Withdrawal of K1-visa

[Precioussoul 0]

My  fiancé and I are at the interview stage of our k-1 Visa journey.  We just need to complete our ds-160 application and then we can set up our interview date in Montreal Canada .

 

With that being said here is my dilemma.

 

I recently lost my job last month and so I went to Canada to spend the rest of our k-1 visa time over there until he gets his visa. We did not submit our packet 3 information and ds-160 application yet because we just found out that I am pregnant. Now my fiancé and I are thinking it’s best financially to withdraw our application and for him to remain in Canada to work and I will go back to the USA to find a job and have the baby there.    If he continues on with the K1- Visa and comes to the US he won’t work until his status is adjusted and gets the work permit and I feel like that will be hard on both of us once the baby comes. 

 

So my question is, if we withdraw our application at the final interview stage will it affect our  later applications? Will the USCIS ask for reasoning as to why we never went through with the K1-Visa when we apply for the spousal visa in the future?we are planning to wait until he gets a visitor Visa to come to the USA then get married. This way he can visit me in the USA on that visitor visa the first year. Then we will apply for a spousal visa for him to come to the USA. That way by the time he is approved for it we would have been married for 2 years and he can get his “permanent “green card instead of a “2 year conditional” green card.

 

I’m looking for any advice on this situation. Is withdrawing too risky?

[geowrian 22,336]

They might ask, but with a reasonable explanation (like you have), it won't hurt it in any way. You are far form the first couple to abandon the K-1 process and go for a CR-1 visa.

 

If he enters on the spousal visa after the 2 year anniversary of the marriage (it's not based on when the visa is issued), he won't need to go through ROC.

The timeline for a spousal visa is ~11-15+ months on average last I checked (likely on the longer side as Montreal is backlogged).

[Pitaya 2,577]

To avoid leaving and loose ends should the two of you choose to withdraw at this time, suggest that both of you be sure to write explanatory letters, with DOS casefile number and USCIS receipt number to the Montreal consulate and to the USCIS service center that approved the F-129F visa petition.

[NikLR 13,220]

Why not get married, stay in Canada, and have your family there instead of separating?