canceling k-1 petition

[ez075318 0]

i just got the receipt of k-1 applicaiton, now waiting, but now i heard that applying for Student visa for my girlfriend might be better off so she can stay here as long as she is in school and we won't be rushed in to marriage decision.

so I want to know is it bad to cancel the petition and have her apply for student visa? will the petition leave a record and immigration will notice and reject her student visa?

thank you, just want to know the pros and cons.

[Minya's wife 24]

i just got the receipt of k-1 applicaiton, now waiting, but now i heard that applying for Student visa for my girlfriend might be better off so she can stay here as long as she is in school and we won't be rushed in to marriage decision.

so I want to know is it bad to cancel the petition and have her apply for student visa? will the petition leave a record and immigration will notice and reject her student visa?

thank you, just want to know the pros and cons.

Before you rush to cancel that K-1, I would research the student visa route. Not sure, but its not just as simple as "she can stay here as long as she is in school". Its not as simple as presenting yourself to your 'local' US consulate and applying for a student visa.

You should start with this link.

http://travel.state.gov/visa/temp/types/types_1268.html

[pushbrk 12,761]

i just got the receipt of k-1 applicaiton, now waiting, but now i heard that applying for Student visa for my girlfriend might be better off so she can stay here as long as she is in school and we won't be rushed in to marriage decision.

so I want to know is it bad to cancel the petition and have her apply for student visa? will the petition leave a record and immigration will notice and reject her student visa?

thank you, just want to know the pros and cons.

The decision that you'll marry within 90 days of entry would have been made prior to signing letters of intent to that effect, right? Having a petition filed for her and her having a US Citizen fiance will both be evident to anybody making a decision about a student visa. Those two facts will demonstrate clear immigrant intent. People with immigrant intent are ineligible for non-immigrant visas. All student visas are non-immigrant visas.

This is a discussion that should have been completed prior to filing the I-129F petition. You're asking for a lot of trouble to go down this road. Each step will dirty the previous one so that when the student visa process fails the previous I-129F and the student visa attempt will both tend to lead a Consular officer that getting to the USA was the real issue, not your relationship, regardless of whether it's true.

Since you've already filed and it will be several months before any visa is issued and several more months before it HAS to be used, that you use that time to build your relationship as best you can. That way, perhaps neither of you will ultimately feel rushed into marriage.

K1 is a fiance(e) visa. By definition, the couple has already made the decision to marry.

[REINITA♥REY 8]

A K-1 petition is for couples who are engaged and plan on being married. Since you stated your being rushed into a marriage decision with the K-1 and you have a girlfriend, not a fiance, it is not the correct visa for you. If you get to the interview portion and are honest about not being engaged, the visa will not be approved.

[Minya's wife 24]

A K-1 petition is for couples who are engaged and plan on being married. Since you stated your being rushed into a marriage decision with the K-1 and you have a girlfriend, not a fiance, it is not the correct visa for you. If you get to the interview portion and are honest about not being engaged, the visa will not be approved.

Except that there is a small issue of misrepresentation, since there is a Letter of Intent to marry from both the petitioner and beneficiary which accompanies all I-129F petitions. This letter is a declaration that you're in a fiancee relationship and have intentions to marry. So if you write this letter, sign it and send it in, but several moths later you are "honest" and state that you are not engaged, you've misrepresented yourself.....big no-no!!

[ez075318 0]

no, i have proposed to her, i guess my biggest issue lies in my family, they really wanted me to slow down. but I really love her alot, sigh, chinese family.. hard to argue and hard to not obey... but I truuly appreciate all of your saying, thank you for your replied! I am still staying with k-1.

[Spoon 7]

no, i have proposed to her, i guess my biggest issue lies in my family, they really wanted me to slow down. but I really love her alot, sigh, chinese family.. hard to argue and hard to not obey... but I truuly appreciate all of your saying, thank you for your replied! I am still staying with k-1.

You've got around six months before you get the visa (I don't see a time line from you so just saying) and another three months on top of that. I got some ####### from my friends that I was moving too fast until they realized I had been with my fiance for a year and we still have at least a few more months to go in the process before I get her here. I know that is different than the family pressure but this process is anything but fast. You have a lot of time to figure things out.

[baron555 934]

A K-1 petition is for couples who are engaged and plan on being married. Since you stated your being rushed into a marriage decision with the K-1 and you have a girlfriend, not a fiance, it is not the correct visa for you. If you get to the interview portion and are honest about not being engaged, the visa will not be approved.

Being engaged is not a issue with Immigration only that you intend to marry within 90 days on entry using a K-1. They really are not concerned if you are engaged or not; you don't have to provide proof of that .

[pushbrk 12,761]

Being engaged is not a issue with Immigration only that you intend to marry within 90 days on entry using a K-1. They really are not concerned if you are engaged or not; you don't have to provide proof of that .

If you can sign a letter of intent to marry, you are engaged, at least by any definition used in an immigration process. All it takes is, "Will you marry me?" and "Yes." to be engaged.

[LoveinPeru 2]

I would stick with the k-1 visa. Your fiancee might not be given the student visa even if she hadn't applied for the k-1, but with the k-1 application on your record, it would show an intent to immigrate, and then you would need her to show REALLY strong ties to her home country and even then......

Before my fiance and I had applied for the k-1, he applied for a student visa and was denied because he was unable to show strong enough ties to his home country (peru). Cancelling the k-1 now would dig up a whole bunch of muck you probably don't want to deal with.