Cancelling K1 and Getting married in home country

[rado 0]

My friends have applied for K1 visa, and it was recently approved. However, they would like to get married in the groom's country of residence early in the new year, and cancel K1 visa. The bride (US citizen) will then apply for an immigrant visa for spouse. Will this create a problem ? Groom does have B1/B2 visa but since NVC already knows of intent to marry, will be best for him to remain in home country after wedding. I know they will loose funds previously paid for K1 visa application. Is there anything else that they will need to know ? Any other suggestions or advise will be greatly appreciated.

[lost_at_sea 995]

They can cancel the process they're on if they want. The path for I-130 for CR-1 (which is what they'll be starting if they marry) takes longer than the I-129f for K1, so they'll be looking at another year at least before he can emigrate.

Also, to be clear: when you say the K1 was approved- do you mean their I-129f petition was approved or they have had a visa approval and he has already been issued his visa in his passport?

Edited November 12, 2013 by lost_at_sea

[SparklePony 238]

If the visa has been approved (the visa itself, not just the petition), personally, I would still enter the US, get married at the courthouse and apply for AP asap, then travel to get married in a nice ceremony at the other country. That would be some months to wait, yes, but it might be a lot better than all the waiting if they file for a spousal visa. The groom won't be able to enter the US until that second visa is issued - is getting married in his country worth the separation, especially given they already have a K1 approved?

Besides, the visa has a 6 month validity. If it was just approved and they want to get married in the start of the new year, can't she go to his country, have some sort of non-legal ceremony, return to the US, and then marry legally at the courthouse? No need to cancel the visa, in that case.

As for NVC knowing of their intent to marry, I don't know if that matters at all. If the visa is cancelled, I don't know if the previous K1 will have any bearing on new visas, from the NVC's perspective.

Edited November 12, 2013 by SparklePony