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giantduck

Complete change of plans - should we cancel our visa application?

By giantduck in K-1 Fiance(e) Visa Process & Procedures

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giantduck Newbie

giantduck   0

Posted
Filed: Timeline
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My fiancee and I applied for a K1 visa back in June 2014. In August, she lost her job in NYC, and in October we decided that it made sense for her to come and live with me in London - she has an Irish passport, I have a flat here, and two can live as cheaply as one. She has now decided that she wants to stay in London for a few years before we both move to the US at some point in the future.

So, this means we've decided that rather than a rushed, dictated by visa timeline wedding, we can have a proper, full blooded party. We still want to get married in the US (she has a huge family - mine is normal sized - so a US wedding would involve fewer transatlantic flights), but we don't want to stay there afterwards, and we also want to be able to plan the wedding in advance - we're thinking Summer 2016.

So my feeling is that we probably no longer need a K1 visa - I should be able to fly in on an ESTA, marry her (much like all those other destination weddings), and then trot off somewhere foreign to both of us on a honeymoon before returning to London. My main question is, since we're already deep into the application process for a K1 visa is there likely to be any issue with that? Are there any other things we should be aware of?

Thanks in advance for all the great answers.

Lainie B Proficient

Lainie B   465

Posted
Filed: Lift. Cond. (apr) Country: Australia
 Timeline
Posted

Yes you can use the VWP to get married.

Just as a clarification, you haven't applied for a K-1 visa yet, you've only submitted the I-129f petition. The actual visa application happens after the I-129f approval. You shouldn't have any issues. You should withdraw the I-129f petition.

baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

My main question is, since we're already deep into the application process for a K1 visa is there likely to be any issue with that? Are there any other things we should be aware of?

Nope. Send USCIS and the Embassy a notarized letter to withdraw the petition.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Zedayn Experienced

Zedayn   486

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

I agree you shouldn't have any problems. Since you decided not to pursue the K-1 visa path, I would advise to withdraw the I-129F petition.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

 
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