Process for withdrawing from K-1 visa petition after approval and reapplying with the same person

[forena99 74]

I am asking a hypothetical question because there is a possibility that I may want to do one of two things:

1. Withdraw from from K-1 visa petition before the interview (or at the interview??) and then reapply later with the same person.

2. Get approved for the K-1 visa, he comes to the US, we decide NOT to get married in the 90 day window.  Can we apply again for the K-1 Visa, with each other? 

At what point is there a "point of no return", so to speak, or is there one?  What is the workflow for after the visa gets approved if you decide to not get married in the 90 window and reapply?

I am wondering what the process is for both of these scenarios.  I know scenario 1. is allowed, I just need to sign a waiver the second time I apply?  But what about scenario 2.?  Are there special considerations for reapplying for K-1 visa after you've been approved for the same person?  I'm wondering if there are others who have gone through this and can share their experience.  Or if anyone knows logistically what happens and how to do it, what is required.

 

Background:

As of now, I do want to move forward with the K-1 visa petition, but about a month ago, I was considering withdrawing the K-1 visa petition due to some news we had.  At the time, we were still pending our NOA2.  Now, however, we have been approved and going to NVC.  I'm still not 100% sure I want to move forward, which makes me nervous, but I feel MUCH better than I did a month ago.  I feel like we just need to talk things through and I'm not *really* going to know until we are together.  I basically wish I had more time with him, but it was my choice to put the petition through when I did and I don't regret it, but am wondering what my options are if for some reason I decide we DO need more time to really know this is what we want.  

 

I hope my questions are clear.  I'm basically wondering what are all the points where I could potentially say, "Let's wait and reapply when we are sure".  At what point is it too late to do that, or does such a point exist?

 

Let me know if you have any questions.  

Thanks!

Forena99

 

[b6543 25]

Understand your situation. I see at least these options.

 

1. Withdraw from from K-1 visa petition before the interview . Not during interview.  Although if you plan to file K1 with same person later, this is odd choice. 
2. Delay interview date, medical exam date etc. You have some flexibility in setting dates. Do no withdraw k1. Meet with finace before Interview and see if things are ok.
3. Get approved for the K-1 visa, he comes to the US, not sure if you can apply for K1 later with same person, If you decide NOT to get married in the 90 day window.  If you apply for k1 later with same person, it will be scuitnized more and may not be approved, but not sure.  

Best option is likely delay interview or withdraw k1.

[forena99 74]

15 hours ago, b6543 said:

Understand your situation. I see at least these options.

 

1. Withdraw from from K-1 visa petition before the interview . Not during interview.  Although if you plan to file K1 with same person later, this is odd choice. 
2. Delay interview date, medical exam date etc. You have some flexibility in setting dates. Do no withdraw k1. Meet with finace before Interview and see if things are ok.
3. Get approved for the K-1 visa, he comes to the US, not sure if you can apply for K1 later with same person, If you decide NOT to get married in the 90 day window.  If you apply for k1 later with same person, it will be scuitnized more and may not be approved, but not sure.  

Best option is likely delay interview or withdraw k1.

Hi b6543 @b6543,

Thank you for your response.  How do we delay the interview date?  Is that something the beneficiary does? or petitioner?  

Friends are telling me to do #3, but like you say, it seems risky to me.  I would like to know whether it is even allowed to apply for the same person after getting approved and deciding not to get married.  Seems like legally it should be possible, but logistically and statistically risky.  Wonder if anyone has done that before?  Probably only a waiver is needed with *plenty* of evidence.  But I think it should be technically possible to do.

Also, how do I withdraw at the consulate/embassy level?  Do I write them a letter and address it to the embassy in his country?

Thanks!

Forena

[Shazada 3]

Just ask for reschedule your appointment at the embassy and that is all. You can delay it the interview. The only thing your finance have to submit it again is his or her medical exam, 

 

Re applying for another K1 visa can be hard or not approved JUST my opinion. 

 

Best luck 

[forena99 74]

8 hours ago, Shazada said:

Just ask for reschedule your appointment at the embassy and that is all. You can delay it the interview. The only thing your finance have to submit it again is his or her medical exam, 

 

Re applying for another K1 visa can be hard or not approved JUST my opinion. 

 

Best luck 

Thank you @Shazada!

The petition is only good for 4 months.  So, I can't delay the interview more than that right?   Do you mean I can delay the interview past the 4 months expiration date?

 

If I want to withdraw before my interview date, how would I communicate that to the consulate?  Because it is out of the hands of USCIS, isn't it?

 

Thank you for your responses!

Forena99

[Ash.1101 1,755]

13 minutes ago, forena99 said:

Thank you @Shazada!

The petition is only good for 4 months.  So, I can't delay the interview more than that right?   Do you mean I can delay the interview past the 4 months expiration date?

 

If I want to withdraw before my interview date, how would I communicate that to the consulate?  Because it is out of the hands of USCIS, isn't it?

 

Thank you for your responses!

Forena99

You can ask for an extension on the petition date. I think it gives it 6 more months, then you can just stall it out.

Are you the petitioner or beneficiary? Only asking cause if you want the interview stalled, and you want an extension, I'm pretty sure it's him that will have to request it as it's his K-1 visa application. If you're the petitioner, you petitioned for him to be allowed to apply for the K-1 visa, everything past that is pretty much him. Though you can withdrawl the petition, but if you want to make sure the petition is extended or stall out an interview, make sure he does it.

Generally you would email the consulate with a request to withdawl.

Note though that if you apply again, they may scrutinize the beneficiary about the relationship.

Edited February 9, 2017 by Ash.1101

[forena99 74]

41 minutes ago, Ash.1101 said:

You can ask for an extension on the petition date. I think it gives it 6 more months, then you can just stall it out.

Are you the petitioner or beneficiary? Only asking cause if you want the interview stalled, and you want an extension, I'm pretty sure it's him that will have to request it as it's his K-1 visa application. If you're the petitioner, you petitioned for him to be allowed to apply for the K-1 visa, everything past that is pretty much him. Though you can withdrawl the petition, but if you want to make sure the petition is extended or stall out an interview, make sure he does it.

Generally you would email the consulate with a request to withdawl.

Note though that if you apply again, they may scrutinize you.

Hi @Ash.1101,

Do you know if you can apply for K-1 visa again after it is approved and he comes to the US?  Say we decide we need more time and decide not to get married.  Technically we can apply again with the same person, saying we weren't sure the first time.  I know this may be unrealistic, but I'm looking for a process, because it is not quite clear to me.

THanks again!

Forena99

[Ash.1101 1,755]

9 minutes ago, forena99 said:

Hi @Ash.1101,

Do you know if you can apply for K-1 visa again after it is approved and he comes to the US?  Say we decide we need more time and decide not to get married.  Technically we can apply again with the same person, saying we weren't sure the first time.  I know this may be unrealistic, but I'm looking for a process, because it is not quite clear to me.

THanks again!

Forena99

As far as I know yes you can. He would have to go back to his country if ya'll don't marry in 90 days, and then you will have to apply for a K-1 again if you want to get married here in the US. It's the exact same process, other than you'll need the waiver if you'll want to apply for the K-1 again within 2 years of the last. But note, the interview can be harder the second time around.

There really isn't anything THAT different when doing this, just remember, you're open up for a harder interview if he comes to the US, leaves, and then ya'll try for a K-1 again. 

There was a couple here recently who just canceled their interview because they weren't ready yet. They have up until a certain time to reschedule, or else it expires and they have to redo the process.

[b6543 25]

Best option I still think as well...

Delay interview date...till last day within your approval timefame.  Do no withdraw k1. Meet with finace before Interview and see if things are ok. Request for extension.

[A.W 17]

I don't think there is a process for undecided couples because a k1 process is strictly made for people who are ready to be married that is the reason why they have you sign a letter of intent to marry.so i hope im not sounding negative or discouraging you but if the USCIS discover that there is uncertainty in any relationship based visa it will be a good reason for them to issue a denial. 

The best think is to withdraw the petition with out prejudice and then reaply when ready.

[forena99 74]

On 2/8/2017 at 8:03 PM, Ash.1101 said:

As far as I know yes you can. He would have to go back to his country if ya'll don't marry in 90 days, and then you will have to apply for a K-1 again if you want to get married here in the US. It's the exact same process, other than you'll need the waiver if you'll want to apply for the K-1 again within 2 years of the last. But note, the interview can be harder the second time around.

There really isn't anything THAT different when doing this, just remember, you're open up for a harder interview if he comes to the US, leaves, and then ya'll try for a K-1 again. 

There was a couple here recently who just canceled their interview because they weren't ready yet. They have up until a certain time to reschedule, or else it expires and they have to redo the process.

Hi @Ash.1101 and @b6543,

Thanks for your response. 

My interview date is probably going to be fairly close to my petition expiration date.  I'll find out soon.  Can I request for extension online?  Or how does the beneficiary request for an extension?  We may need to do it anyway, because the dates are so close.  

BTW, I think things are much better between us.  But I still want to know process/options for any scenario, even it means going for a second time around or going for K3.  I've tried looking on the site and it says to notify USCIS if I want to withdraw, but I think it's out of their hands now.  I have to deal with consulate now.  I don't think that an email is all it takes, I think they would need to be sure it is me (or the beneficiary) before they would withdraw, otherwise, anyone could be sending the email.  As for extension, is it phone only?  Or can it be done online as well?  I'm not in a hurry, I can wait.  At this point I think we prefer to go through with the interview, but like you say, I have to visit and make sure.

 

It's okay if you are not sure the answers to these questions.  It's the process that I'm mostly wondering about.  

 

Thanks!

Forena99

[forena99 74]

On 2/15/2017 at 9:22 AM, adam&warda said:

I don't think there is a process for undecided couples because a k1 process is strictly made for people who are ready to be married that is the reason why they have you sign a letter of intent to marry.so i hope im not sounding negative or discouraging you but if the USCIS discover that there is uncertainty in any relationship based visa it will be a good reason for them to issue a denial. 

The best think is to withdraw the petition with out prejudice and then reaply when ready.

Hi @adam&warda,Thanks for your input.  I'm wondering what the process is to withdraw the petition now that it is on its way to the consulate.  Or how does the beneficiary extend the interview date if possible?

I think I got the answer as to whether or not I can even reapply with the same person, even after he comes to US and we decide not to marry within 90 days (hypothetically speaking).  Seems like I can.  I was told that I couldn't and I just wanted to check if that was true.  Hence my question.  The reason why we want to withdraw or extend doesn't matter, I don't think, USCIS doesn't ask for justification until I apply the 2nd time.  I'm just interested in learning the process in the scenario that I may need to do one of these things.  

THanks,

Forena99

[A.W 17]

Hi .forena99.you will send a simple letter to USCIS  stating that you want to withdraw your petition at this time and as you said without having to explain ANYTHING and you could reapply at anytime you wish with no worries.

As far as extanding the interview, you are in control of that because you the one that pick and chose the date for that however if you chose that route you must remember your i 129 approved petition expires whithing 6 months and it can be extended upon request .

So basically you are the judge on how to approach this. 

[Ontarkie 13,902]

Delay the interview as long as possible or stop it and start over when things are 100%

You are doubting things now and even though you say things are better it's only been a month since you almost stopped everything. 

Have you thought about what happens if you don't get married and he splits and does not go home? Do not bring someone to the US when you don't even know if you want to marry them. 

It's a lot easier start a new K1 then deal with a whole mess that can happen if he comes and you don't want to marry.  

Plus think of him too, if he is a great guy and just not the guy for you and he gives up his life back home. Then you turn around and say oh sorry you need to leave. Maybe we can start this again later. 

 

As the saying goes - When in doubt,don't!

Edited February 23, 2017 by Ontarkie

[A.W 17]

15 minutes ago, Ontarkie said:

Delay the interview as long as possible or stop it and start over when things are 100%

You are doubting things now and even though you say things are better it's only been a month since you almost stopped everything. 

Have you thought about what happens if you don't get married and he splits and does not go home? Do not bring someone to the US when you don't even know if you want to marry them. 

It's a lot easier start a new K1 then deal with a whole mess that can happen if he comes and you don't want to marry.  

Plus think of him too, if he is a great guy and just not the guy for you and he gives up his life back home. Then you turn around and say oh sorry you need to leave. Maybe we can start this again later. 

 

As the saying goes - When in doubt,don't!

Totaly agree.!!!

I think your situation needs some relarionship counseling, remember immigration is not a place where to fix your family issues what im sure about is immigration are very strict on truthful statements because when you are at the interview yiu can't hide or lie because you are submitting a petition clearly indictes the intent to marry and nothing else .

It is ok that you may have some  relationship issues that would indicate a genuine relationship but if you are not 100% sure that this man is your future then the loss of time and emotional hardships of a break up after entering cam be devastating and don't forget your fiancee will never have a chance to become legal if you don't marry him within the 90 days.

Edited February 23, 2017 by adam&warda