Withdrawl of I-129F in exchange for different process

[starlarose 1]

This is dodgey question at best but I am trying to explore all options due to unforseen circumstances that just happened today that is out of our control. We are in the midst of damage control because of it. Without going into massive detail of what happened what I am seeking to know and understand is what is the consequence of withdrawing our I-129F application that is in the queue for process (though another 6 months probably to any significant movement happens) and moving to the US, marrying in a couple months, and then filing for immigration. I know moving and marrying then filing is frowned upon but not impossible and a long time period for things to happen. But what I want to know is; if we already had our I-129F in, and withdrew it then married in the US and resubmitted under another process will it get us rejected? Like I said we are just exploring options right now.

[Yodrak 7]

starlrose,

This is an issue that should be discussed with an immigration attorney, because entering the USA as a non-immigrant with the intent of immigrating on that entry is not permitted by the INA.

Yodrak

This is dodgey question at best but I am trying to explore all options due to unforseen circumstances that just happened today that is out of our control. We are in the midst of damage control because of it. Without going into massive detail of what happened what I am seeking to know and understand is what is the consequence of withdrawing our I-129F application that is in the queue for process (though another 6 months probably to any significant movement happens) and moving to the US, marrying in a couple months, and then filing for immigration. I know moving and marrying then filing is frowned upon but not impossible and a long time period for things to happen. But what I want to know is; if we already had our I-129F in, and withdrew it then married in the US and resubmitted under another process will it get us rejected? Like I said we are just exploring options right now.

[TracyTN 237]

Your timeline is confusing (you mailed the I 129f in May, but your NOA1 is in July??) - but consider this; it will likely take about 6 or 7 months to get the K1 visa (as you mentioned). Upon receiving the visa, you then have 6 months in which to 'activate' it ( move the foreign fiance to the US).

Is that not enough time for whatever your current situation?

I would recommend that as opposed to your other suggested course of action (which is patently illegal, btw).

[YuAndDan 153]

starlrose,

This is an issue that should be discussed with an immigration attorney, because entering the USA as a non-immigrant with the intent of immigrating on that entry is not permitted by the INA.

Yodrak

Correct, they will have a record of the I-129F and then have solid evidence of the misuse of a visitor's visa in an attempt to get around the waiting period for the K-1 visa. Using a NON-Immigrant visa other than K-Visa and other dual use visas, with intent to immigrate is considered text book visa fraud.

If you are 6 months into a K-1 process I would stick with it. Our K-1 took 8 months, and China is one of the slowest ones to get one through.

[starlarose 1]

Your timeline is confusing (you mailed the I 129f in May, but your NOA1 is in July??) - but consider this; it will likely take about 6 or 7 months to get the K1 visa (as you mentioned). Upon receiving the visa, you then have 6 months in which to 'activate' it ( move the foreign fiance to the US).

Is that not enough time for whatever your current situation?

I would recommend that as opposed to your other suggested course of action (which is patently illegal, btw).

sorry, or file is a mess. Actually we originally submitted it in May but due to continued USCIS errors it didn't actually get into their system until July. So we are figuring it will be another 6 mths approximately for him to get his visa. The reason for this question has more to do with situations in London (living ones) than the visa process itself. As I said exploring options more than anything. I like having many and then figuring out the best one.

starlrose,

This is an issue that should be discussed with an immigration attorney, because entering the USA as a non-immigrant with the intent of immigrating on that entry is not permitted by the INA.

Yodrak

Yes, that is what I figure anyway. I know it's a no no generally. Thanks.

[TracyTN 237]

Your timeline is confusing (you mailed the I 129f in May, but your NOA1 is in July??) - but consider this; it will likely take about 6 or 7 months to get the K1 visa (as you mentioned). Upon receiving the visa, you then have 6 months in which to 'activate' it ( move the foreign fiance to the US).

Is that not enough time for whatever your current situation?

I would recommend that as opposed to your other suggested course of action (which is patently illegal, btw).

sorry, or file is a mess. Actually we originally submitted it in May but due to continued USCIS errors it didn't actually get into their system until July. So we are figuring it will be another 6 mths approximately for him to get his visa. The reason for this question has more to do with situations in London (living ones) than the visa process itself. As I said exploring options more than anything. I like having many and then figuring out the best one.

So reading between the lines, he needs to get here sooner instead of later (as my scenario would play out)?

[RosemarieL 0]

If they consider that you are trying to commit visa fraud you could end up with a 10 year ban.

[YuAndDan 153]

Can always visit while waiting for the K-1 visa. You do benefit from the visa waiver program, just don't overstay the visit.

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

[C_y_K 0]

Why not enter on the visa waiver program and just wait it out together? Return as necesary to not violate the VWP rules.

[Yodrak 7]

Charlie_y_Kary,

Be aware that leaving and promptly re-entering repeatedly is a violation of the VWP rules.

Yodrak

Why not enter on the visa waiver program and just wait it out together? Return as necesary to not violate the VWP rules.

[pushbrk 12,266]

starlrose,

This is an issue that should be discussed with an immigration attorney, because entering the USA as a non-immigrant with the intent of immigrating on that entry is not permitted by the INA.

Yodrak

Correct, they will have a record of the I-129F and then have solid evidence of the misuse of a visitor's visa in an attempt to get around the waiting period for the K-1 visa. Using a NON-Immigrant visa other than K-Visa and other dual use visas, with intent to immigrate is considered text book visa fraud.

If you are 6 months into a K-1 process I would stick with it. Our K-1 took 8 months, and China is one of the slowest ones to get one through.

IMO, they would have you dead to rights on visa fraud and they would be exuberant in their prosecution of such a juicy case.

Better to visit while waiting out the process. At least you have that option. Many of us don't.