Canceling K-1 visa to do CR1

[TanguyAndJuliet 8]

Hello everyone!
My fiance and I are waiting for packet 3 from the embassy in Paris. We have been very stressed due to this whole process and just made plans to see each other later this month. We are debating the possibility of just getting married this month and canceling the K-1 application and starting over with the CR1 visa. We're both at a time in our lives where his emigration here will cause some financial hardship and would be okay with starting over with the CR1 route so we could both save up more money. We have not made a decision yet since we are already so close to getting his visa, we're just looking at our options. We are aware that we will have to be apart longer while it is processing, and we are okay with it. What are your thoughts? Would canceling the K-1 this late in the game be detrimental to obtaining a spousal visa?

Thank you.

[JDWright 30]

It would not have any effect, but I don't think anyone here would advise you to withdraw so close to the finish line. Packet 3 is as you would know 1 packet away from interview and possible issuance. IMO at this juncture you should just finish the process rather than withdraw now and have to spend quite a bit more on that visa initially and wait time of a year in some cases.

[KayDeeCee 4,891]

Will not hurt your chances of getting the spousal visa approved. Will just be another petition fee of $420 for the I-130 to start the process, which will take around a year to complete.

The K-1 visa gives up to 6 months before entry, and you could delay the interview process as well, if you want to delay the entry and marriage. The petition can be extended by the consulate. Might be a better option than starting all over again.

9 FAM 41.81 N6.2 Validity of a K-1 Petition
(CT:VISA-2165; 08-21-2014)

An approved K-1 visa petition is valid for a period of four months from the date of USCIS action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States.

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

[TanguyAndJuliet 8]

Thank you for the responses. How could we go about extending the petition validity? Would sending a written letter directly to the consulate be best? Or should we submit everything Packet 3 asks and schedule the interview for a later date?

[KayDeeCee 4,891]

Contact the consulate through email. Give them your case number and let them know you need to postpone your interview and ask if they can extend the expiration of your I-129F. Not sure how far out you can choose, but if you can choose a date that is far enough away that works for you, then go ahead and do that before emailing them to ask about the petition being extended.

They usually extend them automatically when you schedule an interview past the expiration of the petition, but cannot hurt to ask them and get it in writing that they are extending it for you.

[TanguyAndJuliet 8]

Okay, knowing that is a possibility makes me feel a little better. Delaying the interview a month or two and taking into account the 6 month validity period of the K-1 should give us the appropriate amount of time. Thank you for your assistance!

Edited July 13, 2015 by TanguyAndJuliet

[KayDeeCee 4,891]

You are welcome, and good luck.