Jump to content
forena99

Process for withdrawing from K-1 visa petition after approval and reapplying with the same person

 Share

20 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Armenia
Timeline
On 2/6/2017 at 5:21 PM, forena99 said:

I am asking a hypothetical question because there is a possibility that I may want to do one of two things:

1. Withdraw from from K-1 visa petition before the interview (or at the interview??) and then reapply later with the same person.

2. Get approved for the K-1 visa, he comes to the US, we decide NOT to get married in the 90 day window.  Can we apply again for the K-1 Visa, with each other? 

At what point is there a "point of no return", so to speak, or is there one?  What is the workflow for after the visa gets approved if you decide to not get married in the 90 window and reapply?

I am wondering what the process is for both of these scenarios.  I know scenario 1. is allowed, I just need to sign a waiver the second time I apply?  But what about scenario 2.?  Are there special considerations for reapplying for K-1 visa after you've been approved for the same person?  I'm wondering if there are others who have gone through this and can share their experience.  Or if anyone knows logistically what happens and how to do it, what is required.

 

Background:

As of now, I do want to move forward with the K-1 visa petition, but about a month ago, I was considering withdrawing the K-1 visa petition due to some news we had.  At the time, we were still pending our NOA2.  Now, however, we have been approved and going to NVC.  I'm still not 100% sure I want to move forward, which makes me nervous, but I feel MUCH better than I did a month ago.  I feel like we just need to talk things through and I'm not *really* going to know until we are together.  I basically wish I had more time with him, but it was my choice to put the petition through when I did and I don't regret it, but am wondering what my options are if for some reason I decide we DO need more time to really know this is what we want.  

 

I hope my questions are clear.  I'm basically wondering what are all the points where I could potentially say, "Let's wait and reapply when we are sure".  At what point is it too late to do that, or does such a point exist?

 

Let me know if you have any questions.  

Thanks!

Forena99

 

Option 1 is your best choice in my opinion but withdraw before the interview. When you guys are 100% sure reapply again. 

Even though technically you are not breaking any laws by going with option two as long as he doesn't say more then 90 days, it seems a little odd to do that specially if you are thinking replying. Both options most likely will raise questions during interview when you reapply, just be prepared for that.

 

Good luck 

 

event.png

K1 from Armenia
I-129F Sent : 2013-01-16
I-129F NOA1 : 2013-01-24
I-129F NOA2 : 2013-05-21

NVC Pkg. Rcv. : 2013-06-03

Interview : 2013-07-16 (APPROVED)

US Entry : 2013-10-05

Got Married : 2013-10-15

Link to comment
Share on other sites

Filed: K-1 Visa Country: Cuba
Timeline
19 minutes ago, ckurt said:

Option 1 is your best choice in my opinion but withdraw before the interview. When you guys are 100% sure reapply again. 

Even though technically you are not breaking any laws by going with option two as long as he doesn't say more then 90 days, it seems a little odd to do that specially if you are thinking replying. Both options most likely will raise questions during interview when you reapply, just be prepared for that.

 

Good luck 

 

Hi @ckurt,

What's the best way of withdrawing before the interview at this point in your opinion?  Calling in?  I have to send written notice, I presume.  Thanks!

Removal of Condition on Residency
09/24/20...Submitted I-751
10/06/20...NOA Date

10/08/20...Check cashed
01/13/21...Moved to local USCIS (WAC)
03/02/21...Letter of Approval (biometrics & interview waived)
03/06/21...Green Card Received

...

 

RGyvm8.png

Link to comment
Share on other sites

Filed: K-1 Visa Country: Armenia
Timeline
3 hours ago, forena99 said:

Hi @ckurt,

What's the best way of withdrawing before the interview at this point in your opinion?  Calling in?  I have to send written notice, I presume.  Thanks!

I would call & also send a written explanation.

event.png

K1 from Armenia
I-129F Sent : 2013-01-16
I-129F NOA1 : 2013-01-24
I-129F NOA2 : 2013-05-21

NVC Pkg. Rcv. : 2013-06-03

Interview : 2013-07-16 (APPROVED)

US Entry : 2013-10-05

Got Married : 2013-10-15

Link to comment
Share on other sites

  • 5 months later...

I hate to piggie back of your question, Forena, but I am in a somewhat similar situation in regards to unsure if a K1 Visa is the best for me at this moment. I work in the Middle east and get about 100 days of vacation a year which I spend with my fiancee in Manila. We started the K1 process when It appeared I'd be losing my job and moving back to the states, the process is all but completed aside her K1 interview on Sep 21(1 month from this posting). However, I recently was offered a transfer to another job in a different mideast country but the leave/vacation days will be the same. I would much rather remain in the Philippines because I love it there and it is only a 8 hour flight from where I work compared to the 26 hour marathon to the States. Also, I'd be more-or-less leaving my girl in the states with my mom while I work overseas. 

 

I guess my question is would it be a black mark on my "file" if I withdraw my application? I intend on getting married in the Philippines if we withdraw the K1 and applying for a K3 visa when the time is right.

 

Thanks for any help!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Cuba
Timeline
12 hours ago, rhealy6322 said:

I hate to piggie back of your question, Forena, but I am in a somewhat similar situation in regards to unsure if a K1 Visa is the best for me at this moment. I work in the Middle east and get about 100 days of vacation a year which I spend with my fiancee in Manila. We started the K1 process when It appeared I'd be losing my job and moving back to the states, the process is all but completed aside her K1 interview on Sep 21(1 month from this posting). However, I recently was offered a transfer to another job in a different mideast country but the leave/vacation days will be the same. I would much rather remain in the Philippines because I love it there and it is only a 8 hour flight from where I work compared to the 26 hour marathon to the States. Also, I'd be more-or-less leaving my girl in the states with my mom while I work overseas. 

 

I guess my question is would it be a black mark on my "file" if I withdraw my application? I intend on getting married in the Philippines if we withdraw the K1 and applying for a K3 visa when the time is right.

 

Thanks for any help!

Hi @rhealy6322,

I think your situation is straight forward.  Different than my situation where I was planning on applying for K-1 again later.  Turns out I did not do that and I moved forward with the interview, etc.  But, my main question here was HOW to withdraw, not whether or not the act would 'tarnish' my file somehow.  I was/am very clear on "what it may look like" to the CO's, but that is something I was willing to deal with in order to do the right thing.  Sounds like you are doing the same thing and are doing what is best for you.  I don't see any issues with it.  You gotta do what you gotta do, as they say.  As long as you are prepared when the interview (for the K-3) comes up (I'm presuming they have an interview, too, but I actually don't know), but that is what our system is there to do.  I would encourage you to do what is best for you and your fiance.  

Good Luck!

Forena99

Removal of Condition on Residency
09/24/20...Submitted I-751
10/06/20...NOA Date

10/08/20...Check cashed
01/13/21...Moved to local USCIS (WAC)
03/02/21...Letter of Approval (biometrics & interview waived)
03/06/21...Green Card Received

...

 

RGyvm8.png

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...