Withdrawing Fiance Visa and Applying for Graduate Visa

[georgiamay 0]

Hi All,

My fiance and I applied for a fiance visa in December 2014. We were hoping to get married as soon as the visa came through, hopefully this summer. However, given some financial and other issues we would like to postpone getting married at least one year. The processing center has received our application, although we have yet to hear anything else as of yet.

Would it be possible to cancel this visa application and instead travel over on a one year graduate USA visa? I am Irish and recently completed a PhD, I am employed full time in Ireland and have no debt. I am afraid that if we cancel the fiance visa I will be refused entry under a different visa. Could anybody offer some insight?

Thank you very much in advance.

[Thomas&Cleofe 358]

You will be required to meet the eligibility requirements for the J-1 visa.......

Using a J-1 visa to marry your fiance is a big no-no......

If I was you....I would stay your course...

[Lorvin 45]

Hi All,

My fiance and I applied for a fiance visa in December 2014. We were hoping to get married as soon as the visa came through, hopefully this summer. However, given some financial and other issues we would like to postpone getting married at least one year. The processing center has received our application, although we have yet to hear anything else as of yet.

Would it be possible to cancel this visa application and instead travel over on a one year graduate USA visa? I am Irish and recently completed a PhD, I am employed full time in Ireland and have no debt. I am afraid that if we cancel the fiance visa I will be refused entry under a different visa. Could anybody offer some insight?

Thank you very much in advance.

Let me first say, if you fill in your timeline it is easier to respond to your questions. I will assume you are recently at TSC because the beneficiaries home state is New York. I will also assume your case arrived there in January. Current processing time at TSC for I129f is approximately 7-8 months for NOA2. This puts you at August/September approval. You can easily add another 2 months on to the process to navigate NVC and Dublin Consulate (NOA2 valid for 4 months). Assuming you are approved and a K1 is issued, you then have 6 months to use the visa and another 3 months to get married. You could push a wedding out as far as next summer if you aren't aggressive in responding to requests for information, etc.

If the real question is you've changed your mind and rather go another route you should also consider how this will be viewed or received by immigration. They will know you filed I129f and wonder if you aren't coming over on another type of visa to marry and adjust status. You would want to make sure you've lots of back up to prove ties to Ireland and that you will be returning after the year.

Edited February 19, 2015 by Lorvin

[georgiamay 0]

Thank you for the helpful comments Lorvin and Thomas&Cleofe, I really appreciate it.

Ideally we want to live together for as long as possible prior to marrying to make sure it is the right decision. This would also give us more time to save for a wedding and I could have family and friends attend too, which is important to me. We would not get married on the J1 visa but I guess then we would have to start the whole process again and in reality it may be pushed back much further than either of us want. The issue that you highlighted Lorvin, as to whether I could even get a J1 visa having already applied for the I129f, is exactly what I fear.

[Lorvin 45]

Thank you for the helpful comments Lorvin and Thomas&Cleofe, I really appreciate it.

Ideally we want to live together for as long as possible prior to marrying to make sure it is the right decision. This would also give us more time to save for a wedding and I could have family and friends attend too, which is important to me. We would not get married on the J1 visa but I guess then we would have to start the whole process again and in reality it may be pushed back much further than either of us want. The issue that you highlighted Lorvin, as to whether I could even get a J1 visa having already applied for the I129f, is exactly what I fear.

All good points - good luck sorting out what's best for you and your partner. Also, make sure the J1 wouldn't make you subject to the 2 year residency requirement at home before applying for another visa (there is a waiver request for this - but again more time and maybe more money).

[Pheebs1201 269]

I personally would continue as planned. You could always have a courthouse wedding to fufil the K1 requirements and save for a "real" wedding later down the road to celebrate it properly? Whatever you decide, good luck!