Postponing K1 Process?

[Roxyroo 1]

Hi Vjers--

My fiancé and I sent our I-129F packet in July. We have not yet received our NOA2, and a recent visit to the CA Service Center site told us that they are backlogged and so we assume we won't hear anything until Nov-Dec. I live and teach in Bogota, where I will stay until this process is complete.

In the meantime, we have done some thinking. The original plan was for this to take a year, for us to be able to come to the US by summer 2009, so I could begin teaching in Sept 2009. Now that seems like it may not happen (or happen way too close to Sept to be doable).

And, as you may have noticed, the US economy has since tanked, and we are trying to make a smart decision, as he is an immigrant who was planning to study for a new career in the US. We know that we will have a lot of adjustment when we move to the US, and don't want constant $ worries to be one factor.

So, the question! Is there any way to postpone the K-1 visa once we receive the NOA2? Perhaps to enter the US summer of 2010 instead? How on earth do we go about doing that With another year here, we could earn well and save, and be much more comfortable by the time we get to the US...and also just have more time together here.

On a related note, I still want my fiancé to meet my family and friends, and we have discussed traveling to the US this summer. Without a fiancé visa actively in process, are his chances of getting a travel visa zilch? I am mainly afraid (as a Colombian man) that he will have to convince the Consulate that yes, one day next year he might want to live in the US permanently, but he does not plan to do so during this trip. I know how they can be.

Thanks for any help!!

[payxibka 10,045]

You can drag your feet on the visa application but I doubt the consulate will agree with 2010.

Chances of a visitor's visa are the same now or later... With the I-129F having already been filed, the "intent" to immigrate has been expressed. Does not matter now if the I-129F is subsequesntly withdrawn, the threshold to overcome will be the same.

[Mononoke28 135]

2010 is almost 1½-2 years away and that's a pretty long time to stretch the whole process. You can probably delay it by 6-7 months but that would only make it until summer of 2009. Another option would be to cancel the I-129F and re-file later on either for a K1 or if you want to get married a CR1 to save more money.

Also, even though the economy is not as most people would want it to be, it's not as horrible is many people think it is. It has affected a lot of people that's for sure, but it's not like you won't be able to find employment when you get here. You may end up doing something else until you're able to find the job you like, but it's not like you're going to be unemployed forever. Same goes for your fiancée, he can still go to school and work part-time like my husband is doing.

And to address the tourist visa petitions. It's all a gamble. The CO may flat out deny it because of whatever reason or may grant it because again, it's not a sure thing. So, if you do decide to go for it, be ready for a denial. If you get approved then great, if not, you were ready for that.

Diana

[Ngoc-Anh 1]

what do you mean by you can begin teaching in sept 2009? You mean working? Are you aware that you need to apply for a work permission first anyway to be able to work and this can take some time between 2 months and 1+ years?

[Minya's wife 25]

Hi Vjers--

My fiancé and I sent our I-129F packet in July. We have not yet received our NOA2, and a recent visit to the CA Service Center site told us that they are backlogged and so we assume we won't hear anything until Nov-Dec. I live and teach in Bogota, where I will stay until this process is complete.

In the meantime, we have done some thinking. The original plan was for this to take a year, for us to be able to come to the US by summer 2009, so I could begin teaching in Sept 2009. Now that seems like it may not happen (or happen way too close to Sept to be doable).

And, as you may have noticed, the US economy has since tanked, and we are trying to make a smart decision, as he is an immigrant who was planning to study for a new career in the US. We know that we will have a lot of adjustment when we move to the US, and don't want constant $ worries to be one factor.

So, the question! Is there any way to postpone the K-1 visa once we receive the NOA2? Perhaps to enter the US summer of 2010 instead? How on earth do we go about doing that With another year here, we could earn well and save, and be much more comfortable by the time we get to the US...and also just have more time together here.

On a related note, I still want my fiancé to meet my family and friends, and we have discussed traveling to the US this summer. Without a fiancé visa actively in process, are his chances of getting a travel visa zilch? I am mainly afraid (as a Colombian man) that he will have to convince the Consulate that yes, one day next year he might want to live in the US permanently, but he does not plan to do so during this trip. I know how they can be.

Thanks for any help!!

You may have noticed...the world economy is tanking! (OK, that may be too strong a word, but IMO this is global, not US specific.) You want your SO to emigrate to the US, you want to make your life here, but only if the US economy gets? And, you want the US to extend your "invitation" by one and half years? Don't you think that's stretching the "your cake and eating it too" concept a bit?

If you're not ready to emigrate....just withdraw the I-129 petition, and file when you're good and ready. You'll take a loss on the filing fee...but as as you may have noticed, the US economy has ...tanked...

-P

[Roxyroo 1]

Alright guys, frustrating, but thanks anyway for your responses.

To be clear, I'mthe US citizen, I am a high school ESL teacher, I'm kinda recession-proof and I can start working when we get to the US. Back before the US economy tanked, it seemed there would be more options for him. I am worried about him, not about me. (and therefore, about us.)

And while I am aware that the world economy also has tanked, licensed foreign teachers in Colombia can still live a pretty sweet life (nice salary, free housing, etc). One more year here would put us on better footing with savings, bettering our situation in the US no matter how bad the economy still is a year from now.

A Colombian friend here who was applying for a travel visa to the States to visit her US boyfriend's family had him write a letter on her behalf...maybe I can do something similar?

[payxibka 10,045]

While you can write one, an invitation letter from a USC is typically given no consideration .. nada...

Your risk in all this is only $131....

[beans 7]

Also keep in mind most recessions only last 10 months. I mean either way the first while is going to be tough financially, even if it's not ideal. And, what makes the both of you sure that he will get a teaching job? I know in Canada it can be tough to get a job in that profession, very competitive. I say complete the process, it's in your best interest because come 2009 the recession may be done.

[Otto 83]

So, the question! Is there any way to postpone the K-1 visa once we receive the NOA2? Perhaps to enter the US summer of 2010 instead? How on earth do we go about doing that With another year here, we could earn well and save, and be much more comfortable by the time we get to the US...and also just have more time together here.

You may consider withdrawing your K1 petition, get married abroad and follow an CR-1/IR-1 visa path.

[spookyturtle 9,466]

So, the question! Is there any way to postpone the K-1 visa once we receive the NOA2? Perhaps to enter the US summer of 2010 instead? How on earth do we go about doing that With another year here, we could earn well and save, and be much more comfortable by the time we get to the US...and also just have more time together here.

You may consider withdrawing your K1 petition, get married abroad and follow an CR-1/IR-1 visa path.

An excellent alternative.

[brnidokiegurl 0]

it maybe kinda like planning for kids...there never will be a (completely excellent time) others are still coming everyday and manageing im sure you will do fine but if it just doesnt fit your plan i would stop it marry and plan on another long year for the cr1 to get i married last nov and here i am just getting the noa2 last week.....

[msu17 0]

So, the question! Is there any way to postpone the K-1 visa once we receive the NOA2? Perhaps to enter the US summer of 2010 instead? How on earth do we go about doing that With another year here, we could earn well and save, and be much more comfortable by the time we get to the US...and also just have more time together here.

You may consider withdrawing your K1 petition, get married abroad and follow an CR-1/IR-1 visa path.

That's what I was thinking. That way you can get married nowish, file the petition and when you both move to the US, you husband will have a green card meaning he can immediately look for work, not wait the 3 months + for the temp. work permit. If you want to keep going with the K1, you've got a few months till you get to the embassy stage and once there, you can drag your feet in sending stuff to the embassy. Plus you have 6 months from the time the K1 is issued to get to the US. However making it all the way to summer '10 is pushing it. If it were me, I'd cancel the K1 and go CR-1 route. Something to look into.

[Roxyroo 1]

So, the question! Is there any way to postpone the K-1 visa once we receive the NOA2? Perhaps to enter the US summer of 2010 instead? How on earth do we go about doing that With another year here, we could earn well and save, and be much more comfortable by the time we get to the US...and also just have more time together here.

You may consider withdrawing your K1 petition, get married abroad and follow an CR-1/IR-1 visa path.

An excellent alternative.

Thanks again, VJers!

I am thinking we will ultimately have to withdraw the K-1 for now. I just can't see being in the US by summer--either financially or with how speedily the process is moving along. We may end up getting married here in Colombia and doing the CR-1/IR-1.

I am crossing my fingers that if he has money in the bank and is just up-front about the K-1 petition (withdrawn or no) the Consulate might be understanding to him visiting my family? It will be my decision to withdraw it after all.

Ha ha ha, understanding consulate.

Once again, I, the woman, the US citizen, am the ESL teacher. That I will have a job in the US I have no doubt. He is an artist....not so employable in the best of times.