can a petition be postponed or delayed?

[Elena 0]

I filed a K3 visa for my husband. His visa interview is next month and his I-130 has also been approved but that isn’t moving as fast as the I-129. The problem is this, we only new each other for a short time before getting married. That was our mistake. The other mistake is that I rushed to file the visa petition. We have been married for less than a year and we have spent most of that time living apart from each other while I came back to the U.S. to file the visa papers. The time difference and long distance has made it difficult on our marriage and now we don’t know if we should proceed with the visa. We don’t want to give up on the visa since we’ve gotten this far but we want more time to work on our relationship. The only solution is for me to move to his country for a few months (maybe up to a year) to make sure that marriage is what we really want.

I’m not sure what I should do about the pending visa petition. Should we cancel it? If we do, will we be able to apply again? Is there a way to request that the interview and the I-130 petition be put on hold for a certain amount of time? Maybe the petition could be re-opened later? I just don’t want to start all over again. I worked so hard, reading and researching this whole process and now I’m just devastated that it has turned out this way. Again, his interview is next month and we are still so uncertain about what to do. I would appreciate any advice you can give. Thank you very much.

[duey 0]

I filed a K3 visa for my husband. His visa interview is next month and his I-130 has also been approved but that isn’t moving as fast as the I-129. The problem is this, we only new each other for a short time before getting married. That was our mistake. The other mistake is that I rushed to file the visa petition. We have been married for less than a year and we have spent most of that time living apart from each other while I came back to the U.S. to file the visa papers. The time difference and long distance has made it difficult on our marriage and now we don’t know if we should proceed with the visa. We don’t want to give up on the visa since we’ve gotten this far but we want more time to work on our relationship. The only solution is for me to move to his country for a few months (maybe up to a year) to make sure that marriage is what we really want.

I’m not sure what I should do about the pending visa petition. Should we cancel it? If we do, will we be able to apply again? Is there a way to request that the interview and the I-130 petition be put on hold for a certain amount of time? Maybe the petition could be re-opened later? I just don’t want to start all over again. I worked so hard, reading and researching this whole process and now I’m just devastated that it has turned out this way. Again, his interview is next month and we are still so uncertain about what to do. I would appreciate any advice you can give. Thank you very much.

I'm really sorry about your situation. Long distance relationships are quite difficult. Unfortunately, I don't really have any advice to give regarding canceling and reopening your K3. Have you tried calling or sending an email to embassy to find out if that's possible. Hopefully someone can come and give their insight.

[S&S 1]

you can always inform the embassy that you won't go with the k-3 that you want to pursue the I-130. Once your I-130 reaches NVC, before your case is completed you have to send papers back and forth. You can delay this process for quite a while by not sending your papers in immediately, the NVC gives you a year to respond back to them for documents they ask for, so that will give you some time to figure things out.

[David&Erin_Owens 0]

you can always inform the embassy that you won't go with the k-3 that you want to pursue the I-130. Once your I-130 reaches NVC, before your case is completed you have to send papers back and forth. You can delay this process for quite a while by not sending your papers in immediately, the NVC gives you a year to respond back to them for documents they ask for, so that will give you some time to figure things out.

I agree with S&S. This is probably your best bet. That way if things go well when you're over there and the romance is rekindled you don't have to start from scratch. Long distance is VERY hard. Especially when dealing with all of the stresses of USCIS paperwork and such. I hope things work out for the both of you. Hang in there.

[frank_cuenca 0]

If I'm not wrong your K-3 visa is valid for 6 months before entering the States and for 2 years before changing of status. Long distance relationships is hard , but only the ones the truly love each other will break that barrier and continue with that journey until they reach that prize wich is to be together.

Good luck

[Reba 2]

I'm sorry, I don't intend to sound mean or anything, but what's the difference of you going to his country for a year, over him coming here for a year with his K3 to work on your marriage? Wouldn't you have to apply for a visa to his country? This just doesn't make sense to me. You can "work on your marriage" just as well here in the US as you can in his country non?

If you're just about done with the K3 process, why not just complet that, have your husband move here, and then hold off on your I-130 until he decides whether or not he wants to stay in the US. Then apply for AOS. Or is he saying he just doesn't want to come to the US now?

I'm just boggled how you want to postpone the K3 & CR1 because your marriage isn't working out, but you want to move to his country instead to work it out. Long distance is hard yes, heck most of us here know that. My husband and I were getting ready to celebrate our 3rd anniversary before we actually got to live together and I had my K3! Our marriage nearly fell apart several times during those years, but we stuck with it.

Just confused is all, the logic seems fuzzy. *shrug*