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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

robburnsefc
Hi! I am guilty of the ultimate error by sorting a wedding before the K1 Visa. Now I am preparing for the worst - looking at rescheduling the wedding or going ahead and then going down the K3 route.

1. Does anybody have experience of this and, should/can the K1 application be cancelled half way through?
2. Is the previous K1 attempt likely to delay the K3 process?
3. Is it possible to visit the US (I am the UK fiance/spouse) during the K3 application?

Thanks.
YuAndDan
1, YES, You have to start the process over
2, NO, It wont slow the K-3
3, YES, You can visit USA either with a visa or on VWP, just need to demonstarte strong reasons to the officer at the POE that you will return to the UK after visit.
vikasp
1.) No experience personally. Petitions can be withdrawn by writing a letter to CSC.
2.) Maybe, depending on how far along with the K1 is. If the petition gets approved, you might be SOL?
3.) If you have a visa, you maybe denied entry in the US unless you show strong evidence that you will return to the UK.

If your K1-NOA1 is dated Feb 2nd, your K1 is getting ready to pop (seen lots of CSC Jan K1 approvals). I would advise against canceling it now.
Yodrak
robburnsefc,

I withdrew my I-129f petition for my wife prior to approval because we had decided to get married and pursue a spousal visa. By the time they acknowledged my letter requesting withdrawal several months later they had just approved the petition.

The withdrawal of the I-129f for fiancee did not interfere with the processing of the I-130 and I-129f petitions for spouse.

Yodrak

QUOTE(robburnsefc @ Apr 30 2007, 02:00 PM) *
Hi! I am guilty of the ultimate error by sorting a wedding before the K1 Visa. Now I am preparing for the worst - looking at rescheduling the wedding or going ahead and then going down the K3 route.

1. Does anybody have experience of this and, should/can the K1 application be cancelled half way through?
.....
pushbrk
QUOTE(Yodrak @ Apr 30 2007, 11:20 AM) *
robburnsefc,

I withdrew my I-129f petition for my wife prior to approval because we had decided to get married and pursue a spousal visa. By the time they acknowledged my letter requesting withdrawal several months later they had just approved the petition.

The withdrawal of the I-129f for fiancee did not interfere with the processing of the I-130 and I-129f petitions for spouse.

Yodrak

QUOTE(robburnsefc @ Apr 30 2007, 02:00 PM) *
Hi! I am guilty of the ultimate error by sorting a wedding before the K1 Visa. Now I am preparing for the worst - looking at rescheduling the wedding or going ahead and then going down the K3 route.

1. Does anybody have experience of this and, should/can the K1 application be cancelled half way through?
.....



You may simply "withdraw" your petition by notifying USCIS in writing. There is no need to wait for a response. Just include a copy of your withdrawal letter with your subsequent petitions. You can file the I-130 the same day you marry, provided all the necessary documentation is available.
FutureAmerican
We had no problems withdrawing our K1 visa (it was still at the CSC, after NOA1, but no NOA2). Since then we got married in the UK, and have had no problems with our CR1 application (See my timeline below - we didn't bother applying for K3 as we were fine to stay in the UK till I'd got the full work authorisation etc that comes with the CR1). We visited the US in November, a couple of months after getting married in the UK - the immigration officer didn't even ask to see any of the evidence I'd brought with me (I had proof of ties to the UK such as letters from employers saying I was expected back at work, and also had copies of emails from the police/sheriffs departments I'd scheduled ride-alongs with in the US. Also had a copy of my NOA1 to prove I was following the legal route to emigration).

If you're planning to get married in the UK, or need any other info, feel free to PM me! good.gif
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