Cancelling K1 approved petition

[zachnaomi 0]

Anyones help is very much appreciated on this topic.

My approved petition has arrived here in Sydney, and the US Consulate has given me the go ahead to start "packet 3".

My fiance is in the military and has been under alot of stress, he has been through 3 serious facial operations within the past few months. His face keeps getting infected and the infection has ate away into his nasal canal. He is now seeking medical help elsewhere.

He can not ingage in any physical training, the pain is too bad. Their may be a possiblity he can get out on medical benifits, or the possability he may deploy in August or soon afterwards gathering he has recovered from surgery.

If he was to deploy in August, (not too far away) i would have to have my visa approved here, head to the states get married get green card approved all before he deploys..whats the chance of that? very slim chance, plus i dont want to have to rush.

On top of this the military is causing alot of stress on him in other areas. So we dont know if he will deploy? stay on rear detachment? or get out on a medical discharge?

The stress is brewing for both us and our families. We dont want this stress on us when we have just got married, thats not good for any relationship. We did not expect the visa to take this long but time has dragged on and it just happens to be that the visa is moving and the military is causing us stress.

What im trying to say is.....the stress the military has on him and the rushing to do this, is not how we want it to be, there is just way too much going on. If we were to cancel my K1, does it stop us from applying for it again or other visas for america or australia? Do i write to the USCIS and let the know its military/deployment related. I dont want them to think we just havent worked out...Just bad timing and no control over what has been thrown at us.

Our love is stronger than ever right now, but the military is not giving us answers.

Your help is very much appreciated.

[JimVaPhuong 4,863]

I don't know how much time you think you'll need, but you may be able to buy enough time without having to cancel anything. The consulate will usually extend the validity of the approved petition, often for as long as a year. If that sounds like it might be enough time, then email the consulate and ask them about it. Often, the only thing that's required is that you inform them that you do intend to submit a visa application at some point. They may require you to reaffirm your intentions periodically. Once you submit the visa application, you usually have a month or two before the interview. Once the visa is issued, you have a further 6 months to actually use the visa to travel to the US.

So, in all, you might be able to postpone your arrival in the US for up to 20 months, depending on the consulate.

If you don't submit a visa application to the consulate then the petition will eventually expire on it's own. If you notify the consulate that you don't intend to submit a visa application, then the petition will expire 4 months after it was approved. Notifying them should prevent them from automatically extending the approval of the petition. Your fiance could also cancel the petition by notifying USCIS and the consulate (I think a notarized letter is required). However, this shouldn't be necessary.

A canceled or expired K1 petition should normally not affect your future ability to visit the US.

[pushbrk 12,131]

I don't know how much time you think you'll need, but you may be able to buy enough time without having to cancel anything. The consulate will usually extend the validity of the approved petition, often for as long as a year. If that sounds like it might be enough time, then email the consulate and ask them about it. Often, the only thing that's required is that you inform them that you do intend to submit a visa application at some point. They may require you to reaffirm your intentions periodically. Once you submit the visa application, you usually have a month or two before the interview. Once the visa is issued, you have a further 6 months to actually use the visa to travel to the US.

So, in all, you might be able to postpone your arrival in the US for up to 20 months, depending on the consulate.

If you don't submit a visa application to the consulate then the petition will eventually expire on it's own. If you notify the consulate that you don't intend to submit a visa application, then the petition will expire 4 months after it was approved. Notifying them should prevent them from automatically extending the approval of the petition. Your fiance could also cancel the petition by notifying USCIS and the consulate (I think a notarized letter is required). However, this shouldn't be necessary.

A canceled or expired K1 petition should normally not affect your future ability to visit the US.

All correct. I wouldn't take any action to withdraw the petition. Best to keep your options open until you've decided for certain what to do.

[Eric & Lizeth 0]

If I may throw in my opinion...

I am a soldier, too, so I know something about the way the military works. From what you've described, I fid it very UNLIKELY that he would be eligible for deployment anytime in the near future. Before ANY soldier can deploy, they must pass a physical exam. I doubt that anyone would stamp his papers for approval to deploy.

Now, whether or not he can get a medical disharge is a different story. There's a pretty lengthy process for that which could take at least a year to happen.

my thoughts to you is to keep doing what you've been doing. Judging from what you've said, you've come pretty far in this process. I understand that the military can make life difficult for anyone--without having to go through the process of bringing a foreign fiance into the country. I would hate for you to give up on everything, at least for now. Don't lose hope--everything will work out in the end.

Eric