Visa Waiver entry after K-1 withdrawl

[AchoKfuerte 0]

Hello all,

My situation is that my work is taking me to Holland for the next two years. My fiancee, from Spain, has her interview for the K1 visa on August 5. Since we would be leaving to go live in Holland in early spring, I'm planning on withdrawing the I-129F petition.

Question 1: Is it better to send a letter to USCIS & the consulate she has her interview at describing the situation and requesting a withdrawal or would it be better if she simply doesn't show up to the interview? I'm planning on doing a DCF in a few years if we come back to the States. If a letter is better, should it be notarized?

Question 2: My fiancee would like to come visit me here in the US this August. I've called customs & boarder protection and they said she would need to have evidence of a home in Spain, a bank account and work to demonstrate her intent to leave the US. Can anyone suggest anything else so to help make it easier for her to enter with the visa waiver program?

Thanks & I look forward to any comments or ideas you have!

[Carlawarla 1]

Hello all,

My situation is that my work is taking me to Holland for the next two years. My fiancee, from Spain, has her interview for the K1 visa on August 5. Since we would be leaving to go live in Holland in early spring, I'm planning on withdrawing the I-129F petition.

Question 1: Is it better to send a letter to USCIS & the consulate she has her interview at describing the situation and requesting a withdrawal or would it be better if she simply doesn't show up to the interview? I'm planning on doing a DCF in a few years if we come back to the States. If a letter is better, should it be notarized?

Question 2: My fiancee would like to come visit me here in the US this August. I've called customs & boarder protection and they said she would need to have evidence of a home in Spain, a bank account and work to demonstrate her intent to leave the US. Can anyone suggest anything else so to help make it easier for her to enter with the visa waiver program?

Thanks & I look forward to any comments or ideas you have!

I would send a notorized letter to USCIS about the withdrawal. That would cover all bases and then you'd get a confirmation that it's withdrawn and then there is no concern in the future that there is an outstanding process.

It's always an issue whenever someone comes over to visit that they'll be allowed in to visit. If she works, have her employer write her a letter saying she's on vacation, is travelling, and when she's expected to return. The Border control officers here want to know that if she visits that she'll be returning to her home country and won't be trying to immigrate, that would be true for anyone, so having evidence that shows ties to Spain is the way to go. Copies of leases or deeds to property, as mentioned earlier, a letter from her employer, perhaps utility bills, or appointment cards or letters from a doctor or dentist for an upcoming appointment. Her return airline ticket might help.

[Jauque 1]

Hello all,

My situation is that my work is taking me to Holland for the next two years. My fiancee, from Spain, has her interview for the K1 visa on August 5. Since we would be leaving to go live in Holland in early spring, I'm planning on withdrawing the I-129F petition.

Question 1: Is it better to send a letter to USCIS & the consulate she has her interview at describing the situation and requesting a withdrawal or would it be better if she simply doesn't show up to the interview? I'm planning on doing a DCF in a few years if we come back to the States. If a letter is better, should it be notarized?

Question 2: My fiancee would like to come visit me here in the US this August. I've called customs & boarder protection and they said she would need to have evidence of a home in Spain, a bank account and work to demonstrate her intent to leave the US. Can anyone suggest anything else so to help make it easier for her to enter with the visa waiver program?

Thanks & I look forward to any comments or ideas you have!

It seems like your throwing away a whole lot of hassle for no good reason, unless the issue now is that you don't want to be stuck with the "must get married in 90 days".

She will still be allowed to leave the US with her AOS pending (she just may not be allowed to return, which I don't think will be an issue if your establishing yourselves in the Netherlands) and you will spend just as much time, hassle and money in the future if you choose to DCF.

But in answer to your questions:

1) Yes I would make sure to explain and make sure they understand your situation so that in the future when you do file you don't have to worry about this petition looking abandoned or incomplete. I would start with informing the consulate and work my way back from there. Notarizing can't hurt and make sure that you have copies of everything regarding your petition to withdraw in case you need it in the future.

2) If it is prior to her interview date I would recommend bringing the NOA's for the CBP to see, NOA's get you a long way at the border. But baring that everything you have sounds like plenty, you didn't include return ticket which I'm sure is implied. They will want to see a return ticket.