Cancelled I-129F petition, marry later and file CR-1?

[max+patricia 24]

Hey folks,

It has been a rough few months for my fiancee and I. We filed the I-129F in December last year, got NOA2 in April, had our interview date about a week ago - everything was great - but a few days before the interview we decided to cancel it. This was something that we did not take lightly - we actually canceled it a month before as well (for the same reason) but got scared and were able to contact the embassy before they returned it to NVC. This time though, we intend to leave it as it is. The embassy staff in Caracas has been excellent in their dealings with us - but we are a bit worried our back and forth may have annoyed them. We'd be annoyed by us by now...

First of all, none of this is due to inconsistency in our relationship, but rather some admittedly late considerations about our current living situations. My fiancee is 3 years into her studies at her university in Venezuela, completely paid for - and we started realizing it was crazy for her to bail on that being so close to finishing, to come here and start at zero (hardly anything would transfer) plus have to pay for all of it herself. I am also all over the place with work between the mainland and Hawaii - which I began to realize wasn't fair for her to be thrown into such back and forth right now. We came to conclude we need to finish things up to be a bit more stable before taking the next big jump. My fiancee and I have known each other for 8+ years and have been together for almost 3 years - we are just trying to do what's best for each other and for us as a couple - but realize we are dealing with some pretty serious circumstances that we need to get figured out now (and should have better considered before starting all of this)

My questions are these -

* Will our canceled I-129F/K-1 have any negative effect on us if we were to marry sometime in the next 5-6 months and file for a CR-1?

I have read some things saying "cancelled with prejudice" and "cancelled without prejudice" - but since we didn't actually even have the visa to be cancelled without prejudice, I assume this would also apply to the petition itself? They made no decision on it - we did.

I'm trying to plan this out so that my fiancee will be done with school in July next year - we could get married sometime this winter and then file for the CR-1 - probably putting our interview at sometime next summer which would be perfect timing. Is there anything we should know about our cancelling of the K-1 petition and refiling as a CR-1 visa so soon afterwards? Obviously we can explain all of this, but we are nervous this could look strange to USCIS/NVC + the embassy. Any thoughts?

* If we went the CR-1 route, how long after POE would she receive her green card?

I ask this because she would have to return to Venezuela at some point the following fall to defend her thesis and then attend the graduation ceremony in December - but we could go back for both as brief visits. I know we can file the I-131 AP for this, but when exactly could/would we do that? Do we send that with the actual I-130 petition? She would be out of the US for no more than a week or two in total, but obviously we don't want to jeopardize anything.

* In regards to our cancelled petition at the embassy being returned to NVC - will I receive anything about that? Any notice or proof of cancelling it so that we can include it in a future petition? I'd just like to show that we did this the right way - we didn't just let it expire and keep the embassy waiting - we cancelled it for good reason and intend to take it up again when it's better for us.

Sorry to make it such a long post, but thank you in advance for any advice!

[EAbbas 213]

* If we went the CR-1 route, how long after POE would she receive her green card?

Not sure about the cancelling questions but with the CR1 that is a conditional resident meaning she wont have to adjust status as soon as she enters she will have a green card (a stamp in passport to begin with and then green card mailed soon there after along with her SSN)

You apply to remove conditions 90 days before the CR1 expiration for a 10 yr green card.

Edited July 16, 2011 by EAbbas

[Ryan H 3,790]

* Will our canceled I-129F/K-1 have any negative effect on us if we were to marry sometime in the next 5-6 months and file for a CR-1?

No, however, I suggest you explain the circumstances surrounding the withdrawl of the K1 petition in an Evolution of Relationship (EOR) letter. You had perfectly legitimate reasons for doing so.

I have read some things saying "cancelled with prejudice" and "cancelled without prejudice" - but since we didn't actually even have the visa to be cancelled without prejudice, I assume this would also apply to the petition itself? They made no decision on it - we did.

"Without prejudice" means there are no restrictions on filing another petition or applying for a visa.

Is there anything we should know about our cancelling of the K-1 petition and refiling as a CR-1 visa so soon afterwards? Obviously we can explain all of this, but we are nervous this could look strange to USCIS/NVC + the embassy. Any thoughts?

As far as withdrawing the petition goes, do it all in writing (I assume that's what you are already doing). See what I wrote above about the EOR letter when you file the petition for CR-1.

* If we went the CR-1 route, how long after POE would she receive her green card?

She would receive it on arrival in the form of an I-551 stamp. The actual card would come in the mail a short time later.

I know we can file the I-131 AP for this, but when exactly could/would we do that? Do we send that with the actual I-130 petition? She would be out of the US for no more than a week or two in total, but obviously we don't want to jeopardize anything.

AP is filed for when filing for adjustment of status. Since your wife will already have her green card, filing for AP will not be necessary.

[Done--Really 331]

Take a look at all the things you need to do, and it might make sense to get married RIGHT NOW, and then finish everything in Venezuela, and enter the US 2 YEARS from the day you were married, in which case you would get a 10-year green card.

[max+patricia 24]

Thanks for the info guys

I guess my last thing would be if anyone knows how long it takes to receive something (if I do at all) from USCIS/NVC about our K-1 petition being cancelled? Even though we wouldn't even be touching anything with the CR-1 for several months, I'd like to know it's a done deal at USCIS/NVC before submitting something else later on.

[max+patricia 24]

Take a look at all the things you need to do, and it might make sense to get married RIGHT NOW, and then finish everything in Venezuela, and enter the US 2 YEARS from the day you were married, in which case you would get a 10-year green card.

Definitely worth considering, however, she'll be done with what she needs to get done in less than 2 years time - and as we have already waited 6+ months for the whole I-129F drama only to start at the beginning of the line later with I-130, I know we'll be anxious soon enough. Thanks for the suggestion tho

[Ravens 8]

My situation was similar to yous in a way.

My wife and I were married for over 2 years before filing the I-130. We did receive and RFE asking why we took so long to file.

Just like your situation my wife wanted to finish what she started with her education. I was also self employed and operted completely under a corporation. My taxes and everything was under the corp so I had no income under myself for I-864.

Our delay was based on her finishing school and me disolving my corp to file taxes under my own name.

When we sent this information in we were approved a week later.

[Palladin 18]

Since you are so close to getting the K-1 visa, why not get the visa now and then decide what you will do next:

1. Never use the visa.

2. Use it but leave the country within 90 days and without getting married.

3. Use the visa, get married in the USA. But do not file adjustment of status yet.

4. Get the visa, get into the USA, get married, file the adjustment of status and then also file an I-131 to preserve status, and then go back to your home country do whatever you need to do. You will get the green card in the mail.

I see none of these hurts you.

[max+patricia 24]

Since you are so close to getting the K-1 visa, why not get the visa now and then decide what you will do next:

1. Never use the visa.

2. Use it but leave the country within 90 days and without getting married.

3. Use the visa, get married in the USA. But do not file adjustment of status yet.

4. Get the visa, get into the USA, get married, file the adjustment of status and then also file an I-131 to preserve status, and then go back to your home country do whatever you need to do. You will get the green card in the mail.

I see none of these hurts you.

Why get a visa to not use it? Besides, she has a valid B-2 tourist visa that was just renewed last year for another 10 years. If we went for the K-1 (which I know we would have gotten without a problem) it would have cancelled her B-2 on the spot. If she came here on the K-1 and had to go back for classes as early as September to be gone for almost a year - and we hadn't done everything for AOS - she'd be in a precarious situation.

Since she can come here anyway without a K-1 - we could marry here, she could return home, do it all that way - or we could get married there just the same and still file CR-1 as we would anyway. I know this seems crazy to alot of people that have waited and waited to get to where we are. In hindsight, I wish we would have done the CR-1 route in the first place - since we'd be pretty much done with all this nonsense already.

Thanks for the responses guys.

[max+patricia 24]

My situation was similar to yous in a way.

My wife and I were married for over 2 years before filing the I-130. We did receive and RFE asking why we took so long to file.

Just like your situation my wife wanted to finish what she started with her education. I was also self employed and operted completely under a corporation. My taxes and everything was under the corp so I had no income under myself for I-864.

Our delay was based on her finishing school and me disolving my corp to file taxes under my own name.

When we sent this information in we were approved a week later.

Yeh, that's interesting to know they look at it that way (as they should I guess) - but if you have a good reason for delaying something majorly important, it should (hopefully) speak volumes about the fact that you're doing things the right way.