Deliberately delaying K-1 Process as both abroad!!

[Wes&Charlotte 4]

Hi All,

Few tricky questions, I hope you can help me...Situation: In order to closer to my fiance (US citizen) I decided to move the Cayman islands to wait out the processing time. I have work here etc etc...The thing is now he wants to join me and it's POSSIBLE that neither of us want to rush back to the US the moment I have a K-1 issued. I have 3 questions concerning this:

1) Is there any way I can delay process between NOA2 and K-1 interview (i think i read somewhere that I have 4 months to book the interview) or is this down to how long it takes for them to process and I have no control over it? ( I am aware that I do not have to enter the US until up to 6 months after k-1 visa issued.)

2) How will adavit of support be affected if my fiance has been working in Cayman for a few months prior to K-1 interview?

3) When we get to the stage of being offered a K-1 interview, and do not attend (i.e. if we decide to stay in Cayman)...is this then an automatic denial and will it make the re-application for k-1 (or k-3 at a later date) more difficult? In other words, if we were to withdraw application...at which point should we do this?

Any advice greatly appreciated!

C

[A'n'L 735]

1) Yes you can. Up to a year, at the discretion of the consulate. When you have your case nr, contact the consulate for further instructions.

2) He needs to show US income/employment in the affidavit, so that could be a challenge. Do you have a joint sponsor?

3) As long as you make sure to withdraw it, not just "let it die", you should be fine with a second application. You should prepare to explain why you abandoned the first one though :-)

Edited May 3, 2016 by A'n'L

[Wes&Charlotte 4]

Thanks so much for your reply. The "case number" you refer to, it that the one assigned to us by USCIS or another number later on? We recieved NOA1 a couple of weeks ago.

Also, what do you mean by "joint sponsor"? Does this mean that someone other than my fiance can support me financially?

If we are able to delay for up to a year, and then don't have to enter for another 6 months after issuance of K-1,then withdrawal should not be necessary.

[A'n'L 735]

No, the case number is assigned by NVC. This happens after NOA2, when your application leaves CSC and before it reaches the consulate :-)

Yes. In theory, any USC or LPR living in the US could sponsor you. Typically if would be someone's in your fiances family or a close friend.

[Wes&Charlotte 4]

No, the case number is assigned by NVC. This happens after NOA2, when your application leaves CSC and before it reaches the consulate :-)

Yes. In theory, any USC or LPR living in the US could sponsor you. Typically if would be someone's in your fiances family or a close friend.

You are a star, thanks so much! That's great because we are not really in the position to decide for a few weeks so waiting a little for a case number is ideal. Over the next few weeks everything should fit into place...I guess he will have secured a job back in the US by the time it comes to giving info about sponsor so we should be fine. Thanks so much for your help!

[Wes&Charlotte 4]

One more question....do you know if, when we defer we have to give a timeframe or is it left open ended until we contact the consulate to resume the process?