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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

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


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

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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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.

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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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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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; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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