filed for fiance visa but want to change to spousal visa after more than one year

[caramelbarbie 0]

Hi.

So my USC fiance filed a 1-129f petition for alien fiance for me in march 2012, it got approved in august 2012, i was invited for a k1 visa interview in january 2013 but i couldn't attend cos he couldn't fulfill the affidavit of support requirements, we got married in a different country in January 2013 and since then, he's been with me in my home country. Now we want to start a spousal visa petition. do you foresee any problems in our journey? we now have a baby together, i hope that counts for something. I know we'd probably have to cancel the fiance visa petition, but i don't know how to do that. I'm also wondering if its possible to merge the two applications together and just pay a new immigrant petition for alien spouse fee instead of cancelling the previous fiance petition. i mean its the same couple involved right?

thanks in advance.,i hope i was detailed enough

[Penguin_ie 5,985]

No problem, in act you getting married and living together is a good thing. The only issue I see is how are you overcoming the financial part this time, with a baby which adds to the household size?

[Pitaya 2,576]

Sure, you should make sure the fiancee K1 visa is withdrawn, and then start all over filing for a CR1 spouse visa, A baby certainly does count, as another person reliant on financial support, and increases the size of the household. Agree with Penguin, you need to work on fulfilling the support requirements.

Good luck on your immigration journey.

[caramelbarbie 0]

No problem, in act you getting married and living together is a good thing. The only issue I see is how are you overcoming the financial part this time, with a baby which adds to the household size?

we'd have to get a joint sponsor. this time i'm going to do the sponsor-hunt myself. my husband (then fiance) was in-charge the last time and I think he was too proud (or hurt?) to ask anyone else after he got shut down by his bosom friend (apparently his friend's wife said no).

the financial obligation will be harder to meet this time but i guess we don't have a choice, i need to go to the US to do my clinical skills exam as part of the last step before applying to a hospital residency program and word on the street is that you should bother to apply for a visitor's visa when you have some other kind of visa pending. is that true?

[caramelbarbie 0]

Sure, you should make sure the fiancee K1 visa is withdrawn, and then start all over filing for a CR1 spouse visa, A baby certainly does count, as another person reliant on financial support, and increases the size of the household. Agree with Penguin, you need to work on fulfilling the support requirements.

Good luck on your immigration journey.

do you have any idea how i can make sure the fiance k1 is withdrawn? wondering if i need to contact the embassy, nvc or uscis. i wonder who does the withdrawal. funny thing is, the embassy i was going to have the interview at, is different from my home country where we now live at

[Pitaya 2,576]

we'd have to get a joint sponsor. this time i'm going to do the sponsor-hunt myself. my husband (then fiance) was in-charge the last time and I think he was too proud (or hurt?) to ask anyone else after he got shut down by his bosom friend (apparently his friend's wife said no).

the financial obligation will be harder to meet this time but i guess we don't have a choice, i need to go to the US to do my clinical skills exam as part of the last step before applying to a hospital residency program and word on the street is that you should bother to apply for a visitor's visa when you have some other kind of visa pending. is that true?

Review the pinned thread at the top of the forum page, Yes You Can Visit (spouse visa version), for information about visitor visas:

http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/

You have to present compelling evidence that you will return after visiting and not for immigration purposes. That is often a tough sell to a already likely skeptical consulate official.

Good luck on your immigration journey.

Edited July 29, 2014 by A&B

[caramelbarbie 0]

ok thanks

[Pitaya 2,576]

do you have any idea how i can make sure the fiance k1 is withdrawn? wondering if i need to contact the embassy, nvc or uscis. i wonder who does the withdrawal. funny thing is, the embassy i was going to have the interview at, is different from my home country where we now live at

Here is an older thread that speaks about approved K1 visa application withdrawal. Likely also need to contact the interviewing consulate/embassy.

http://www.visajourney.com/forums/topic/224668-how-to-cancel-or-withdraw-k-1-petition/

Good luck.

[caramelbarbie 0]

i checked out the thread about visiting while your petition is still pending, looks like most of the experiences are from people who didn't need to apply for a visitor's visa, all they had to do was show up at the POE and hope to be allowed in. i guess being african, my situation is a bit tougher. maybe i'd just focus on getting the immigrant visa approved rather than risk a "visa denied" on my passport.

thanks for this k1 withdrawal thread, i check it out right now

[Pitaya 2,576]

Likely a good idea to put a visitor visa on the back burner for right now. My wife is also from what is considered a "high fraud" country in 'embassy-speak.' The likelihood of her getting a visitor visa while we were doing the K1 processing was next to nil. Your chances are likely similar. The burden of proof that she was just visiting and not trying to get a visitor visa to immigrate was overwhelming. I was able to make more trips to visit her, it all worked out.

Good luck.