Alex Gene
Apr 4, 2024
I-129F and I-130
Hello friends,
I need your honest advise. We applied I-129F in August 2023 then 7 months later we received a feedback from USCIS asking for RFE (Request For Evidence) of the beneficiary but no further requirements needed from the petitioner. Then we got married legally after a month in the USA.
Could you please let us know if we should still continue the I-129F and submit the required documents the USCIS is asking such as RFE or can we just ignore it and apply for I-130 instead or we can apply both which means submitting the requirements of the RFE and file a new application under I-129F?
Many thanks!
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Jane O.Apr 4, 2024
Since you already got married before the decision on I-129f, you’ll have to withdraw it because she’s not eligible for it anymore and then file for I-130. You can also file it together with I-485, I-765 and I-131 since she’s already in the US
Alex GeneApr 4, 2024
Thank you for your comment.
Marriage only happened in America but spouse remained still living outside the US. Will I-485, I-765 and I-131 still applicable in order for me to move to the US?
Emmy Marzan Apr 7, 2024
No I-485 and i-765 and i-131 no longer applies to you and your partner. You guys are now no longer eligible for k1 as it is a fiance visa to marry in the US after the 90 day visa is granted. now that you are married you have to file for petition of I-130 and pay the fee all over again and go through another process of waiting.
Alex GeneApr 9, 2024
Thank you for your comments.
Apr 12, 2024
why you don’t wait the k1 visa ? now you have to wait more again
Alex GeneApr 12, 2024
the K1 visa require more documents and before submitting the additional requirements, we got married.
isoo Apr 13, 2024
withdraw and file 1-130 1-485 and 1-765 for work permit since u are legally married u r no longer eligible for Fiancée visa
Alex GeneApr 14, 2024
thank you isoo
