Embassy received petition what are my options?

[Brandon&Re 1]

Hey VJers,

It's been a while since I posted after we decided to cancel the petition. Well I kept putting it off and I think it payed off because we might have found a sponsor. Our petition was sent to the consulate in Rio on August 8th but I've been in Brazil so I never received any mail at home, but my fiancee hasn't received anything here either yet. I was curious if anyone can help me with what happens now, I emailed the consulate about an interview date and am awaiting a response.

My second question is can I cancel this petition and since I am here in Brazil, us just get married here and then file for a CR-1 or is there some kind of penalty for cancelling?

Thank you very much in advance,

Brandon & Renata

[Ryan H 3,791]

My second question is can I cancel this petition and since I am here in Brazil, us just get married here and then file for a CR-1 or is there some kind of penalty for cancelling?

There is no legal penalty for cancelling.

[Brandon&Re 1]

There is no legal penalty for cancelling.

I read somewhere that you have to wait 2 years after a petition is approved to file for another one.

[Ryan H 3,791]

I read somewhere that you have to wait 2 years after a petition is approved to file for another one.

If you were to marry your fiancee and withdraw the K1 petition, then you could file right away for the CR-1. There is no time restriction in that scenario.

Edited August 29, 2011 by Ryan H

[Brandon&Re 1]

If you were to marry your fiancee and withdraw the K1 petition, then you could file right away for the CR-1. There is no time restriction in that scenario.

What about direct consular filing? And if we filed for CR-1, do we have to wait an entire period again for it to go through USCIS and the NVC?

[Penguin_ie 5,986]

No time restrictiuons, but you start again at the beginning- ie pay fees again, wait for many months for NOA 1 and then NOA 2 etc.

[Ryan H 3,791]

What about direct consular filing?

There is no USCIS field office in Brazil so DCF will not be an option.

And if we filed for CR-1, do we have to wait an entire period again for it to go through USCIS and the NVC?

Yes

[menina 50]

If you have a sponsor why not just stick with the k1? You will probably get your interview in about a month from now.

You already paid the fees. CR1 orIR1 will require you to start from scratch. Just my opinion.

[maya62 7]

I would at least check with the closest US Consulate (or look on their website) about DCF. If you are living there in Brazil, that may be an option for you. You could also ask on the country-specific forum here on Visajourney for feedback from other VJ members who have gone that route in Brazil.

We tried DCF a million years ago in Kathmandu, Nepal and were told at the Consulate that we couldn't because I (the USC) hadn't lived there long enough, but it didn't hurt to ask. I had the impression at the time that different Consulates had different rules under which one could file for DCF. And I don't remember anything at any time about a USCIS field office being an issue. DCF is done through a Consulate (hence the name, Direct Consular Filing), and all the Consulates AFAIK are all run by a completely different agency, the Dept. of State. You wouldn't deal with USCIS until your spouse was here in the US. I'm sure if I'm wrong, someone will be along soon to correct me!

Best wishes to the OP

Maya

[bigdog 376]

I would continue with my K1 filing especially if you have a sponsor, why start over.

[Penguin_ie 5,986]

I would at least check with the closest US Consulate (or look on their website) about DCF.

Unfortunately, DCF isn't an option anymore for them (and many others) since 15th August, as it's now only available to people who live in countries with local USCIS offices, and Brazil doesn;t have one: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

[JohnandWendyB 21]

I would at least check with the closest US Consulate (or look on their website) about DCF. If you are living there in Brazil, that may be an option for you. You could also ask on the country-specific forum here on Visajourney for feedback from other VJ members who have gone that route in Brazil.

We tried DCF a million years ago in Kathmandu, Nepal and were told at the Consulate that we couldn't because I (the USC) hadn't lived there long enough, but it didn't hurt to ask. I had the impression at the time that different Consulates had different rules under which one could file for DCF. And I don't remember anything at any time about a USCIS field office being an issue. DCF is done through a Consulate (hence the name, Direct Consular Filing), and all the Consulates AFAIK are all run by a completely different agency, the Dept. of State. You wouldn't deal with USCIS until your spouse was here in the US. I'm sure if I'm wrong, someone will be along soon to correct me!

Best wishes to the OP

Maya

I believe in order to do the DCF you have to be living in the area for a period of time to qualify. I noticed how quick those go through and thought about that as an option so looked into that for the UK. I don't know if a different consulate would be different or not?

[Brandon&Re 1]

Thanks everyone for all the replies, we are just going to continue with the K1 visa, her interview is set for October 18th!

[2011Visa 0]

Hey Brandon,

Your interview date is the same as ours. Friend me on http://Facebook.com/RobertAbraham