withdrawing K1 visa petition

[AchoKfuerte 0]

Hello all! My fiancee and I have been going through the process for her to get a K1 visa, but it looks likely that my work will take me to Holland for a couple of years. My fiancee has her interview for the visa on July 15 in Madrid, so she still doesn't have it in hand. Since she's not going to immigrate here on the short term, I'm wondering, can anyone help me figure out how I can withdraw the K1 petition and if there are any long-term consequences (i.e. regarding temporary visits through the Visa Waiver Program or future immigration)?? If she were to get the K1 visa, could it be nullified before she uses it? We are still getting married and it's possible that we'll come back to the US in the future. Would Direct Consular Filing of the I-130 be an option in such a case? Is there anything that we should keep in mind so that any future processes are made more simple? Thanks!

[milimelo 4,413]

Send a letter withdrawing your petition to both the USCIS service center that adjudicated it and the US embassy that has her case. Make sure you add a copy of approval notice so they can match up your case and definitely get return receipt with signature so you have your bases covered should something unexpected arise (with USCIS you never know).

All your fiance has to do is not show up at the interview or go there and let them know you are moving to Europe and for that reason you two will not be following through the K-1.

After that you can get married and do DCF if you qualify per residency.

[AchoKfuerte 0]

Thanks Withdrawing the petition sounds pretty easy.

I'm concerned about the visa waiver program if my fiancee wanted to visit the US. I called the US Customs & Boarder Protection agency and they said that she would have to provide information proving her intention to return to Spain after her stay. She has a house and can provide the deed and utility bills, but an employment letter is kind of difficult for her situation. She's a teacher in Spain, but doesn't have a permanent posting yet. The way it works in Spain is that she has to work as a substitute for a number of years and eventually would get a permanent post. Right now, she's officially unemployed, but has to return in September to get her next teaching post. Anyone have any suggestions on what kind of employment letter would be useful in this case?