Can I cancel my I-129 F?

[Indie 0]

Hi! Me and my fiance received the 129-F petition approval right after this past Christmas, however it processed faster than we read/anticipated.

So, here's the story- He is a UK Citizen, and is currently working in London. When we applied for the I-129 F, I just graduated from college, he just finished aviation training...and we were broke, jobless.

We read that the K1 Visa process took up to 1 year, which we figured would give us plenty of time to find work and establish ourselves. However, while he found a job and is now enjoying it,

I ended up being jobless for another month after the I-129 F process had been sent off and then I was hired by a newspaper but what I made was laughable, and looking back I shouldn't of taken it.

With that in mind, we applied for the K1-Visa because at the time, being jobless and the state of the aviation industry in Europe being terrible, it seemed practical to instead go for the K1-Visa where we would live in the US and he would be able to find an aviation job. We both wanted to live in the US for some time, but also be able to move back to England to live there as well.

Since he is now enjoying his job, and I'm just starting a job with Wells Fargo, he has saved up much more than I have been able to. This is really worrying me and & him, because I read that after we are married, and he is adjusting his status, he's not allowed to work. My fiance is really anxious about this, to go from having a decent job to being jobless again and then repeating the drag of the job search in the US. So, I'm curious to know is it possible to cancel the I-129F?

Also, once we have canceled the I-129 F, does anyone know/have experienced the process of having a foreign fiance come to the US without intention of staying, getting married and return to their country? Our back-up plan is to cancel the I-129 F, my fiance then comes over to marry me, returns to the UK and we apply for the UK spousal visa. Has anyone gone through this before? Is it too messy? (this whole damn thing is messy)

Please help! Thoughtful comments will be appreciated! I am so stressed out right now.

[Hank_ 9,174]

You can cancel a visa process any time, and I doubt they (the governement) will hold it against you - after all it doesn't lighten their work load.

Tourist visas between the U.K. and U.S.A. from what I have read are fairly easy to get. As for getting married I don't see how it would be an issue, isn't like you are trying to sidestep the visa process to get here, just getting married and then heading back. Of course if you told the customs officer purpose of your trip - to get married, they may turn you around and head you back.

Life is what happens while you are making plans. You have a new directions, go for it.... enjoy!

Edited January 15, 2012 by Hank_Amy

[Dan & Jenni 457]

cancel the petition and then he can travel to the US on the VWP, marry you, then return to the UK and start the UK spousal visa process

Edited January 15, 2012 by Dan & Jenni

[VanessaTony 3,567]

1. is it possible to cancel the I-129F?

2. once we have canceled the I-129 F, does anyone know/have experienced the process of having a foreign fiance come to the US without intention of staying, getting married and return to their country?

3. Our back-up plan is to cancel the I-129 F, my fiance then comes over to marry me, returns to the UK and we apply for the UK spousal visa. Has anyone gone through this before? Is it too messy? (this whole damn thing is messy)

1. Yes totally possible. Just contact USCIS, let them know you're cancelling the I-129F to move to the UK with your fiance instead. It's best to include this explanation if you ever try the US side again because it looks good that you cancelled it for a different route, not because you didn't care about him anymore

2. He just needs to do the VWP... unless for some reason he's ineligible. He needs to show ties to his home country like he would for any other visit. While he shouldn't lie to CBP if he said he was there to get married it doesn't look good so don't volunteer info unless they ask. When asked "business or pleasure" I said pleasure and then asked when my return flight was. Nothing harder than that.

3. I'm sure many people have. It's not messy. Obviously you would be starting from the start in terms of wait time but a girl I know did the UK one and it took around 3 months (MUCH shorter than for US visas). I recall one couple married and filed both the UK spousal visa AND US CR-1 at the same time. They were going to do whichever one was approved first. Didn't cause any issues that I'm aware of.

[Dan & Jenni 457]

1. Yes totally possible. Just contact USCIS, let them know you're cancelling the I-129F to move to the UK with your fiance instead. It's best to include this explanation if you ever try the US side again because it looks good that you cancelled it for a different route, not because you didn't care about him anymore

2. He just needs to do the VWP... unless for some reason he's ineligible. He needs to show ties to his home country like he would for any other visit. While he shouldn't lie to CBP if he said he was there to get married it doesn't look good so don't volunteer info unless they ask. When asked "business or pleasure" I said pleasure and then asked when my return flight was. Nothing harder than that.

3. I'm sure many people have. It's not messy. Obviously you would be starting from the start in terms of wait time but a girl I know did the UK one and it took around 3 months (MUCH shorter than for US visas). I recall one couple married and filed both the UK spousal visa AND US CR-1 at the same time. They were going to do whichever one was approved first. Didn't cause any issues that I'm aware of.

:thumbs: i totally agree... so long as you dont lie there is no need to go in to detail when asked. "purpose of visit"?? to see my fiancee.