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Portuguese91

K1 visa withdrawal (interview stage) to get married (and apply to CR1 abroad)

By Portuguese91 in K-1 Fiance(e) Visa Process & Procedures

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Portuguese91 Rookie

Portuguese91   3

Posted
Filed: K-1 Visa Country: Portugal
 Timeline
Posted

Hello everyone!

 

My fiancé (petitioner) and I applied for a K1 visa back in December of 2019. With the pandemic it didn't move as it usually would, and in the meantime we changed our minds. However, I have my interview date for June 23rd at the US Embassy in Paris.

 

My fiancé is here with me (Portugal) and we now plan on getting married here, and then apply for a CR1 visa. The main reason for that change is that I got a better job (than the one in 2019) and she is currently unemployed. It would make zero sense to keep pursuing a K1 visa and then having to quit my job just to sit and wait for 6-8 months before I could work in the US.

 

I have read several posts about withdrawing from K1 visa, and I know she (petitioner) must send a notarized letter with our decision. However, I still have a question: Since our K1 visa case is at the interview stage, who should we contact/inform about our decision? The US Embassy in Paris? The NVC? Or the USCIS?

 

Also, can we apply for the CR1 visa if we decide to live together here in Portugal for the meantime? Or must she (petitioner) be in the US to be able to apply?

 

Thank you all in advance!

 

 

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

If you have decided to take the CR1 route, then just an email to the embassy regarding K1 withdrawal will work. Include all relevant information like petitioner and beneficiary's name, case number and such. No need to send a notarized letter.

 

For CR1, your then wife can file i130 while you two are there. Once it goes to NVC and interview phase, she has to show the the evidences of intent to reestablish the domicile in the US for i864.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Chancy Grand Master

Chancy   6,241

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
13 minutes ago, Portuguese91 said:

Since our K1 visa case is at the interview stage, who should we contact/inform about our decision? The US Embassy in Paris?

 

Contact the US embassy in Paris to notify them of your application withdrawal.  Note that once the embassy receives the withdrawal notification, you will likely not be able to take it back.  Point of no return as far as your K1 case is concerned.

 

18 minutes ago, Portuguese91 said:

can we apply for the CR1 visa if we decide to live together here in Portugal for the meantime? Or must she (petitioner) be in the US to be able to apply?

 

Your USC future-spouse must start with filing an I-130 petition after you get a valid marriage certificate.  She can file the I-130 from anywhere.  After the petition is approved, she will need to submit proof of US domicile or intent to re-establish domicile.  She may move back to the US ahead of you, or show credible efforts in preparation for moving to the US at the same time as you.

 

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
1 hour ago, Portuguese91 said:

Hello everyone!

 

My fiancé (petitioner) and I applied for a K1 visa back in December of 2019. With the pandemic it didn't move as it usually would, and in the meantime we changed our minds. However, I have my interview date for June 23rd at the US Embassy in Paris.

 

My fiancé is here with me (Portugal) and we now plan on getting married here, and then apply for a CR1 visa. The main reason for that change is that I got a better job (than the one in 2019) and she is currently unemployed. It would make zero sense to keep pursuing a K1 visa and then having to quit my job just to sit and wait for 6-8 months before I could work in the US.

 

I have read several posts about withdrawing from K1 visa, and I know she (petitioner) must send a notarized letter with our decision. However, I still have a question: Since our K1 visa case is at the interview stage, who should we contact/inform about our decision? The US Embassy in Paris? The NVC? Or the USCIS?

 

Also, can we apply for the CR1 visa if we decide to live together here in Portugal for the meantime? Or must she (petitioner) be in the US to be able to apply?

 

Thank you all in advance!

 

 

1.  Once you marry, the K-1 application is voided.  Just send an email to the consulate and tell them that you plan to marry instead of continuing with the K-1.  The K-1 case is of no concern to USCIS or NVC.

2.  The petitioner can submit an I-130 from anywhere in the world  after marriage.

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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