Withdrawing K-1 petition

[S Wilson 0]

Hello everyone. Thanks to all those who post and to all those who provide the many helpful responses. I've been reading VJ for about 2 years, but I've posted only once. It's a great forum and a great place to get answers from those who have 'been there, done that'!

I really need some advice. I have a terribly unfortunate situation with my K-1 fiancee and I think it will be necessary to withdraw my petition. So close, yet so far away!! I have received two letters from the NVC since August 26 stating that my petition would be forwarded to the Russian consulate within one week. During this time, my petition has been in the dreaded AP. I feel sure that it is probably on the way to Moscow now, but I haven't checked because the point is now moot. Nevertheless, my fiancee's family (mother, father and daughter) has multiple family health issues and health care provider issues that will make it impossible for her to come to the U.S. when her visa is approved. The nature and severity of her family's health issues are such that I think it will be impossible for her to come at any time in the near or distant future. My fiancee and I are totally devastated, but the situation is what it is. She must remain in Russia to help her family. Consequently, I need to know if it would be preferable for me to write the USCIS or the Moscow embassy and withdraw my petition. I would prefer to handle this as professionally and responsibly as possible by letting the state department know what has happened.

Please, does anyone have a suggestion? ...or suggestions?

[Gary and Alla 3,694]

Hello everyone. Thanks to all those who post and to all those who provide the many helpful responses. I've been reading VJ for about 2 years, but I've posted only once. It's a great forum and a great place to get answers from those who have 'been there, done that'!

I really need some advice. I have a terribly unfortunate situation with my K-1 fiancee and I think it will be necessary to withdraw my petition. So close, yet so far away!! I have received two letters from the NVC since August 26 stating that my petition would be forwarded to the Russian consulate within one week. During this time, my petition has been in the dreaded AP. I feel sure that it is probably on the way to Moscow now, but I haven't checked because the point is now moot. Nevertheless, my fiancee's family (mother, father and daughter) has multiple family health issues and health care provider issues that will make it impossible for her to come to the U.S. when her visa is approved. The nature and severity of her family's health issues are such that I think it will be impossible for her to come at any time in the near or distant future. My fiancee and I are totally devastated, but the situation is what it is. She must remain in Russia to help her family. Consequently, I need to know if it would be preferable for me to write the USCIS or the Moscow embassy and withdraw my petition. I would prefer to handle this as professionally and responsibly as possible by letting the state department know what has happened.

Please, does anyone have a suggestion? ...or suggestions?

FWIW you can request extensions to the approved petition, 4 months at a time. These are usually approved and can be approved more than one time, some consualtes set a limit of 1 year for extensions (3). The visa is valid for 6 months after issue. It is possible to ecxtend the visa for a year and her arrival for 18 months.

That said, if you want to withdraw the petition, you would contact the embassy at this point. Since the petition has already been approved, you would need to request a waiver for any new petition filed within the next two years, but it should not be a problem given the circumstances.

[S Wilson 0]

Hello everyone. Thanks to all those who post and to all those who provide the many helpful responses. I've been reading VJ for about 2 years, but I've posted only once. It's a great forum and a great place to get answers from those who have 'been there, done that'!

I really need some advice. I have a terribly unfortunate situation with my K-1 fiancee and I think it will be necessary to withdraw my petition. So close, yet so far away!! I have received two letters from the NVC since August 26 stating that my petition would be forwarded to the Russian consulate within one week. During this time, my petition has been in the dreaded AP. I feel sure that it is probably on the way to Moscow now, but I haven't checked because the point is now moot. Nevertheless, my fiancee's family (mother, father and daughter) has multiple family health issues and health care provider issues that will make it impossible for her to come to the U.S. when her visa is approved. The nature and severity of her family's health issues are such that I think it will be impossible for her to come at any time in the near or distant future. My fiancee and I are totally devastated, but the situation is what it is. She must remain in Russia to help her family. Consequently, I need to know if it would be preferable for me to write the USCIS or the Moscow embassy and withdraw my petition. I would prefer to handle this as professionally and responsibly as possible by letting the state department know what has happened.

Please, does anyone have a suggestion? ...or suggestions?

FWIW you can request extensions to the approved petition, 4 months at a time. These are usually approved and can be approved more than one time, some consualtes set a limit of 1 year for extensions (3). The visa is valid for 6 months after issue. It is possible to ecxtend the visa for a year and her arrival for 18 months.

That said, if you want to withdraw the petition, you would contact the embassy at this point. Since the petition has already been approved, you would need to request a waiver for any new petition filed within the next two years, but it should not be a problem given the circumstances.

Gary and Alla, Thank you very much for your quick response and your excellent advice. Me and my fiancee must make a decision very soon or formulate a plan to delay her return to me. The 'story' of our journey is a little longer than I wrote about in my first post. We had a K-1 visa approved in October 2008, and she arrived in the U.S. in November 2008. However, because of the family medical issues that I referred to, it was necessary for her to return to Russia before we were married. We filed a I-129F again in April 2009 with the hope that the family medical issues would be completely resolved before it was approved again....and, yes, I asked for a waiver even though I was not certain that it was necessary for the same fiancee. However, the medical issues continues to be the 'AP' of our journey. Nevertheless, both of us have persevered and hoped for the best. I have read about many different immigration issues for a long time on VJ; and, your responses to different posts and difficult issues are always well-reasoned and supported by official immigration policies and practices. Thanks again for all your help for all the VJ members!!

[Justine+David 218]

Can you move to Russia to be with her for awhile? You can get married and then file for a CR1 which can take quite awhile if you need time. Sorry to hear about your situation

[thongd4me 69]

You've said a lot about the obstacles to her coming to the US and Gary & Alla

gave an appropriate response relative to that.

Have you ever thought of going to live with her in Russia since you seem to

be so committed? Are your family ties/responsibilities preventing you from

doing this, or are you not young enough to switch your career path slightly?

[thongd4me 69]

Can you move to Russia to be with her for awhile? You can get married and then file for a CR1 which can take quite awhile if you need time. Sorry to hear about your situation

We said the same thing simultaneously

[Justine+David 218]

Nope, I beat you by a minute!

Edited October 3, 2009 by Justine+David

[thongd4me 69]

Nope, I beat you by a minute!

I suppose you did, comparing your atomic clock to my sundial

[SuperDuper! 230]

Nope, I beat you by a minute!

I suppose you did, comparing your atomic clock to my sundial

You have a sundial?! All I have is a water clock.

[S Wilson 0]

Can you move to Russia to be with her for awhile? You can get married and then file for a CR1 which can take quite awhile if you need time. Sorry to hear about your situation

Thanks a lot for all the helpful suggestions. We have discussed the practical side of my going to Russia, getting married, living there for a while, and doing the CR1 process. This idea is not 'off the table.' She has serious reservations about the practical success of this possibility. I have strong family ties and commitments in the U.S., do not speak very much Russian, and I think, given the poor economy in Russia now, may find it very difficult to get employment. As I write, we are still discussing all the different possibilities each day, but have not formulated a good plan. Normally, she is a very confident woman who knows what she wants and is proactive in getting it. We became engaged in August 2007, and everything went as planned until December 2008 when she came to the U.S. to be with me. Then, the 'seemingly unsolvable' difficulties began. The difficulties have continued to become more complex for her, her family, and her work. All this has really taken it's toll on her--she has lost so much of her confidence, and possibly her willingness to continue this 'struggle.' I do not wish to stereotype anyone or any group of people, but she has a strong belief in 'Destiny's role' in all this--right or wrong, it is what it is. Now, I fear that she is ready to surrender to the difficulties...but I know she will not be happy and neither will I. At this moment, I don't have a clue or a plan! Sorry! Just venting! Again, thanks for all the help.