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DKOliver

Cancelled Petition, Changed Mind

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Hello,

I had all the paperwork submitted after the K1 Visa, we got married, she got her work authorization but we had some serious problems so I decided to cancel after gruelling months of trying to work things out. I wrote a letter to revoke the K1 because that's how USCIS told me to cancel and I told them we would be getting divorced. I got a letter back stating that the petition is cancelled per my request and because of the anticipated divorce she is likely to become a public charge. 

 

My wife is asking if we can try again, even after I did all that. She has shown a real willingness to change and I sense a very different attitude in her. If we wanted to try again would I have to try to "re-open" the petition or submit a new one? would it still even be possible with her technically being here illegally? Thanks in advance for any replies. 

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Thread is moved from the K-1 Process forum to the "AOS from K Visas" main forum -- OP is at that stage.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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10 hours ago, DKOliver said:

Hello,

I had all the paperwork submitted after the K1 Visa, we got married, she got her work authorization but we had some serious problems so I decided to cancel after gruelling months of trying to work things out. I wrote a letter to revoke the K1 because that's how USCIS told me to cancel and I told them we would be getting divorced. I got a letter back stating that the petition is cancelled per my request and because of the anticipated divorce she is likely to become a public charge. 

 

My wife is asking if we can try again, even after I did all that. She has shown a real willingness to change and I sense a very different attitude in her. If we wanted to try again would I have to try to "re-open" the petition or submit a new one? would it still even be possible with her technically being here illegally? Thanks in advance for any replies. 

 

You have to file AOS (that's what you canceled, not K1) from the start.

 

Be prepare for some extra questioning - why you canceled in the first place, why you want to get back together, and most importantly how can you be sure your wife doesn't just want to file AOS because its her ONLY WAY to being a legal resident? Just saying. She cannot ever get a green card without your help.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Not to be a downer but .....

 

I would investigate what caused her change of heart. If it was so bad you cancelled AOS and considered divorce did she merely realize she had no path to a green card without you?  I would tread lightly, think it through and act with my head not my heart. Protect yourself, once she obtains her green card it's out of your hands, personally, I would be concerned her attitude might revert once she no longer needs you.


 

 

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17 hours ago, DKOliver said:

My wife is asking if we can try again, even after I did all that. She has shown a real willingness to change and I sense a very different attitude in her. If we wanted to try again would I have to try to "re-open" the petition or submit a new one? would it still even be possible with her technically being here illegally? Thanks in advance for any replies. 

Don't mean to sound insulting but you should be wary of a change in attitude as soon as the residency opportunity she depends on you for has been taken away. That sounds like conditional love to me.  At the very least you should give it some time - but yes if you decide to go through with it you can adjust her status in the US with the same docs you originally filed (I-485, etc)

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Posted (edited)
23 hours ago, DKOliver said:

Hello,

I had all the paperwork submitted after the K1 Visa, we got married, she got her work authorization but we had some serious problems so I decided to cancel after gruelling months of trying to work things out. I wrote a letter to revoke the K1 because that's how USCIS told me to cancel and I told them we would be getting divorced. I got a letter back stating that the petition is cancelled per my request and because of the anticipated divorce she is likely to become a public charge. 

 

My wife is asking if we can try again, even after I did all that. She has shown a real willingness to change and I sense a very different attitude in her. If we wanted to try again would I have to try to "re-open" the petition or submit a new one? would it still even be possible with her technically being here illegally? Thanks in advance for any replies. 

You revoked the status adjustment, not the K1.  I bet her attitude did change.  It's pretty sobering when you realize that you absolutely cannot adjust status without your spouse when you are a K1 visa holder. 

 

I think a willingness to change during the grueling months of trying to work things out would have been more reflective on the validity of her feelings and of your marriage than a willingness to change on the realization that she is losing her chance at PR status. 

 

I would stop, take a breath, and consider her actions and feelings and attitude towards you while the immigration papers were in process, not after you cancelled, before I re-file.  Only you know.  I'd go with gut feelings on this.  I think I know what they're telling you that you should do.

Edited by Nitas_man

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