K-1 to I-130 or DCF any suggestions?

[2ID Doc 0]

Hello,

I have not found my situation here so I'm looking for help. After a year of dating online, I met my fiance in person here in the US on Feb 7, 2014. I proposed online and she accepted and I filed for a K-1 in April 2014. So far after being lost for a month or two, she currently has the letter from the US embassy with details on completing the medical & interview along with the rest of the forms. Her job she had while were dating and engaged was outsourced. So she accepted a holdover job until our visa was approved. The holdover job became her dream job. Her pay is enough to cover both of our expenses, she was recently promoted after 2 months and is currently working on obtaining a company car. Due to this change of events, I am now planning to move to the Netherlands and marry her. I will get legal residency after 90 days. My question; is there a way to covert a K-1 to either an I-130 or DCF? We figure at some point we will move back to the US so we aren't terribly worried if it takes some additional time, but we do want to move back here someday (we're thinking 5-10 years) and I do not want an uncompleted K-1 to hurt our ability to move here together and for her to start working immediately.

Thanks for any ideas or assistance.

Edited July 14, 2015 by Penguin_ie

[belinda63 2,981]

Best thing to do is cancel the K-1. There is no point in apply for an immigrant visa or non-immigrant visa with intent to immigrate if you don't plan on living in the US.

When and if you decide to move to the US the cancelled K-1 will have no affect on a new visa. You might be asked about it but the explanation you just gave is good enough.

[clairegie 265]

Cancel the K-1 and come back to us in 5-10 years It wont affect your future petitions as long as you make sure the current one is cancelled.

[baron555 934]

My question; is there a way to covert a K-1 to either an I-130 or DCF?

No

We figure at some point we will move back to the US so we aren't terribly worried if it takes some additional time, but we do want to move back here someday (we're thinking 5-10 years) and I do not want an uncompleted K-1 to hurt our ability to move here together

It won't. You send in a notarized letter to USCIS and the Embassy asking them to withdraw the petition.

[2ID Doc 0]

Thank you all for your advice! I mailed a letter requesting our K-1 visa be withdrawn certified mail return receipt. I got the postcard today. I am planning to move to the Netherlands in September in time to celebrate her birthday. I've applied for a Dutch resident alien visa (so much easier) and we expect approval by the end of July which means I will be eligible to work in October. She has lined up a job for me with her employer as a last resort, but a good friend is looking for a company that needs an native (American) English speaker in the IT field. I won't be able to apply until I arrive and establish residency, but with some saving of cash I should be able to survive a month or so expenses until I'm employed. For now we are considering a February 2016 wedding date, and at some point in the future (5-10 years) we will look into the process to get her I130 visa to come to the US and live here permanently. Of course all the paperwork and e-mails will travel with me to NL just in case we need to explain anything...

B & Il (married soon!)

Edited July 14, 2015 by Penguin_ie

[Darnell 8,478]

convert? no. must file a new petition if married. when you two are ready to come to live in the usa again.

[Penguin_ie 5,984]

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