Consequences of not using the k1 visa?

[asmpic 0]

Hello,

I've been browsing the forum for a while now and think it's time I asked for direct help. I would like to apply for a k1 visa to bring my fiancée to the US. She is from Iran but we have been both studying in Europe for the past 4 years. It's about that time for me where I'll be finishing my degree and will need to move back to the US, so I thought now would be the best time to apply so we can cut the time we would need to be apart by as much as possible.

Now here's where it gets a bit tricky, I'm applying for jobs both in the US and here in Europe, so if it happens that I'm able to extend my time here further, I will do it and not go back to the US. So I'm trying to play it safe and wanted to know what would happen if I were to get a job here in Europe and the K-1 visa were also to be granted? If she doesn't use it or cancels it, will it look really bad later down the line? I mean, I won't stay here forever so she will need the visa at some point.

I just don't want to risk waiting and then seeing that I can't stay and having to wait the entire time separated while I apply for the k1 visa in the US.

Thanks for all the help!

[acgmph 42]

Hi,

You first have to decide if you want to return to the US or stay in Europe for a few more years. If you want to return, then read on. Otherwise don't bother with a visa now and wait until you need one.

If there is an USCIS international office in your country you can go the DCF route (get married and apply for your spouse's visa directly in your country of residence instead of the USCIS in US). This saves a lot of time and will get you both to the US faster.

Even if there is no USCIS office in your country, you can also consider getting married first and apply while you're still in Europe. Your spouse will have the 2-year green card as soon as she enters the US so she will be able to work and travel immediately instead of waiting for another 3 months to adjust status.

If you're applying for a K1 and not use it, then it might bring some issues down the road when you apply again for immigration benefits, it will raise the level of scrutiny your petition will get and make it harder for your spouse/fiancée to get her visa in the future.

If you choose to get married first, you can do so in any country you choose (US, Europe or Iran) and take it from there. If you go the K1 route, then you have to get married in the US - so her friends and family from Iran might have a harder time (financial and visa) coming to the wedding.

Hope this helps.

Edited September 22, 2015 by acgmph

[asmpic 0]

Hi,

You first have to decide if you want to return to the US or stay in Europe for a few more years. If you want to return, then read on. Otherwise don't bother with a visa now and wait until you need one.

If there is an USCIS international office in your country you can go the DCF route (get married and apply for your spouse's visa directly in your country of residence instead of the USCIS in US). This saves a lot of time and will get you both to the US faster.

Even if there is no USCIS office in your country, you can also consider getting married first and apply while you're still in Europe. Your spouse will have the 2-year green card as soon as she enters the US so she will be able to work and travel immediately instead of waiting for another 3 months to adjust status.

If you're applying for a K1 and not use it, then it might bring some issues down the road when you apply again for immigration benefits, it will raise the level of scrutiny your petition will get and make it harder for your spouse/fiancée to get her visa in the future.

If you choose to get married first, you can do so in any country you choose (US, Europe or Iran) and take it from there. If you go the K1 route, then you have to get married in the US - so her friends and family from Iran might have a harder time (financial and visa) coming to the wedding.

Hope this helps.

Thanks for the help!

So if we were to get married in Europe, (she currently lives in the UK and I live in Switzerland) and I go over to London and get married, what would the next steps be? I understand we can do a direct filing at a US embassy but the question would then be, which embassy since we are currently not living in the same country?

Thanks!

[A'n'L 735]

Hi,

You may only file at a consulate in a country where the beneficiary is either a citizen or a registered legal resident. However, to also qualify for a direct consular filing (DCF), the petitioner has to have lived in the same country for a minimum of 6 months. So, currently it doesn't sound like you qualify. Also, for future ref, keep in mind that not all consulates offer DCF.

Regarding original question, I don't think an unused K-1 is such a problem for future applications, but more experienced VJ'ers should input here.

[TBoneTX 43,433]

If you end up not using it, contact the issuing consulate with all details of the visa and your explanation, requesting that they acknowledge your correspondence and notify all other appropriate agencies.

[asmpic 0]

Hi,

You may only file at a consulate in a country where the beneficiary is either a citizen or a registered legal resident. However, to also qualify for a direct consular filing (DCF), the petitioner has to have lived in the same country for a minimum of 6 months. So, currently it doesn't sound like you qualify. Also, for future ref, keep in mind that not all consulates offer DCF.

Regarding original question, I don't think an unused K-1 is such a problem for future applications, but more experienced VJ'ers should input here.

thanks, but we have both been living more than 6 months in each country. I've been in Switzerland for the past 3 years and she has been in the UK for the past 2 years. Or do we both need to be living in the SAME country for at least 6 months?

[A'n'L 735]

thanks, but we have both been living more than 6 months in each country. I've been in Switzerland for the past 3 years and she has been in the UK for the past 2 years. Or do we both need to be living in the SAME country for at least 6 months?

As I said, you have to file in the country where the beneficiary is legally residing or a citizen (so, at the moment your choices are Iran or UK). To qualify for DCF (quicker process than regular CR-1 filing), the petitioner (you) also need to have lived in the SAME country (as the beneficiary) for the last 6 months or more.

Edited October 9, 2015 by A'n'L