I submitted a fiance visa application which is pending. Can I get married while a fiance visa is pending approval? Will I then have to resubmit a new petition for relative (I-130)? How will this delay any of the petition's process?
" Will I then have to resubmit a new petition for relative (I-130)? " Yes.
" How will this delay any of the petition's process? " To make a long story short, will "delay" arrival in the USA by at least 6 months +, however with an "immigrant visa" already and one will no longer have to apply for "green card" (which would have been another year's worth of wait AND an "interview" at USCIS...)
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Of course you can get married, as it is a personal decision. However, by marrying your fiance(e), you will have to withdraw your I-129F petition as it cannot be converted into I-130 petition for alien relative. Hence, you will lose the time that you waited thus far. Not only you would have to submit the I-130 petition, but you would also have to wait till its approval, then begin the 2nd stage of the process through the NVC. Conclude that process. Wait until the NVC transfer the file to the appropriate consulate and schedule an appointment, and only then your spouse will be able to travel to the US as immigrant. So, as you can see, marriage would delay the process and that's the reason why most people file first for the K-1 visa and proceed with marriage and AOS later. Having said this, you should know that there is a flip side as well. K-1 visas have a higher rate of denial than the I130s (especially after a K-1 fiancee/turned LPR Tashfeen Malik turned out to be a terrorist), so there are advantages and disadvantages to each visa and you have to decide what to do based on the particulars of your situation.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. If you found that my response merits "BEST ANSWER" and/or "HELPFUL" check, please, acknowledge as such.
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