My marriage to my foreign born spouse is only 2 months old. Although, i had filed a k-1 petition for him the visa was denied

Asked about 1 year ago - Miami, FL

I want to file the 1-130 petition for him, but not sure if i also need to also file the 1-129f (k-3) after i receive the 1-797 from USCIS. please ,i would like to know the right procedure since my marriage is only two months old.

Attorney answers (4)

  1. Jeffrey Adam Devore

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . The fact that your fiance's K-1 visa was denied means that there are issues as to your husband's admissibility to the United States or the bona fides of your marriage. Consult with an experienced immigration attorney who can review the facts of the case and advise you as to the best way to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  2. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    Answered . You have cpme to a situation when you should not file anything unless you first have a sit in consultation with a competent immigration attorney.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Shahzad Ahmed

    Contributor Level 14

    5

    Lawyers agree

    Answered . I would follow up with a K-3 to be on the safe side in case the I-130 gets delayed. But both petitions have to be managed properly. Have an attorney handle this for you.

  4. J Charles Ferrari

    Contributor Level 20

    6

    Lawyers agree

    Answered . A K-3 is not likely to speed up the case.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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