Q: Would filing for a K1 fiancé visa interfere with an existing I-130 that is stuck in inquiry date purgatory?
A friend of mine has been working on helping her girlfriend immigrate to the US for a while and currently her girlfriends mother in law has a pending I-130 they've been waiting on. The inquiry date for the case keeps getting pushed back 6 months to a year each time it approaches, so they havent been able to ask about the status and have gotten no indication of a resolution coming. They're considering now starting the process for a K1 fiancé visa, and want to know if filing for such along with its required forms would cause conflict with the existing I-130 or vice versa. Thanks!
A: Filing for a K1 fiancé visa petition will not interfere with an existing approved I-130 filed by the beneficiary's mother.
1 user found this answer helpful
A:
Filing a K-1 fiancé(e) visa should not directly interfere with a pending I-130 petition, as they are separate processes. However, there are a few considerations to keep in mind:
1. Intent: The K-1 visa requires the couple to marry within 90 days of the foreign fiancé(e) entering the U.S. If they proceed with the K-1 and get married, the I-130 (which is for an unmarried child of a U.S. citizen) would no longer be applicable.
2. Processing times: K-1 visas typically have a shorter processing time compared to I-130 petitions for unmarried adult children of U.S. citizens. I-130 petitions in this category are taking several years to process due to visa backlogs.
3. Communication with USCIS: If they decide to pursue the K-1 visa, it's advisable to inform USCIS about the change in circumstances regarding the I-130 petition once the couple is married.
4. Eligibility: Ensure that both the U.S. citizen and foreign national fiancé(e) meet all the requirements for the K-1 visa, including proof of a bona fide relationship and intent to marry.
Overall, while filing a K-1 visa shouldn't cause a direct conflict with the pending I-130, it's essential to consider the long-term strategy and potential outcomes. They may want to consult with an immigration attorney to discuss their specific situation and determine the best course of action.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
