Applying for K1 after cancelling permanent residency application

[kona 0]

Hey,

So, I've had my permanent residency application pending for Employment Based Third preference for 3 years now, having originally applied to my employer in the USA to file back in '04. Everything has gone well, apart from the waiting of the priority cut-off dates to become current, which you may or may not be aware have retrogressed back to March 03 as of April this year. Therefore, as my personal situation has changed, do I cause myself any harm if I cancel my application at the current stage (which is essentially just waiting for an interview), and then get engaged to my partner who could apply for the K1 instead? Obviously I don't really want any negative "flags" on my record from cancelling my original application at the current stage which could jeopardise an application for the K1, but otherwise it'll be stupidly years and years to wait through the Employment Based Third preference.

What do you think?

Thanks!

[Kathryn41 3,205]

Are you legally resident in the US right now? If so, you could get married and apply from within the US to adjust your status to a permanent resident. Your husband would file an I-130 concurrently with your I-485 application. You would also file for Employment Authorization and Advance Parole at the same time and should be able to keep working as well as travel/return to the US while waiting for your AOS. Adjustment would be much faster than through employment means. You would have to prove the validity of your marriage at the interview to show that it wasn't just to circumnavigate the delays of the employment based visa.

A K-1 visa is for permission to enter the US from outside of the US for the purpose of getting married within 90 days. If you are already here and had no plans to get married when you last entered the US you can apply to change your status based on marriage to a US citizen It appears that your current status allows for adjustment to permanent resident through employment so you should be eligible to adjust status through family based means as well. If you are in the US already working then consider getting married and adjusting status that way.

If you are outside of the US then yes, you would need some sort of fiance or spousal visa in order to enter the US and adjust status. If you cancel your employment based application then you would have to leave the US at some time in order to activate the K-1 visa.

[kona 0]

Are you legally resident in the US right now? If so, you could get married and apply from within the US to adjust your status to a permanent resident. Your husband would file an I-130 concurrently with your I-485 application. You would also file for Employment Authorization and Advance Parole at the same time and should be able to keep working as well as travel/return to the US while waiting for your AOS. Adjustment would be much faster than through employment means. You would have to prove the validity of your marriage at the interview to show that it wasn't just to circumnavigate the delays of the employment based visa.

A K-1 visa is for permission to enter the US from outside of the US for the purpose of getting married within 90 days. If you are already here and had no plans to get married when you last entered the US you can apply to change your status based on marriage to a US citizen It appears that your current status allows for adjustment to permanent resident through employment so you should be eligible to adjust status through family based means as well. If you are in the US already working then consider getting married and adjusting status that way.

If you are outside of the US then yes, you would need some sort of fiance or spousal visa in order to enter the US and adjust status. If you cancel your employment based application then you would have to leave the US at some time in order to activate the K-1 visa.

No, No. I'm not in the USA at the moment, I am waiting for the permanent residency which will be years, unless I go down the K1 route... like I said, I am just cautious that cancelling my current permanent residency application would jeopardise a future K1 application?

[JeroenAndMichelle 28]

I doubt it makes any difference if you abandon it or not.. I would just go for the safe route, keep the permanent residency application, try the K1 and see whatever comes first

[kona 0]

I doubt it makes any difference if you abandon it or not.. I would just go for the safe route, keep the permanent residency application, try the K1 and see whatever comes first

I was under the impression that you can't have two visa applications pending concurrently... one will automatically make the other void, and then I've got a "refused" visa on my record to contend with too... hmmph