How can I file the I-130 visa immigration petition? 2 Answers as of March 03, 2011

My wife is U.S citizen she filed k1 for me 2 year ago after visa interview of mine they put our case into admin processing and after 2 year of processing we decided to go for marriage, we are married now and we want to file I-130 petition. I have few questions regarding form filing if you can assist us. 1. as our k1 still in process that is why my wife have sent k1 cancelation letter last week and USCIS call center agent says we didn't received cancelation latter yet and you should wait 30-60 days file I-130 petition when you get response of your cancelation letter, should we wait 30 to 60 days or we should file I-130? 2. Does my wife need to change last name with my last name to file I-130 petition.3. G-325A biographic information form need to have applicant signature will go with I-130 as I am out of U.S is it necessary to have my signature over it ?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You need to wait to file the I-130 for the K-1 cancellation to clear. Having an existing K-1 with a marriage petition could cause your K-3 petition to be tied up, even with a possible accusation of fraud in your application.

Second, you will need to sign the new G-325, and will be needing to include your maiden name with your new one. If you wish the help of an attorney, please feel free to call or e-mail me for an interview.
Answer Applies to: California
Replied: 3/3/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
1) You may file the I-130 immediately if married. Include a copy of the I-129F receipt and ask them to withdraw that at the same time.

2) It is personal preference whether your wife changes her name or not. In any case she must sign her copy of the G-325A and you sign yours and you will need two passport photos for her and two for you along with the other supporting documents to show your relationship, termination of prior marriages, etc.

I would be happy to consult with you on your case. I do charge for consultations but whatever is paid for the consultation would be a credit toward the fees for your case if you retain us for further work after the consult. The consultation can be scheduled as indicated below by contacting my secretary, Janet, by phone or at
Answer Applies to: California
Replied: 3/3/2011
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