caramelbarbie

i checked out the thread about visiting while your petition is still pending, looks like most of the experiences are from people who didn't need to apply for a visitor's visa, all they had to do was show up at the POE and hope to be allowed in. i guess being african, my situation is a bit tougher. maybe i'd just focus on getting the immigrant visa approved rather than risk a "visa denied" on my passport.

thanks for this k1 withdrawal thread, i check it out right now

ok thanks

Sure, you should make sure the fiancee K1 visa is withdrawn, and then start all over filing for a CR1 spouse visa, A baby certainly does count, as another person reliant on financial support, and increases the size of the household. Agree with Penguin, you need to work on fulfilling the support requirements.

Good luck on your immigration journey.

do you have any idea how i can make sure the fiance k1 is withdrawn? wondering if i need to contact the embassy, nvc or uscis. i wonder who does the withdrawal. funny thing is, the embassy i was going to have the interview at, is different from my home country where we now live at

No problem, in act you getting married and living together is a good thing. The only issue I see is how are you overcoming the financial part this time, with a baby which adds to the household size?

we'd have to get a joint sponsor. this time i'm going to do the sponsor-hunt myself. my husband (then fiance) was in-charge the last time and I think he was too proud (or hurt?) to ask anyone else after he got shut down by his bosom friend (apparently his friend's wife said no).

the financial obligation will be harder to meet this time but i guess we don't have a choice, i need to go to the US to do my clinical skills exam as part of the last step before applying to a hospital residency program and word on the street is that you should bother to apply for a visitor's visa when you have some other kind of visa pending. is that true?

Hi.

So my USC fiance filed a 1-129f petition for alien fiance for me in march 2012, it got approved in august 2012, i was invited for a k1 visa interview in january 2013 but i couldn't attend cos he couldn't fulfill the affidavit of support requirements, we got married in a different country in January 2013 and since then, he's been with me in my home country. Now we want to start a spousal visa petition. do you foresee any problems in our journey? we now have a baby together, i hope that counts for something. I know we'd probably have to cancel the fiance visa petition, but i don't know how to do that. I'm also wondering if its possible to merge the two applications together and just pay a new immigrant petition for alien spouse fee instead of cancelling the previous fiance petition. i mean its the same couple involved right?

thanks in advance.,i hope i was detailed enough

Hi! I have the following question:

My wife has just been issued a CR1 Immigrant Visa and she has to enter the US by October 30. Our two year marriage anniversary is September 14. I would like to find out if she will be issued a temporary or a permanent green card when she enters the US, and if that will be affected by her date of entry (whether she enters the US before or after September 14).

The USCIS site reads as follows:

If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered conditional. The immigrant visa is aconditional resident (CR) visa, not an immediate relative (IR) visa.

You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouses entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card).

If these rules are strictly followed, than the arrival date later than September 14 would avoid the temporary GC. At the same time, it states we can petition to remove the Conditional status 90 days before the two year anniversary.

I called the USCIS, but they can not give me a straight answer.

Does anyone know how this works or had a similar predicament?

Any help is greatly appreciated! Thank you in advance.

it says you can petition to remove the conditional status 90 days before the 2-year anniversary of her entry into the US not the two year anniversary of your wedding. get it?

your case is very straight-forward, all she needs to do is enter the US after sept 14 and you're good to go. whats the hurry? do you really want to risk getting a 2-year conditional green card when you can wait for only 6 more weeks and get an unconditional 10-year green card?

my dear you don't have a predicament

so what happens if its deemed abandoned? how do you start over? do you have to cancel the old one? if you do, how do you cancel it? many questions i know