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I am strongly considering canceling my K1 visa application and going to my fiancee's country to live and marry instead (Peru). Is it hard to cancel the K1 visa? Will it make problems if we want to come back to the US later on a DCF/CR1 visa?

I have only gotten to the NOA1 stage. I can't find a job here, so I don't know how I will support myself, let alone him, once he gets here and has to wait to work.

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No it is not difficult to withdraw a K1, it can just take a while. If you want to withdraw write a letter to the CSC (address listed on your NOA1) stating you want to withdraw. You will also want to follow this up with a phone call. No it will not make it more difficult to file again in the future-especially filing for a CR1/IR1 instead. Just make sure before you withdraw, be sure you are going to move to peru! You do not need to cancel until the move is final, if you decide to go to peru. You can withdraw up until your interview or even after by writing a letter to the relevant place and following up with an email/phone call.

If you want me to elaborate on the process, let me know, I have withdrawn a K1 previously.

Whichever path you choose-Good Luck!


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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Thank you! When you say it can take a while, how long do you mean?

If my fiancee were to apply for a tourist visa to visit me in the US while the K1 was being cancelled, how would that work? I would imagine it wouldn't look great in his interview. For example, if I wrote the letter to cancel it but hadn't received an answer yet, and he tried to get a B2 tourist visa, would he have to mention the K1?

I received my NOA2 so I would need to write to NVC to cancel it.

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Send a notarized letter stating that you want to withdraw your I-129F petition to the USCIS service center that adjudicated your I-129F petition, the NVC and the consulate in Peru. Include a copy of your receipt notice and/or approval notice so they can see all the info for your case.

No reason needed.

Withdrawing an I-129F petition will not have an impact on applying for future visas.

http://www.state.gov/documents/organization/87391.pdf

9 FAM 41.81 N7 TERMINATION OF K VISA PETITION APPROVAL
(CT:VISA-1845; 06-25-2012)

USCIS regulations (8 CFR 214.2(k)) provide that the death of a petitioner or written withdrawal of the petition prior to the arrival of the beneficiary in the United States automatically terminates the approval of the petition. The consular officer should return the petition to the approving USCIS office with an appropriate memorandum.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Send a notarized letter stating that you want to withdraw your I-129F petition to the USCIS service center that adjudicated your I-129F petition, the NVC and the consulate in Peru. Include a copy of your receipt notice and/or approval notice so they can see all the info for your case.

No reason needed.

Withdrawing an I-129F petition will not have an impact on applying for future visas.

http://www.state.gov/documents/organization/87391.pdf

9 FAM 41.81 N7 TERMINATION OF K VISA PETITION APPROVAL

(CT:VISA-1845; 06-25-2012)

USCIS regulations (8 CFR 214.2(k)) provide that the death of a petitioner or written withdrawal of the petition prior to the arrival of the beneficiary in the United States automatically terminates the approval of the petition. The consular officer should return the petition to the approving USCIS office with an appropriate memorandum.

So I need 3 letters total? Right now the petition is at the NVC, it hasn't gone to the consulate in Peru yet. Can't I just write one letter to NVC?

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Sure, but to cover all bases, why not write one letter, make copies and send it to all 3? The NVC does not keep a K-1 case for very long. It just passes through within days.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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So I need 3 letters total? Right now the petition is at the NVC, it hasn't gone to the consulate in Peru yet. Can't I just write one letter to NVC?

Does he already have a B2? Those can be really hard to get for people who have strong ties in the US. They'll see the cancelled K1, he won't have to tell them about it--they'll already know. I know that you mentioned moving to his country, so maybe it doesn't matter, but I would *not* count on a B2 to be able to visit.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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