k1 K1 cancellation

[geowrian 22,335]

It's better, IMO< for the old petition to be formally withdrawn. Then there's no question about its validity.

But even without that, it should expire after a year and no longer be an issue.

[Randyandyuni 2,682]

22 hours ago, geowrian said:

It's better, IMO< for the old petition to be formally withdrawn. Then there's no question about its validity.

But even without that, it should expire after a year and no longer be an issue.

Depends if she is still in contact with the original petitioner, they are the only ones that could cancel it, if not already done 

[geowrian 22,335]

12 minutes ago, Randyandyuni said:

Depends if she is still in contact with the original petitioner, they are the only ones that could cancel it, if not already done 

I wouldn't say "depends"...it is still better IMO if he withdraws it. Whether or not that is on the table is a different question.

[Hank_ 9,171]

On 9/7/2019 at 10:49 AM, Apple green said:

Hi there, 

 

I would like to ask about  k1 cancellation. I am from the Philippines. My relationship with my boyfriend didn't work well,we decided to part ways,we applied for k1 visa and the case is already in Manila US embassy. We didn't schedule an interview ,we just let it sit there. That's way back 2017. Now,i had a prospect who is a US citizen. My question is can we apply a k1 visa with my new boyfriend even though the first k1 application is not cancel? Should i ask my ex to cancel it before we apply a new one? Or should we apply a spouse visa instead? I appreciate your comments about my case

. Thanks so much.

The petition with your EX-fiance "died" a year after it was approved by USCIS, being you did nothing with it.    If you still have the MNL# you could write an email to the embassy requesting it be cancelled, just to cover all the bases.   But I doubt it would be a issue one way or the other.

 

As for Fiancee or spouse visa ... the spouse visa has some very nice perks, the big one being once your clear POE into the USA you will have your green card/I-551 stamp, you will be able to work, be added to bank accts, etc once your have your SSN.    For the fiancee visa it can take 6-10 months after you clear POE before you have you EAD or green card.

 

For the small difference in time I would lean toward the CR-1 visa over the K-1  because of the extended timeline for receiving the green card

 

 

 

 

[Randyandyuni 2,682]

1 hour ago, geowrian said:

I wouldn't say "depends"...it is still better IMO if he withdraws it. Whether or not that is on the table is a different question.

Agreed, I made an assumption 

[Apple green 1]

On 9/8/2019 at 3:24 AM, payxibka said:

Your petition approval would have expired in 2018.  If you still know what the MNL# is you can see what the current status is on ceac.state.gov 

 

Your new suitor certainly can petition for you.   I might expect to be questioned by the embassy come interview time 

 

 

Thanks so much for your comments. Greatly appreciated.

[Apple green 1]

20 hours ago, Randyandyuni said:

Agreed, I made an assumption 

Thanks so much for your opinion.

[Apple green 1]

20 hours ago, Hank_ said:

The petition with your EX-fiance "died" a year after it was approved by USCIS, being you did nothing with it.    If you still have the MNL# you could write an email to the embassy requesting it be cancelled, just to cover all the bases.   But I doubt it would be a issue one way or the other.

 

As for Fiancee or spouse visa ... the spouse visa has some very nice perks, the big one being once your clear POE into the USA you will have your green card/I-551 stamp, you will be able to work, be added to bank accts, etc once your have your SSN.    For the fiancee visa it can take 6-10 months after you clear POE before you have you EAD or green card.

 

For the small difference in time I would lean toward the CR-1 visa over the K-1  because of the extended timeline for receiving the green card

 

 

 

 

Thanks so much. This is very helpful information.