Filing CR-1 after canceling K-1 at embassy

[max+patricia 24]

Hey all, been a while! Good to see so many people doing well.

My fiancee and I have been through plenty this year. It was about this time last year that we filed for our K-1 (back when it was taking FOREVER to process, looks like times have changed) and we waited the whole thing out, had our interview date set, etc - and decided to cancel it thinking we'd start over when we picked up again. Long story short, I was up for a possible job move and my fiancee was about a year away from finishing school. I emailed back and forth with the embassy and sent a signed letter (scanned/emailed) asking to withdraw the petition. They said they'd take care of canceling it and that was that. The interview never took place, done deal. We thought we were being smart about it.

Fast forward to now, we are going to get married sometime soon and I'll file a CR-1 for her. We know we're back to the beginning with fees and waiting which sucks, but it was our doing. I have read a number of threads on here about people getting married and filing a CR-1 after their K-1 was denied, but I haven't really read much about people that canceled their K-1 petition as far into it as we did. We were about a week or two away from the interview.

I'm not worried about showing documentation that we went about this the right way (although we never received anything from USCIS or NVC saying our petition was withdrawn - only from the embassy?) but I am a bit worried that since it was only 6 months ago, that might make us look suspicious. To be honest, we regret having withdrawn it after holding on for so long, because maybe a month afterwards we both realized that we didn't want to be apart for another year while finishing school, moving, etc and did nothing to try to salvage the K-1. So here we are.

Does anyone have any suggestions or experience with this? I've read a few things saying you're required to include a waiver if you're filing for a K-1 again for the same person (within 2 years, something about IMBRA) - but does that apply for filing a CR-1 after a K-1 was canceled? Thanks in advance for any input.

[Ryan H 3,795]

I've read a few things saying you're required to include a waiver if you're filing for a K-1 again for the same person (within 2 years, something about IMBRA) - but does that apply for filing a CR-1 after a K-1 was canceled? Thanks in advance for any input.

Not applicable to your situation.

If (and a big if) anything comes up about the abandoned K1, life happens, circumstances change, all that your wife would need to do if asked is explain.

[max+patricia 24]

Not applicable to your situation.

If (and a big if) anything comes up about the abandoned K1, life happens, circumstances change, all that your wife would need to do if asked is explain.

Thank you! We were figuring the same thing.

Two other questions if you don't mind.

1 - on the I-130 and other forms, would my fiancee have an A#? She has a tourist visa but has never had any other type of visa. I know I can schedule an Infopass appointment to check, but would an A# have ever been assigned to her if the K-1 was completely canceled before the interview?

2 - my fiancee will take my last name when we marry and I am a bit confused about what to do from there. Her passport is obviously in her maiden name but we want to put my last name on the I-130 and all other documents from then on. Is this a problem down the road for her visa not matching the name in her passport? Is it advisable to have her change her name in her passport before the interview for the CR-1? Any suggestions?

[Ryan H 3,795]

1 - on the I-130 and other forms, would my fiancee have an A#? She has a tourist visa but has never had any other type of visa. I know I can schedule an Infopass appointment to check, but would an A# have ever been assigned to her if the K-1 was completely canceled before the interview?

I don't know the answer, schedule the infopass appointment and find out for sure.

2 - my fiancee will take my last name when we marry and I am a bit confused about what to do from there. Her passport is obviously in her maiden name but we want to put my last name on the I-130 and all other documents from then on. Is this a problem down the road for her visa not matching the name in her passport? Is it advisable to have her change her name in her passport before the interview for the CR-1? Any suggestions?

If she wants to use your last name on all of the forms, then she will have to obtain a new passport that has your last name.