Marriage BEFORE visa
Mar 6th 2002, 4:35 am
#1
Guest
Posts: n/a
Marriage BEFORE visa
Greetings,
I am a Canadian and have married my American wife. The other day we received notice
(I-129F) that the petition has been approved. Is the fact that we have married
already (the wedding was in the U.S.) going to be a problem???? HELP! I can't seem to
find a straight answer anywhere!
Jason
I am a Canadian and have married my American wife. The other day we received notice
(I-129F) that the petition has been approved. Is the fact that we have married
already (the wedding was in the U.S.) going to be a problem???? HELP! I can't seem to
find a straight answer anywhere!
Jason
Mar 6th 2002, 4:48 am
#2
Concierge
Joined: Apr 2001
Posts: 46,474
Re: Marriage BEFORE visa
If you had file an I-129F for a Fiancee Visa (K-1) then it is now a non-valid route to the US. You are married, not a fiancee, hence no K-1.
You don't say where you are living? If in Canada she will have to file the I-130 in Nebraska (or if she is in the US and you in Canada then at a Service Center covering her living jurisdiction) for you and then you can go the K-3 route after she receives the first Notice of Action or wait out the I-130 process.
Or if you both are currently in the US together, then stay here and file the I-130 and I-485 at the local INS level.
Rita
You don't say where you are living? If in Canada she will have to file the I-130 in Nebraska (or if she is in the US and you in Canada then at a Service Center covering her living jurisdiction) for you and then you can go the K-3 route after she receives the first Notice of Action or wait out the I-130 process.
Or if you both are currently in the US together, then stay here and file the I-130 and I-485 at the local INS level.
Rita
Mar 6th 2002, 5:05 am
#3
Guest
Posts: n/a
Re: Marriage BEFORE visa
It would be fraud to continue the fiance process. You must withdrawn the fiance
petition and file an I-130 or, just enter the US, if asked to purpose of the visit,
be honest, to visit my wife, then apply for AOS.
"Jason C." wrote:
> Greetings,
>
> I am a Canadian and have married my American wife. The other day we received notice
> (I-129F) that the petition has been approved. Is the fact that we have married
> already (the wedding was in the U.S.) going to be a problem???? HELP! I can't seem
> to find a straight answer anywhere!
>
> Jason
petition and file an I-130 or, just enter the US, if asked to purpose of the visit,
be honest, to visit my wife, then apply for AOS.
"Jason C." wrote:
> Greetings,
>
> I am a Canadian and have married my American wife. The other day we received notice
> (I-129F) that the petition has been approved. Is the fact that we have married
> already (the wedding was in the U.S.) going to be a problem???? HELP! I can't seem
> to find a straight answer anywhere!
>
> Jason
Mar 6th 2002, 5:35 am
#4
Guest
Posts: n/a
Re: Marriage BEFORE visa
The I-129F is for a fiancé visa. If you are already married you can no longer get a
fiancé visa, and you will have to start all over again. If your are in Canada, your
wife will have to file the I-130 at the Service Center and wait for approval, then
you will file more paperwork and have your interview at the Consulate before you can
return to the US (this process will probably take more than a year, and you may be
denied entry into the US because of your immigrant intent). To shorten the wait, you
may want to file for a K-3 once she receives the first NOA for the I-130 See the
I-130 Immigration Help Site for details
http://www.geocities.com/immigration_helpsite/index.htm If you are in the US, you and
your wife can file the I-130/I0485 AOS package at your local INS office. See the
above website or Doc Steen's site and read the section called tourist adjustment
http://www.mindspring.com/~docsteen/...o/visainfo.htm Take Care. Shelley "Jason
C." <[email protected]> wrote in message
news:[email protected]...
> Greetings,
>
> I am a Canadian and have married my American wife. The other day we
received
> notice (I-129F) that the petition has been approved. Is the fact that we have
> married already (the wedding was in the U.S.) going to be a
problem????
> HELP! I can't seem to find a straight answer anywhere!
>
> Jason
fiancé visa, and you will have to start all over again. If your are in Canada, your
wife will have to file the I-130 at the Service Center and wait for approval, then
you will file more paperwork and have your interview at the Consulate before you can
return to the US (this process will probably take more than a year, and you may be
denied entry into the US because of your immigrant intent). To shorten the wait, you
may want to file for a K-3 once she receives the first NOA for the I-130 See the
I-130 Immigration Help Site for details
http://www.geocities.com/immigration_helpsite/index.htm If you are in the US, you and
your wife can file the I-130/I0485 AOS package at your local INS office. See the
above website or Doc Steen's site and read the section called tourist adjustment
http://www.mindspring.com/~docsteen/...o/visainfo.htm Take Care. Shelley "Jason
C." <[email protected]> wrote in message
news:[email protected]...
> Greetings,
>
> I am a Canadian and have married my American wife. The other day we
received
> notice (I-129F) that the petition has been approved. Is the fact that we have
> married already (the wedding was in the U.S.) going to be a
problem????
> HELP! I can't seem to find a straight answer anywhere!
>
> Jason
Mar 6th 2002, 5:35 am
#5
Guest
Posts: n/a
Re: Marriage BEFORE visa
"Jason C." <[email protected]> wrote in message
news:[email protected]...
> Greetings,
>
> I am a Canadian and have married my American wife. The other day we
received
> notice (I-129F) that the petition has been approved. Is the fact that we have
> married already (the wedding was in the U.S.) going to be a
problem????
> HELP! I can't seem to find a straight answer anywhere!
You have to stop the process and file an I-130... unfortunatly you will have lost all
the money you paid until now as you have to start from scratch. Contact the INS and
notify them you got married already and ask them for the I-130 papers.
Back to square one.
Maarten
news:[email protected]...
> Greetings,
>
> I am a Canadian and have married my American wife. The other day we
received
> notice (I-129F) that the petition has been approved. Is the fact that we have
> married already (the wedding was in the U.S.) going to be a
problem????
> HELP! I can't seem to find a straight answer anywhere!
You have to stop the process and file an I-130... unfortunatly you will have lost all
the money you paid until now as you have to start from scratch. Contact the INS and
notify them you got married already and ask them for the I-130 papers.
Back to square one.
Maarten
Mar 6th 2002, 1:05 pm
#6
Guest
Posts: n/a
Re: Marriage BEFORE visa
Hi Jason,
I too, am a Canadian and we were in the exact same position as you. We filed an
I-129F, and waited for approval. I entered the US as a tourist, with intent to
return to Canada and finish all the paperwork. 9-11 happened, we got married on the
spur of the moment in the US( I had been in the country over 60 days), and received
an I-129F approval in the mail the week after we got married. After we got married,
we immediately sent a letter to the service center requesting that our I-129F
petition be withdrawn and then we filed all paperwork, I-130, AOS paperwork
immediately at the local INS office in Sept.2001. My AOS interview is scheduled at
the end of this month. I received my EAD and Advance Parole in November of 2001. I
also just got my medical done , so.....so far, so good. You should be able to follow
this route. Good luck!
Chris
Jason C." <[email protected]> wrote in message
news:<[email protected]>...
> Greetings,
>
> I am a Canadian and have married my American wife. The other day we received notice
> (I-129F) that the petition has been approved. Is the fact that we have married
> already (the wedding was in the U.S.) going to be a problem???? HELP! I can't seem
> to find a straight answer anywhere!
>
> Jason
I too, am a Canadian and we were in the exact same position as you. We filed an
I-129F, and waited for approval. I entered the US as a tourist, with intent to
return to Canada and finish all the paperwork. 9-11 happened, we got married on the
spur of the moment in the US( I had been in the country over 60 days), and received
an I-129F approval in the mail the week after we got married. After we got married,
we immediately sent a letter to the service center requesting that our I-129F
petition be withdrawn and then we filed all paperwork, I-130, AOS paperwork
immediately at the local INS office in Sept.2001. My AOS interview is scheduled at
the end of this month. I received my EAD and Advance Parole in November of 2001. I
also just got my medical done , so.....so far, so good. You should be able to follow
this route. Good luck!
Chris
Jason C." <[email protected]> wrote in message
news:<[email protected]>...
> Greetings,
>
> I am a Canadian and have married my American wife. The other day we received notice
> (I-129F) that the petition has been approved. Is the fact that we have married
> already (the wedding was in the U.S.) going to be a problem???? HELP! I can't seem
> to find a straight answer anywhere!
>
> Jason
