cancelling k-1, then applying cr-1

[rkk1 34]

Hello. I applied for the K-1 visa for my fiance 3 weeks ago, and already received the NOA1. However, we are now thinking to cancel the K-1, as we are planning on getting married in his country (India) in November. Although we hate to start the process over, it is really important to him for his family to be at his wedding. We were initially thinking that we would get married in the US after he arrives on K-1, and then later on we could go back to India to have a traditional marriage there. But I see that this won't work for me, as there is no way for me to go to India at all next year (not until Dec 2012) as I am a medical student and don't have any vacations at all next year until December.

So now we are thinking the only way to make things work would be for me to come during my vacation this November, and have us just get married there. Although it would be nice to have an unofficial marriage while keeping the K-1 application alive, we can't do that as we aren't willing to lie under oath if they ask him during the K-1 visa interview about his marriage status. Although we plan on canceling the K-1 visa, we will keep it alive as long as possible, just to make sure the wedding in India goes through first (as it would be terrible to cancel the K-1 now only to find out some issue with marriage in India and then have to re-start the K-1 again in 3 months). So we will keep the K-1 until we are 100% sure of the marriage going through in India (i.e. being registered). Then we'll go for the marriage visa instead. The idea of spending another 3-5 months apart is painful, but I don't know what else to do.

My question is... how do we go about dropping the K-1 visa and applying for CR-1 in November? Do we need to first send a letter to the CSC canceling the K-1, or could we just include the K-1 cancellation letter in our CR-1 application? I tried to call the USCIS number listed on the NOA1 to answer these questions, but it's completely automated as there is no human being to pick up the phone. So I'd appreciate any advice from anyone who has changed their visa application mid-process. Thanks!!

Edited September 19, 2011 by rkk1

[Egypt's Heart 6]

Hello. I applied for the K-1 visa for my fiance 3 weeks ago, and already received the NOA1. However, we are now thinking to cancel the K-1, as we are planning on getting married in his country (India) in November. Although we hate to start the process over, it is really important to him for his family to be at his wedding. We were initially thinking that we would get married in the US after he arrives on K-1, and then later on we could go back to India to have a traditional marriage there. But I see that this won't work for me, as there is no way for me to go to India at all next year (not until Dec 2012) as I am a medical student and don't have any vacations at all next year until December.

So now we are thinking the only way to make things work would be for me to come during my vacation this November, and have us just get married there. Although it would be nice to have an unofficial marriage while keeping the K-1 application alive, we can't do that as we aren't willing to lie under oath if they ask him during the K-1 visa interview about his marriage status. Although we plan on canceling the K-1 visa, we will keep it alive as long as possible, just to make sure the wedding in India goes through first (as it would be terrible to cancel the K-1 now only to find out some issue with marriage in India and then have to re-start the K-1 again in 3 months). So we will keep the K-1 until we are 100% sure of the marriage going through in India (i.e. being registered). Then we'll go for the marriage visa instead. The idea of spending another 3-5 months apart is painful, but I don't know what else to do.

My question is... how do we go about dropping the K-1 visa and applying for CR-1 in November? Do we need to first send a letter to the CSC canceling the K-1, or could we just include the K-1 cancellation letter in our CR-1 application? I tried to call the USCIS number listed on the NOA1 to answer these questions, but it's completely automated as there is no human being to pick up the phone. So I'd appreciate any advice from anyone who has changed their visa application mid-process. Thanks!!

You need to withdraw your K1 petition first, and wait for them to respond saying it has been withdrew by the petitioner.

Send it to where your K1 is being processed. It should not take long, mine took a month to receive the confirmation of the petition being withdrew by my request.

Best wishes on your journey.

[rkk1 34]

You need to withdraw your K1 petition first, and wait for them to respond saying it has been withdrew by the petitioner.

Send it to where your K1 is being processed. It should not take long, mine took a month to receive the confirmation of the petition being withdrew by my request.

Best wishes on your journey.

Thanks for responding! I can withdraw the K1 petition, but I am torn here. If I withdraw now, and then for some unforseen reason we are not able to do the wedding in India or get the marriage registered, then I'd be REALLY unhappy about withdrawing, as I'd have to file the K1 all over again... meaning that I'd have to not only REPAY the $340 a second time, but also would be set back 3 months in the process of creating a life with my fiance.

Thus, I'd only want to withdraw the K1 after we have the wedding in India and get our marriage license. However, if I can't submit the CR1 application until a month later (after I get approval for the K1 withdrawal approval), than that itself would just delay the process needlessly. Can I not just submit the K1 withdrawal letter to the CSC after returning back from my trip abroad, and then file the CR1 visa application to the USCIS a couple of days later after I finish putting it together? (I will also attempt to submit the CR1 application via DCF while in India if they accept it, but most likely they won't accept it there and I'll have to apply for it within the US.) I don't understand why I can't submit the CR1 application within a short time of withdrawing the K1 application, but I wish I had the definitive answers to how this works. Thanks again for your time... much appreciated.

Edited September 19, 2011 by rkk1

[Done--Really 331]

You don't qualify for DCF unless yo have lived in India for six months, and it doesn't sound like you have, so don't waste your time.

Call USICS and ask the specific question--can you file the CR-1 before you get confirmation that the K-1 has been canceled--simple question--simple answer...do it TOMORROW so you know exactly what your options are, and if you really can't get through (I spoke to them a couple of times early in the process--listen to the options very carefully), then schedule an InfoPass meeting immediately. And then let us know the answer. The help number as well as scheduling an InfoPass meeting are at the following link.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ddce0b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=ddce0b89284a3210VgnVCM100000b92ca60aRCRD

[Palladin 18]

Hello. I applied for the K-1 visa for my fiance 3 weeks ago, and already received the NOA1. However, we are now thinking to cancel the K-1, as we are planning on getting married in his country (India) in November. Although we hate to start the process over, it is really important to him for his family to be at his wedding. We were initially thinking that we would get married in the US after he arrives on K-1, and then later on we could go back to India to have a traditional marriage there. But I see that this won't work for me, as there is no way for me to go to India at all next year (not until Dec 2012) as I am a medical student and don't have any vacations at all next year until December.

So now we are thinking the only way to make things work would be for me to come during my vacation this November, and have us just get married there. Although it would be nice to have an unofficial marriage while keeping the K-1 application alive, we can't do that as we aren't willing to lie under oath if they ask him during the K-1 visa interview about his marriage status. Although we plan on canceling the K-1 visa, we will keep it alive as long as possible, just to make sure the wedding in India goes through first (as it would be terrible to cancel the K-1 now only to find out some issue with marriage in India and then have to re-start the K-1 again in 3 months). So we will keep the K-1 until we are 100% sure of the marriage going through in India (i.e. being registered). Then we'll go for the marriage visa instead. The idea of spending another 3-5 months apart is painful, but I don't know what else to do.

My question is... how do we go about dropping the K-1 visa and applying for CR-1 in November? Do we need to first send a letter to the CSC canceling the K-1, or could we just include the K-1 cancellation letter in our CR-1 application? I tried to call the USCIS number listed on the NOA1 to answer these questions, but it's completely automated as there is no human being to pick up the phone. So I'd appreciate any advice from anyone who has changed their visa application mid-process. Thanks!!

It's not as complicated as you thought. I've been there done that. Filed K-1. Then decided to get married. Come back to file I-130 and include a letter to cancel the K-1. Not sure that's enough I followed up with a separate letter requesting the K-1 be withdrawn. The response was prompt. Took only one day. Now my CR1 case is in NVC near case completion soon.