R B
Oct 13, 2023
K1-Visa and I-130 Question
Hi
Hope someone can shed some light on this matter. All the info I found online is not decisive
So I have an approved K1 Visa and currenly my wife (she was my fiancee when we filed the I-129F almost 2 years ago) is waiting for an interview schedule.
Also she has a pending I-130 IR1 for now 10 months
My question so when we get to the point to complete the DS-160 there is a question if she has any pending petition and the answer is YES will the embassy still give her the K1 Visa or will they reject the visa because she has a pending immigration I-130 petition
Did anyone run into something like that.
Should I give up on the K1 Visa or not
thanks
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D BOct 13, 2023
I think you should take a chance for K1.. They know your I-130 file is in process even though they approved your earlier file I-129f file.
R B Oct 14, 2023
@D B thanks. I mean it's a waiting game, waiting on the I-130 approval and waiting on NVC to schedule the interview for the K1 Visa
mandy mandyOct 15, 2023
you are no longer eligible for K1 visa if you file for l-130 because you are married..they will definitively deny you
R B Oct 15, 2023
@mandy mandy thank u, that's what I also found out in my research
R B Oct 29, 2023
@drea b the I-130 is still pending for my wife, but the way I understood it is just by filing the I-130 she is no longer eligible to use the K1 Visa for entry as she is married and not single. Unfortunately I did not see anyone or aware of anyone who entered on a K1 Visa with a pending I-130. I was told once I fill the DS-160 for her ans disclose the I-130 which I must the US Embassy will reject the Visa and tell her to wait
If my understanding is wrong let me be corrected as I can still pursue the K1 Visa
R B Oct 30, 2023
@drea b your info is for K3 but my approved I-129F is for a K1 Visa can I use the same logic?
R B Oct 31, 2023
@drea b thank you, so that's why I am not pursuing the next steps of the approved K1. the US Embassy will not give her the visa based on the pending I-130.
