we cancelled

[chrissy9480 0]

We were worried about income requirements so we decided to cancel and my fiance got a job in France. I am still in the United States saving some money and trying practice my french. I really want him to visit; however let me tell you how much of a pain this has been! You think it is rough applying try to cancel!!!

I dont know where to post this or even if someone on this site will be able to help me. Our application went pretty fast it only took a month so by the time we decided to cancel it had already been sent to the embassy in france. After spending 30 euro on the phone with the embassy he finally discovered the visa had been cancelled on their end but maybe not on this end. There is a possiblitly the paperwork may not have been processed through our service center.

They are sending him a letter stating it has been cancelled but we are worried he is going to spend the money to come visit in the United States and the POE officer will see that he just cancelled his K1 visa and be suspicious. Does anyone know how we could avoid this? If he spends the money to have his work contract and apt lease translated to english so it shows ties to France will this give a better chance of getting through? Does anyone know what his chances are? Because 50/50 is not enough.... plane tickets are outrageous!!!

Of course I can go see him and I have several times but I am not able to take anymore time from work plus my family would like to see him again as well.... I am going to be moving to France it is so much easier but we want to have a good amount in savings since I wont be able to work over there for awhile! I just want him to visit!! Any suggestions or comments would be very much appreciated!!!

[sarah and hicham 3]

you could have gotten a co sponsor no? I'm not sure I understand!

[chrissy9480 0]

you could have gotten a co sponsor no? I'm not sure I understand!

We looked into it and it was not an option.... I just need some advice on how to get him through our immigration without problems so the money we spend on a plane ticket is not wasted

[sarah and hicham 3]

wow I'm sorry I don't know the answer to your question mais je te souhaite bonne chance et j'espere que vous serez ensemble bientot. Bon courage a vous!

[gugu24 0]

helo, i am amazed you canceled, lol never heard of anyone canceling a petition. I have filed a petition for my fiance and moved to Japan while we waited it out. i been here for 1 1/2 years. we had a baby last year and expecting another(yippie) so he is the one working. when ( or if) he gets his visa to come back home to USA then of course niether of us will have jobs immediatly. my brother bought a

home and is opening it up to us with welcomed arms. he and his wife have offered to sponsor my fiance since they meet far more than the expected income requirement for the family size. They are filing the I-134 and noterizing an affidavit of support. Later once we are back in USA ( God willing) we will marry and they will file an I-864 and I-864A. Hope all goes well and they grant the visa. we are waiting for the packet to arrive and then will schedule interview. Good luck to you

[Ladylethal 12]

I'm sorry you cancelled, and I have no advice for you. One thing though, if he flies there and you two get married, you'll have trouble adjusting status 'cus they'll know you cancelled a K1.

[Kez/JWolf 6]

Sorry to hear you canceled your K1... as far as him visiting the States... there is no guarentee of his entry it is up to the officer at POE... all he can do is make sure he has as much evidence to show ties to France and hope that they allow him entry....

One thing you may want to consider is taking a flight via Dublin... as Dublin has its own POE and if he was denied it would only be a short flight back to France....

The fact that you have canceled your K1 will have no effect if you later re-file and then do AOS.... you may be asked why you cancelled but it will not causse you problems.....

Kezzie

[Canuck Carrie 1]

The fact that you have canceled your K1 will have no effect if you later re-file and then do AOS.... you may be asked why you cancelled but it will not causse you problems.....

Kezzie

I thought with IMBRA you had to wait 2 years before refiling?

[Kez/JWolf 6]

Yes you have to wait 2 years to refile the K1 but the fact that you cancelled a K1 will not have any negative effect on AOS....

Kezzie

[motu 5]

Like others have posted before - show letter from employer stating he is expected to be back on the job on xyz date; Have a return ticket (I am assuming he is doing this anyway); have rent/lease agreement showing he is living there and will be back.

He should be able to explain why the K1 was canceled - e.g. decided to have her migrate to france instead of me in 2007 because it will be better for us in these ways

Number 1 through 10!

Good Luck

[elizaxyz 0]

I'm sorry you cancelled, and I have no advice for you. One thing though, if he flies there and you two get married, you'll have trouble adjusting status 'cus they'll know you cancelled a K1.

Why would that be? We're still going forward with our application, but we've decided if the IMBRA delays take too long, we'll just cancel and I'll go to the UK. I don't see why anyone should be punished for changing their minds about which country they live in.

[Nessa 23]

hmmm Well if i was in charge and saw someone who just cancelled their k1 petition trying to get in the states with a tourist visa i'd probably deny their entrance. Sounds suspicious. Just my opinion.

[luvaLimey 0]

you could have gotten a co sponsor no? I'm not sure I understand!

Sometimes, it's not that easy to find a co-sponsor. I know that if I couldn't meet the income requirements on my own, we'd be up shite creek becuase none of my family (though they would be willing) would be able to co-sponsor.

To the OP: good luck in France. The cancelled K1 shouldn't affect whether you can come over. Are you planning to marry in France? If so, (I don't know the rules at the French consulate) maybe after a while you could DCF, or at the very least do a CR-1.

[elizaxyz 0]

hmmm Well if i was in charge and saw someone who just cancelled their k1 petition trying to get in the states with a tourist visa i'd probably deny their entrance. Sounds suspicious. Just my opinion.

Depends on the circumstances. If I cancelled my K-1, went to the UK and got married, and then my husband and I came back at a later date to visit family, with evidence that we had ties to the UK, what would be so suspicious? Circumstances change, and people change their minds about where to live.

Edited June 7, 2006 by elizaxyz

[pax 0]

Just one thing to add: I believe, for a K-1, that if the same petitioner petitions for the same beneficiary, the 2-year waiting period does not apply. It makes no sense that a couple would be punished simply for exploring and taking advantage of different life circumstances.

As well, I can't imagine that marrying and AOS-ing on a second K-1 rather than the first would make any difference either. Someone might have something to add on that, but as long as everything is on the up-and-up, it's not illegal or (IMO) problematic to do it that way.

Best of luck to the OP on this new chapter!