K1 Visa Abandonment

[Nay2223 3]

My fiancé and I filed our I-129F on 5/28/2020 and our case was approved in February (NOA2 received 2/4/21). We haven’t heard anything from NVC since then. I submitted an inquiry today. We decided on abandoning the K-1 altogether, getting married online via Utah County, consummating the marriage next month, and just starting over with the spousal visa. I was hesitant about the online wedding, but I’m confident about our case.

 

That being said, I can’t help but feel like we’re closer than we think, but I also understand that the US Embassy and Consulate in Nigeria is not doing non-immigrant visas at this time. His Canadian permanent residency has been approved and once he is able to settle in at least we will be closer. But I upon realizing it's been a year, I can’t help but wonder about if it's a good idea to start over.

 

I know it’s a personal decision, just wondering if anyone has dropped the K1 for the spousal during this time and what was the tipping point?

[Lady A 51]

I’m so tempted to do that but it means going to the back of the line. Both the embassy and the NVC have backlogs and starting over just seemed like the wrong choice for us though in retrospect, I wish we had done the CR-1 to begin with. Also just FYI Lagos is processing K1 visas but they are working on the cases that were sent prior to or near the start of the pandemic. As for CR-1 they’ve been processing those visas for a while but I’m not sure if that’s a bigger backlog thank K1. 

[Ryan H 3,812]

Moved from Process & Procedures to Progress Reports.

[Fk254 45]

On 5/14/2021 at 5:11 AM, Nay2223 said:

My fiancé and I filed our I-129F on 5/28/2020 and our case was approved in February (NOA2 received 2/4/21). We haven’t heard anything from NVC since then. I submitted an inquiry today. We decided on abandoning the K-1 altogether, getting married online via Utah County, consummating the marriage next month, and just starting over with the spousal visa. I was hesitant about the online wedding, but I’m confident about our case.

 

That being said, I can’t help but feel like we’re closer than we think, but I also understand that the US Embassy and Consulate in Nigeria is not doing non-immigrant visas at this time. His Canadian permanent residency has been approved and once he is able to settle in at least we will be closer. But I upon realizing it's been a year, I can’t help but wonder about if it's a good idea to start over.

 

I know it’s a personal decision, just wondering if anyone has dropped the K1 for the spousal during this time and what was the tipping point?

In my honest opinion, 

 

Why don't you try to tell NVC that your fiance has moved to Canada and so therefore the beneficiary consulate/embassy should be moved to Canada so it would be more faster for you both...I just feel restarting the process with CR-1 is not worth it since you both have already come this far

[Strawberrymermaid 346]

I did this. We were 8 months in waiting for NOA2 on I-129F and got married. 

Starting over sucks, but being married is the best. Even if we have to be apart

It also highly depends on which service center you are assigned to. We got Potomac. Not a fast one at this point in time. So all we can do is wait.

[DesmondN 0]

On 5/17/2021 at 3:43 PM, Strawberrymermaid said:

I did this. We were 8 months in waiting for NOA2 on I-129F and got married. 

Starting over sucks, but being married is the best. Even if we have to be apart

It also highly depends on which service center you are assigned to. We got Potomac. Not a fast one at this point in time. So all we can do is wait.

So how does it work? One must write to NVC and wait for the withdrawal approval before submitting I-130? The k1 has been approved and currently at NVC and have also written to nvc for k1 withdrawal. 

[payxibka 10,045]

Just now, DesmondN said:

So how does it work? One must write to NVC and wait for the withdrawal approval before submitting I-130? The k1 has been approved and currently at NVC and have also written to nvc for k1 withdrawal. 

File away 

[Strawberrymermaid 346]

1 minute ago, DesmondN said:

So how does it work? One must write to NVC and wait for the withdrawal approval before submitting I-130? The k1 has been approved and currently at NVC and have also written to nvc for k1 withdrawal. 

I wrote a formal letter to USCIS withdrawing our petition but I didn’t wait for confirmation before filing the I-130. If I were you I would go ahead and get it in the system, file now. 

[DesmondN 0]

1 minute ago, Strawberrymermaid said:

I wrote a formal letter to USCIS withdrawing our petition but I didn’t wait for confirmation before filing the I-130. If I were you I would go ahead and get it in the system, file now. 

Ok thanks for the quick response.

ur I-130 been approved and when did file?

[Strawberrymermaid 346]

Just now, DesmondN said:

Ok thanks for the quick response.

ur I-130 been approved and when did file?

No, not yet. I filed March 5 and got Potomac service center, so probably in for a pretty long wait.

[DesmondN 0]

Just now, Strawberrymermaid said:

No, not yet. I filed March 5 and got Potomac service center, so probably in for a pretty long wait.

Oh ok.

Did uscis ever get back to u with regards to the withdrawal?

[Strawberrymermaid 346]

Just now, DesmondN said:

Oh ok.

Did uscis ever get back to u with regards to the withdrawal?

Yes, about 3 weeks after I sent the withdrawal letter they sent me a notification it was withdrawn.  I also included in my I-130 packet the reason we withdrew and a copy of our NOA1. When you file the I-130, it asks if you have ever filed a petition before so you have to make sure to say yes on that part. 

[DesmondN 0]

1 minute ago, Strawberrymermaid said:

Yes, about 3 weeks after I sent the withdrawal letter they sent me a notification it was withdrawn.  I also included in my I-130 packet the reason we withdrew and a copy of our NOA1. When you file the I-130, it asks if you have ever filed a petition before so you have to make sure to say yes on that part. 

Thanks, I really do appreciate.

[SBVeryBlessed3k 17]

Thank you for info. As I am visiting soon and wanting progress over DOS promises, the CR1 is the obvious next step for us. We started in March 2020, and have been at NVC since December, sigh. Every K1 when used to enter the US has 9 months typical processing for 90 day + green card/work permit. That plus 6 to 12 months likely backlog wait time is more than changed CR1 length. Front of an unknowable line does not mean much for our long term plans, though others can still wait if they like. A visa should not control anyone's life plans. "It will come through when it will come through" seems the NVC atmosphere as there doesn't seem much accountability to prioritize service to us. If you establish a healthy long distance relationship, then nurture it with growth, and change visas to what suits, including children if that's in the cards. Visa process will be fixed in future, but why remain in place of regret because of situations. One year from now-- even waiting--I know we will not regret getting married, but we'd definitely regret being in same K1 position...

[Nay2223 3]

On 5/16/2021 at 3:37 AM, Fk254 said:

In my honest opinion, 

 

Why don't you try to tell NVC that your fiance has moved to Canada and so therefore the beneficiary consulate/embassy should be moved to Canada so it would be more faster for you both...I just feel restarting the process with CR-1 is not worth it since you both have already come this far

Update - Canada is so locked down they won't allow him entry even with his PR. Applied for exception and was denied so now just have to wait until Canada reopens