abandon / cancel k3?

[k32007 0]

Hi,

We petitioned for & received K3 visa for my spouse but due to circumstances needed to return overseas. My question is what do we need to do to cancel the k3 for my spouse? Or can we just let it expire & be 'abandoned'. We have not yet applied for AOS. Obviously, we want as few issues for her to return as a visitor (from a VWP country) and if/when we eventually do look for PR in USA.

Thanks.

Edited January 2, 2010 by k32007

[Richard90027 1]

Hi,

We petitioned & received K3 visa but due to circumstances needed to return overseas

Have a nice trip

[Dakine 26]

Hi,

We petitioned for & received K3 visa for my spouse but due to circumstances needed to return overseas. My question is what do we need to do to cancel the k3 for my spouse? Or can we just let it expire & be 'abandoned'. We have not yet applied for AOS. Obviously, we want as few issues for her to return as a visitor (from a VWP country) and if/when we eventually do look for PR in USA.

Thanks.

Why not continue with the CR-1? You have 1 year since the last time you did anything with NVC.

[Malrothien 6]

Have a nice trip

Knock it off with the snarky comments, ugh.

[Kathryn41 3,205]

Knock it off with the snarky comments, ugh.

Thank you, Malrothien.

If you can't post something useful, then do not post at all. Smart-alecky comments are not useful and are not acceptable in the immigration forums.

[payxibka 10,044]

Hi,

We petitioned for & received K3 visa for my spouse but due to circumstances needed to return overseas. My question is what do we need to do to cancel the k3 for my spouse? Or can we just let it expire & be 'abandoned'. We have not yet applied for AOS. Obviously, we want as few issues for her to return as a visitor (from a VWP country) and if/when we eventually do look for PR in USA.

Thanks.

You can just let it expire naturally.... she can use it for enter/exit until it does....

[Darnell 8,478]

Uhm - thats a 2 year 'validity' once she's come through POE, that first time.

I suggest you view it as a multi-entry visa, for those 2 years - but I've no idea how long to 'be out of USA', each time. I not think the same PR/GreenCard rules apply.

If there's some divorce proceedings later, well, thats a different situation.

HTH?

[k32007 0]

You can just let it expire naturally.... she can use it for enter/exit until it does....

So, there's no requirement or perceived benefit to giving any notification to USCIS that we will not be pursuing AOS/PR/CR? Every time we enter US the immigration officer asks whether we've applied for AOS, which we have not done. We don't want to be disingenuous but don't want to end up in the 'too hard' basket either.

As mentioned in OP, circumstances have changed b/w original petition and the present -- and we are now overseas indefinitely.

[k32007 0]

Uhm - thats a 2 year 'validity' once she's come through POE, that first time.

I suggest you view it as a multi-entry visa, for those 2 years - but I've no idea how long to 'be out of USA', each time. I not think the same PR/GreenCard rules apply.

If there's some divorce proceedings later, well, thats a different situation.

HTH?

Thanks for your input.

Right... K3 is valid for 2 years from original entry. And, even if the PR/GC rules applied, she will not be out of the US for more than 1 year during the 2 year period - so that shouldn't be an issue. With all due respect, the question has nothing to do with separation or anything to do with the relationship but rather the question is, if there is any need to advise USCIS that we're abandoning the immigration process, at least for the time being.

Once the K3 visa lapses/expires, will the fact of the abandonment cause:

a) any issues if/when, in the future, we petition for either IR-1 or K3?

B) any issues for her coming to US for a visit under VWP?

Thanks.

[Dakine 26]

I don't know if it comes into play. You can extend the K3 for 2 yaers

You may apply for extension of stay while on K-3 spouse visa using Form I-539, Application to Extend or Change nonimmigrant status, 120 days prior to the expiration of your authorized stay. Extension will be granted in two-year intervals.

Edited January 2, 2010 by Dakine

[VanessaTony 3,567]

Thanks for your input.

Right... K3 is valid for 2 years from original entry. And, even if the PR/GC rules applied, she will not be out of the US for more than 1 year during the 2 year period - so that shouldn't be an issue. With all due respect, the question has nothing to do with separation or anything to do with the relationship but rather the question is, if there is any need to advise USCIS that we're abandoning the immigration process, at least for the time being.

Once the K3 visa lapses/expires, will the fact of the abandonment cause:

a) any issues if/when, in the future, we petition for either IR-1 or K3?

B) any issues for her coming to US for a visit under VWP?

Thanks.

Personally to be safe, I would contact USCIS about it. If you know FOR SURE that you won't be needing/using it I'd tell them and have it cancelled. I don't know what's involved with that but I would definitely call/email first just so i'm sure there's no issues.

Here's an article I found: http://www.goldsteinvisa.com/immigrant-visa.html (go to "Abandonment").

The only time VWP is ineligible is if a visa has been denied, or you've been deported (here's the Aussie info): http://canberra.usembassy.gov/consular/visas/niv/vwp.html so I don't think it will be an issue. It's always up to border patrol though and whether they think you're at risk of overstaying and I think a cancelled petition for whatever reason looks better than abandoned.

[payxibka 10,044]

Uhm - thats a 2 year 'validity' once she's come through POE, that first time.

HTH?

ummm.. no... A k-3 has a two year validity that starts the day the visa is issued... nothing to do with the first day one comes through the POE

[pushbrk 12,154]

ummm.. no... A k-3 has a two year validity that starts the day the visa is issued... nothing to do with the first day one comes through the POE

Pay is correct. This is an easy issue to confuse. Visas are used to enter the USA, so an expired K3 cannot be used to enter the USA but upon initial entry, the I-94 will provide valid status for two years from the entry date.

As for the original question, I don't see any issue with continuing to use the K3 visa until it expires, or to request its validity be extended. After all, extension and no need to maintain permanent residency are two of the unique benefits of the K3 visa. It's also why the visa is only virtually obsolete. The need for the unique benefits is kind of rare but there are cases like this where K3 can be quite useful.

[k32007 0]

Pay is correct. This is an easy issue to confuse. Visas are used to enter the USA, so an expired K3 cannot be used to enter the USA but upon initial entry, the I-94 will provide valid status for two years from the entry date.

As for the original question, I don't see any issue with continuing to use the K3 visa until it expires, or to request its validity be extended. After all, extension and no need to maintain permanent residency are two of the unique benefits of the K3 visa. It's also why the visa is only virtually obsolete. The need for the unique benefits is kind of rare but there are cases like this where K3 can be quite useful.

Yes, I agree on the validity point - I didn't mean to confuse the issue.

As to the K3 visa extension, which would be preferred, is there a requirement for the AOS paperwork to have been filed in order to obtain the extension? Or, is it possible to extend the non-immigrant status indefinitely, in two year increments, without filing the i-485? I had presumed that once the AOS (i-485) form is filed that it would only be a matter of time (from the timelines approx 3-4 months) before PR would be granted. Given present circumstances, we would either need to abandon the process entirely or, preferably, extend the non-immigrant status as converting to immigrant status at this time is not possible.

PS I realize almost everyone else on these boards is trying to achieve what we are proposing to abandon so I apologize if this line of question adds any distress to a traumatic experience - I do not do this with caprice. I do, however, value the opinion of the readership on the question at hand.

[pushbrk 12,154]

Yes, I agree on the validity point - I didn't mean to confuse the issue.

As to the K3 visa extension, which would be preferred, is there a requirement for the AOS paperwork to have been filed in order to obtain the extension? Or, is it possible to extend the non-immigrant status indefinitely, in two year increments, without filing the i-485? I had presumed that once the AOS (i-485) form is filed that it would only be a matter of time (from the timelines approx 3-4 months) before PR would be granted. Given present circumstances, we would either need to abandon the process entirely or, preferably, extend the non-immigrant status as converting to immigrant status at this time is not possible.

PS I realize almost everyone else on these boards is trying to achieve what we are proposing to abandon so I apologize if this line of question adds any distress to a traumatic experience - I do not do this with caprice. I do, however, value the opinion of the readership on the question at hand.

You "apply" to extend the visa, which by definition would indicate the possibility of denial. To my knowledge you need not have filed AOS to extend the visa.