How do you stop the K-1 Visa processing?

[schmoopy 0]

I am not sure , but we spent $455.00 for the K-1 and want to cancel it so we can go the K-3 route and just get married here in the U.S., so we can be together. How do we stop the K-1 review? They have taken 3 months already and we want to be together as soon as we can. We love each other and this time is killing us here! Can we just cancel and get married. How do we cancel the K-1 ?

[Tater&Bugger 3]

Well getting married in the US would require the visa so I would recommend waiting it out. If you opt out and go the other route it will take slightly longer and your fiance cannot live in the US, only visit and that's if customs allows it. Like I said, you've invested 3 months of time already, I am sure the petition will be approved soon. You're almost at the half way point. You'd be sacrificing so much more by cancelling it.

[schmoopy 0]

Hello?There is a difference between K-1 Visa and K-3 Visa. K-3 Visa mean you are already married..so how do you know what would take less time? I am in U.S.. My fiance is in Ireland. I know there is a way to cancel it because it probably won't get approved due to the 134 form.

[marlea 84]

I am not sure , but we spent $455.00 for the K-1 and want to cancel it so we can go the K-3 route and just get married here in the U.S., so we can be together. How do we stop the K-1 review? They have taken 3 months already and we want to be together as soon as we can. We love each other and this time is killing us here! Can we just cancel and get married. How do we cancel the K-1 ?

The K3 and IR visas take just as long or longer than a K1. Just be patient. If you are already 3 months in you are likely about halfway there. You cannot just get married and be together. If you want to go that route, that will add a lot more time to your time apart. It's hard for everyone who has to be apart from their loved one, but in the grand scheme of things, a few months isn't that long. Just be patient and it will all work out soon.

[katie & sifa 25]

Hello?There is a difference between K-1 Visa and K-3 Visa. K-3 Visa mean you are already married..so how do you know what would take less time? I am in U.S.. My fiance is in Ireland. I know there is a way to cancel it because it probably won't get approved due to the 134 form.

Right, but the K-3 or CR-1 still takes time. There is no visa that is automatic, even if you are already married, so you're still going to have to wait. Why not just stick it out with the wait you already have 3 months invested in instead of starting all over and waiting (still separated!) again?

[ryna 132]

Hello?There is a difference between K-1 Visa and K-3 Visa. K-3 Visa mean you are already married..so how do you know what would take less time? I am in U.S.. My fiance is in Ireland. I know there is a way to cancel it because it probably won't get approved due to the 134 form.

If you marry outside the US and file a K-3 (from scratch) it will most likely take more time to process than your current K-1. In addition, you'll still have to file the I-134 because the K-3 is also a non-immigrant visa that would require an AOS after arrival in the U.S.

I'm not 100% sure of all that, but I don't see how a K-3 gets you together faster. Married maybe, but not together unless you stay there...

[ValerieA 350]

Take a look at this link, here, for a comparison on the different visas. You would be going for a CR-1 now if you got married, since K-3s are being closed once the forms (you file both CR-1 and K-3 forms for a K-3 application) are sent to the NVC. I do not see there being an appreciable difference in the wait times, in fact, K-1s are typically slightly faster than CR-1s, and you are already 3 months into the process.

What you mentioned about the I-134 concerns me. Whichever visa category you go for, you have to fill out an affidavit of support. With the CR-1 it is an I-864. I don't know what the income requirements are for the I-134, but for the I-864 it is 125% of the poverty level. If the I-134 is an issue, I think the I-864 will be, too.

Edited July 19, 2010 by ValerieA

[schmoopy 0]

THIS IS BY MY FIANCE ON THE SAME FORUM: WHAT DO YOU THINK ABOUT THIS?

My fiancee and I (she is the petitioner) filed for a K-1 in April. They received the documents on April 20, so tomorrow it will have been 3 months since we embarked on this journey. Our main issue is that the only source of income for her is SSDI. Hence, there is no way for her to prove that she has enough income to ensure I will not become a burden to the state. Neither her mother or her sister are willing to sponsor us at this point so we are in a bit of a bind. I do have $28k in the bank, as well as a duplex in Florida which I own outright and of which the downstairs unit is currently occupied by a renter (as of July 1, with a 1 year lease). The rent at this point in time is only $550, and what ends up in my bank account is only about $400 every month. The upstairs unit will not be ready for rent until February of next year.

Because it seems pointless to wait another few months, only to have our application turned down due to the lack of a sponsor, we have been wondering whether or not we should void it and go for a K-3 or other visa instead. We want to get married and continue our life together in the U.S. It is that simple. I do not know if there are any other options besides the K-3 (perhaps there are lawyer firms or other establishments that would sponsor people in return for collateral and a certain fee?). It would certainly be preferable to continue on our current course so we may be together sooner rather than later. My fiancee and I would love to hear your thoughts on this matter.

[belinda63 2,981]

No matter what visa you apply for there will be a wait and there will be a requirement for evidence the immigrant will not become a public charge. If you can use the duplex since it is in the US as assets I am not sure but it would be worth checking out.

There is no legal instant way to have your fiance, spouse, mother, father, etc. obtain an immigrant visa.

[lesleysizeland 0]

THIS IS BY MY FIANCE ON THE SAME FORUM: WHAT DO YOU THINK ABOUT THIS?

My fiancee and I (she is the petitioner) filed for a K-1 in April. They received the documents on April 20, so tomorrow it will have been 3 months since we embarked on this journey. Our main issue is that the only source of income for her is SSDI. Hence, there is no way for her to prove that she has enough income to ensure I will not become a burden to the state. Neither her mother or her sister are willing to sponsor us at this point so we are in a bit of a bind. I do have $28k in the bank, as well as a duplex in Florida which I own outright and of which the downstairs unit is currently occupied by a renter (as of July 1, with a 1 year lease). The rent at this point in time is only $550, and what ends up in my bank account is only about $400 every month. The upstairs unit will not be ready for rent until February of next year.

Because it seems pointless to wait another few months, only to have our application turned down due to the lack of a sponsor, we have been wondering whether or not we should void it and go for a K-3 or other visa instead. We want to get married and continue our life together in the U.S. It is that simple. I do not know if there are any other options besides the K-3 (perhaps there are lawyer firms or other establishments that would sponsor people in return for collateral and a certain fee?). It would certainly be preferable to continue on our current course so we may be together sooner rather than later. My fiancee and I would love to hear your thoughts on this matter.

So are you talking about the beneficiary coming to America and the pair of you marrying and then applying for a K3? If so, you are breaking the law, bringing your partner to America to intentionally get married is illegal. Also, even if you apply for a K3 you need to ensure that the petitioner has enough money to support there partner. A K3 can still be denied and then you will be apart for longer. I do not think you have looked into this properly. Work on trying to find a co-sponsor.

It took 7 months for my fiance and I to receive our visa, was it hard to be away from each other? Of course! Are we in a better position to be together for the rest of our lives and live happily in America now that we have gone down the right route - definately!

Think about it before you cancel it.

[lesleysizeland 0]

I am not sure , but we spent $455.00 for the K-1 and want to cancel it so we can go the K-3 route and just get married here in the U.S., so we can be together. How do we stop the K-1 review? They have taken 3 months already and we want to be together as soon as we can. We love each other and this time is killing us here! Can we just cancel and get married. How do we cancel the K-1 ?

Edited July 19, 2010 by lesleysizeland

[SuicideBlonde 0]

So are you talking about the beneficiary coming to America and the pair of you marrying and then applying for a K3? If so, you are breaking the law, bringing your partner to America to intentionally get married is illegal. Also, even if you apply for a K3 you need to ensure that the petitioner has enough money to support there partner. A K3 can still be denied and then you will be apart for longer. I do not think you have looked into this properly. Work on trying to find a co-sponsor.

It took 7 months for my fiance and I to receive our visa, was it hard to be away from each other? Of course! Are we in a better position to be together for the rest of our lives and live happily in America now that we have gone down the right route - definately!

Think about it before you cancel it.

Lesley,

We would get married in September, I would return to Europe and we would then file for the K-3. Her mom and her sister are not willing to co-sponsor and she does not have any friends who are in a position to do so. It would be a shame because we have already been waiting 92 days for our NOA2 but I cannot see how we could possibly find someone else who would be willing to be a sponsor for us. If someone here would be willing to step forward and help us out that would be great. Nobody knows us though so why would they? Perhaps with a contract drawn up by a lawyer and a certain amount of money held in escrow. I do not know. With a house and $28k in the bank I could easily self-sponsor but the embassy told us that it is up to the State Department to make an exception like that. We will have been apart for 7 months already when I will return in September. I will return for a whole month in January but God knows for how much longer we will be apart after that yet again if we should go the K-3 route. Yes, I know, we should probably have gone the K-3 route straightaway but we mistakenly thought that I would be able to self-sponsor with the K-1. If anyone has any suggestions that could help us get out of our predicament we would be much obliged.

[Tater&Bugger 3]

Point short, you'd be denied regardless if that's your real concern. If your real concern is time and you just want to be together than stay on the path you're on. It's the best one.

[lesleysizeland 0]

Lesley,

We would get married in September, I would return to Europe and we would then file for the K-3. Her mom and her sister are not willing to co-sponsor and she does not have any friends who are in a position to do so. It would be a shame because we have already been waiting 92 days for our NOA2 but I cannot see how we could possibly find someone else who would be willing to be a sponsor for us. If someone here would be willing to step forward and help us out that would be great. Nobody knows us though so why would they? Perhaps with a contract drawn up by a lawyer and a certain amount of money held in escrow. I do not know. With a house and $28k in the bank I could easily self-sponsor but the embassy told us that it is up to the State Department to make an exception like that. We will have been apart for 7 months already when I will return in September. I will return for a whole month in January but God knows for how much longer we will be apart after that yet again if we should go the K-3 route. Yes, I know, we should probably have gone the K-3 route straightaway but we mistakenly thought that I would be able to self-sponsor with the K-1. If anyone has any suggestions that could help us get out of our predicament we would be much obliged.

I think you would be pretty lucky to find anyone on here to sponsor you, we are all in a position ourselves. Like me, i am here in the US and unable to work until i marry and then get the go ahead from our AOS. And like you said no one knows you right.

If your talking about time and not wanting to be apart for too long then i think your screwing yourself over by stopping the K1 and going for the K3, like you said it has already been 92 days, it wont be much longer but the problem you have is the money situation. This is going to be a problem on the K1 or the K3. The situation you will be in is married and apart rather than single and apart.

I think you would be pretty lucky to find anyone on here to sponsor you, we are all in a position ourselves. Like me, i am here in the US and unable to work until i marry and then get the go ahead from our AOS. And like you said no one knows you right.

If your talking about time and not wanting to be apart for too long then i think your screwing yourself over by stopping the K1 and going for the K3, like you said it has already been 92 days, it wont be much longer but the problem you have is the money situation. This is going to be a problem on the K1 or the K3. The situation you will be in is married and apart rather than single and apart.

Also, your partner is Schmoochy right?

[Darnell 8,478]

IMO, the K-1 visa process is faster than the CR-1 Visa process, even if by a few months.

I suggest you not stop the I-129F petition for the K-1 visa, at all.

Suggest you study up on how to 'show' these SSDI payments as income, instead. Sure, is not taxable W-2 income, but it IS income.

re: go the K-3 route and just get married here in the U.S. You are confused about the K-3 process, in it's entirety. Stop for a coupla days, read the guides section here again. (train yer eyes UP, click on GUIDES, and READ. please?)

Some errata on the K-3 visa:

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Edited July 20, 2010 by Darnell