanks a bunch.

[Boiler 45,488]

It is not risky, you just will start with a different process, takes about a year.

[LionessDeon 2,060]

http://www.visajourney.com/content/compare

Here is the comparison. If you already received NOA2 your half way there. Seems like a waste and a bit hasty to start all over now.

[TBoneTX 45,287]

See the great many threads in the IMBRA subforum for how to answer the RFE.

[JeffandTanya 30]

Hello,

My Fiance and I filed for the I-129F in May and waiting for approval. Our package was sent to California for processing and within one month we recived a letter stating our package was accepted for review and processing.

We received a letter a few weeks ago requesting two more passport type photos (not sure why they didn't accept the passport photos we sent with our package), and they wanted to know if we went through an International Marriage Broker (IMB) because we met on Elena's Models (they thought that Elena's Models is an IMB company and it is not).

We would like to forgo the waiting period and marry now. Are their any consequences or scrutiny from the US government that we should be concerned about? Thanks in advance for any advice; this web site is the best.

You are already at the RFE stage, all you have to do is reply to those and you should be approved fairly quickly. I just went through the Elena's Models RFE for being an International Marriage Broker and my thread is in the IMBRA subforum. Don't let the RFE letter intimidate you, I know how grave it reads for IMB. My petition was approved 9 days after they accepted my reply. It will probably take longer to get the passport photo from your fiancee than anything else. If you need additional help with the IMB RFE just send me an IM.

[lewisandmike 4]

I agree with the other posts on here.

I was asked for RFE as I didn't tick a box. I felt like this stalled everything, but within a week or two, we got approved.

Now waiting on my medical and interview!

[Ebunoluwa 6,136]

Hello,

My Fiance and I filed for the I-129F in May and waiting for approval. Our package was sent to California for processing and within one month we recived a letter stating our package was accepted for review and processing.

We received a letter a few weeks ago requesting two more passport type photos (not sure why they didn't accept the passport photos we sent with our package), and they wanted to know if we went through an International Marriage Broker (IMB) because we met on Elena's Models (they thought that Elena's Models is an IMB company and it is not).

We would like to forgo the waiting period and marry now. Are their any consequences or scrutiny from the US government that we should be concerned about? Thanks in advance for any advice; this web site is the best.

Forgo what waiting period exactly ? You have an easy RFE and could be approved in a matter of a few weeks. Marry and start over and wait

for 12-14 more months ? Why ? That's adding not subtracting time.

[Shauneg 762]

He is indirectly asking about them coming and marrying and staying on a visitor visa. Will problems arise later since they had a K1 in progress when this happened.