I want to cancel my K-1 and try for a tourist visa?

[Peter McKenna 0]

Hi

We were approved for the first part of our fiancee visa. I didnt realize we had to go to the States and stay there for a year,. We are not ready to move there yet full time , we need time financially .

I would like to maybe try for a tourist visa and visit, then maybe get married here and apply for a spousal visa.

If I back out of the fiancee visa will it be bad for us in any way?

thanks

Do I need to go to the consulate office or is there an easier way tht I could talk to someone on the phone/???

thanks again

[NigeriaorBust 4,087]

Too bad you wasted the money so far. How long did you want to visit ? If you turn in your K1 and try for a visitor visa you may have a hard time showing your aren't trying to immigrate

[KayDeeCee 4,893]

Why not prolong instead of cancel? You can delay the K-1 interview and ask your consulate about extending the expiration of your I-129F petition approval. Then the K-1 visa will be valid for entry up to 6 months from your K-1 medical date.

And I am not sure what you meant by having to stay in the US for a year. There is no requirement to stay in the US for a year when entering with a K-1 visa.

[Pitaya 2,577]

The petitioner will have to write and send a notarized letter to the interviewing embassy/consulate and likely another letter to the respective USCIS Service Center. Detail your intentions and the reason you are requesting a cancellation in the letter.

Good luck on your immigration journey.

[Peter McKenna 0]

Thank you for the information my friends. So I may be wrong then about the stay. Presently we live in the Dominincan Reppublic. Someone told me if we went tot he States and got married she wouldnt be able to leave for a year so maybe Im wrong about that which is great.

SO we can go get married and come back to the D.R. ?

[heo luoi 206]

If you read the guides, you should be able to come over, and apply for Advanced parole, AP process is < 1 year. which would allow for you to leave again (not certain how long). Dont really see anywhere in the process preventing the Petitioner from leaving anytime they wanted to. (for short timeframes, long time frames could be problematic). However dependent on your plans this would likely affect your AOS processing depending how long.

Edited October 13, 2015 by heo luoi

[Boiler 43,859]

Sounds like you are half way through, you culd look at sloooowing things down?

[KayDeeCee 4,893]

Thank you for the information my friends. So I may be wrong then about the stay. Presently we live in the Dominincan Reppublic. Someone told me if we went tot he States and got married she wouldnt be able to leave for a year so maybe Im wrong about that which is great.

SO we can go get married and come back to the D.R. ?

You could get married and go back right after. If you do that, then your foreign spouse will not be eligible to adjust status. You would still need to file for a spousal visa when ready to go to the US and live permanently.

To be able to adjust status, you would need to marry and file for AOS, the the I-765(EAD-work authorization) and I-131(AP-advance parole for travel) first. You can use AP to travel abroad and re-enter the US while waiting for the AOS(green card) to be approved. The EAD/AP combo card takes about 60-90 days to receive. So no, someone with a K-1 is under no obligation to stay in the US for a year.

However, if you are not ready to stay and live in the US permanently, then prolong the K-1 visa interview, and plan it out so that you can enter and marry when you are ready to stay. An I-129F petition approval can be extended. You do not have to interview before the expiration date on the NOA2. Then, as I said, even after prolonging the interview and K-1 visa issuance, you will have a few months to enter the US before the K-1 visa expires. The expiration can be up to 6 months. It can be shorter based on the date of the medical or if a medical condition is present.

9 FAM 41.81 N6.2 Validity of a K-1 Petition http://www.state.gov...ation/87391.pdf

An approved K-1 visa petition is valid for a period of four months from the date of USCIS action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States. However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, including instances where no action has been taken on the application for a year (while refused under INA 221(g)), the petition should be returned to the approving office of USCIS with an explanatory memorandum. (See 9 FAM 41.81 PN5 for revalidation procedure.)

9 FAM 41.81 PN3.6 Visa Fees and Validity http://www.state.gov...ation/87393.pdf

...

b. The K-1 and K-2 visas shall be valid for six months for one entry.

9 FAM 40.11 N6 VALIDITY PERIOD OF APPLICANTS’ MEDICAL EXAMINATION http://www.state.gov...ation/86936.pdf

a. Medical examination validity is determined by CDC. All posts are required to use the 2007 TB Technical Instructions. The following validity periods apply:

(1) 6 month validity: No Class, Non-TB Class A condition, Class B2 LTBI, Class B3 TB (Contact Evaluation), and all non-TB Class B conditions including Specific Class B conditions and Class B Other Conditions:

NOTE: For the complete table on medical exam validity, see 9 FAM 40.11 Exhibit I.

(2) 3 month validity: Class “A” TB with waiver (rare), Class “B”1 TB Pulmonary, Class “B”1 TB Extrapulmonary, and HIV Infection (with or without a TB class);

b. Notwithstanding the provisions of INA 221(C ), you should limit the validity of visa to the validity of the medical examination. For example, if an alien has a medical examination that is only valid for four months from the time of visa issuance, the visa should be valid for only four months.

Edited October 13, 2015 by KayDeeCee