Tampa, FL asked in Immigration Law for Florida

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!

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: Filing for a K1 fiancé visa petition will not interfere with an existing approved I-130 filed by the beneficiary's mother.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

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

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