Change of mind: Cancel K1 to get CR1 instead

[raynlyd 3]

Dear VJers,

Basically as the title of the topic says. We are currently in the process of applying K1. Fiance holds an Australian passport and has come here many times on visa waiver program.

I applied June 02 and USCIS received June 04, 2012.

After a lot of thinking and a lot of weighing financial pros and cons, we decided to get married here in the US and then to apply for CR1 visa.

One of my reasoning is that getting married before the end of this year could get me a good amount of this year's tax return, which will be super helpful to pay for our wedding. That and also the fact that it's way cheaper, faster and less hassle.

My questions are:

- how do I cancel the K1 that we barely processed on June 4, 2012?

- will this raise any red flags, which potentially makes it harder for both of us to get approved for CR1?

Please help... right now we're really in a pinch because I'm not even sure if this is a good idea....

THank you so much VJers

Edited July 9, 2012 by Kathryn41

[Kazulie 132]

Is she already in th States?

It's immigration fraud to knowingly come to the US to immigrate on a non-immigration visa. So if she's not already in the states, you probably won't get much help from people on here.

Good luck!

Edited June 28, 2012 by Kazulie

[KayDeeCee 4,893]

Dear VJers,

Basically as the title of the topic says. We are currently in the process of applying K1. Fiance holds an Australian passport and has come here many times on visa waiver program.

I applied June 02 and USCIS received June 04, 2012.

After a lot of thinking and a lot of weighing financial pros and cons, we decided to get married here in the US and then to apply for CR1 visa.

One of my reasoning is that getting married before the end of this year could get me a good amount of this year's tax return, which will be super helpful to pay for our wedding. That and also the fact that it's way cheaper, faster and less hassle.

My questions are:

- how do I cancel the K1 that we barely processed on June 4, 2012?

- will this raise any red flags, which potentially makes it harder for both of us to get approved for CR1?

Please help... right now we're really in a pinch because I'm not even sure if this is a good idea....

THank you so much VJers

Send a notarized letter to the service center processing your petition and state that you wish to withdraw your I-129F petition. I do not see why it would make it harder for you to get a CR-1 approved.

Edited July 9, 2012 by Kathryn41

[KayDeeCee 4,893]

Is she already in th States?

It's immigration fraud to knowingly come to the US to immigrate on a non-immigration visa. So if she's not already in the states, you probably won't get much help from people on here.

Good luck!

He did not appear to be asking about her currently being in the US and just dropping the K-1, getting married and applying for AOS. You can legally enter the US to marry, return home and then go through the process of obtaining a spousal visa. It is only fraud if the person enters the US with the intent to marry, adjust status and stay.

[GlobeHopperMama 95]

There should be no impact on the CR1 process if you switch from K1. The petitioner and beneficiary are the same, and lots of people decide not to wait! The most you have to lose is the filing fee from your I-129f.

[Kazulie 132]

He did not appear to be asking about her currently being in the US and just dropping the K-1, getting married and applying for AOS. You can legally enter the US to marry, return home and then go through the process of obtaining a spousal visa. It is only fraud if the person enters the US with the intent to marry, adjust status and stay.

His decision is financially motivated. I assumed she would be coming to marry and staying since flying back and forth to Australia 2 times, canceling an already paid for petition and paying to refile another petition is going to get very costly very quickly. I guess I shouldn't assume though.

[raynlyd 3]

He did not appear to be asking about her currently being in the US and just dropping the K-1, getting married and applying for AOS. You can legally enter the US to marry, return home and then go through the process of obtaining a spousal visa. It is only fraud if the person enters the US with the intent to marry, adjust status and stay.

Correct! She is not in the US, but she will come on a VWP to get married (kindda like destination wedding) and then go back to Sydney to wait out the CR1 visa process.

If need be, I could even fly to Sydney and marry her there just to get the marriage certificate so we could initiate CR1 process.

His decision is financially motivated. I assumed she would be coming to marry and staying since flying back and forth to Australia 2 times, canceling an already paid for petition and paying to refile another petition is going to get very costly very quickly. I guess I shouldn't assume though.

Correct! Basically I've done my math.

Even with staying and flying back and forth to Sydney 2 times, cancelling an already paid petition and paying to refile another petition, my tax return would still put me ahead - although maybe not by much... - but still ahead regardless.

Send a notarized letter to the service center processing your petition and state that you wish to withdraw your I-129F petition. I do not see why it would make it harder for you to get a CR-1 approved.

So what should I do?

Cancel the K1 first, or get married and thereby disqualifying/cancelling the K1 process automatically?

Edited July 9, 2012 by Kathryn41

[Penguin_ie 5,993]

Withdraw the K1 first- it is tidier and will ensure there is no confusion when you send in the CR-1 petition.

[pushbrk 12,824]

Is she already in th States?

It's immigration fraud to knowingly come to the US to immigrate on a non-immigration visa. So if she's not already in the states, you probably won't get much help from people on here.

Good luck!

You have it all wrong. She's visiting. They will marry and start a CR1 visa process. She did not and will not "immigrate" at this time.

Just go ahead and marry. When you file the I-130 petition, add a separate letter (no need to notarize) indicating you "hereby withdraw" your I-129F petition. Include the case number, and both full names and dates of birth. No explanation is needed but if you want to add, "We decided to marry and take the spouse visa route instead." that's OK. Then, make sure she doesn't overstay her visa.

Sometimes, when petitions are filed while the foreigner is present in the USA, they get routed incorrectly once approved. If it's a short visit, it might be wise to wait until she leaves to file. That way you'll indicate where asked that she is not currently present in the USA. Otherwise, be certain to indicate N/A for the city she'll adjust status and indicate Sydney AUSTRALIA for the Consulate where she'll interview for an immigrant visa.

[BBCC 16]

My questions are:

- how do I cancel the K1 that we barely processed on June 4, 2012?

- will this raise any red flags, which potentially makes it harder for both of us to get approved for CR1?

We did the same last summer. We applied for the K-1 via I-129F in July. Then both married and filed for CR-1/I-130 in September. We didn't have to cancel our original I-129F. In fact, after they approved our I-130, we even received a request for document or two from the USCIS on our original I-129F until we sent a letter in requesting cancellation of the I-129F petition. (left hand doesn't know what the right hand is doing over there. Ha!).

No big deal. Happens every day.

Another thing we did was start the CR-1 paperwork before leaving the US. Also no big deal... just make sure you use your non-US adddress everywhere. They really don't care where you physically mail the forms from. That way, they got our forms a little faster using the domestic mail service.

Good luck!

Edited July 9, 2012 by Kathryn41

[KLS2010 30]

Can't speak as to how to cancel the fiance petition, as I haven't had to do that.

As far as getting married while on the VWP and then filing the I-130 - no problem there.... that is exactly what we did. I actually stayed for close to the 90-day VWP allowance, and hand no problems with the process.

If I'm reading correctly, your fiancee - she is the Australian citizen right? Is she intending to change her name after marriage? It may not be a consideration for you, but just wanted to mention that if you get married in the US, and she then wants to change her name in her passport - the Australian Passport office will not accept an overseas marriage certificate as proof of name change. She will have to go to BDM (Births, Deaths and Marriages) and formally change her name in order to be able to change her passport. I found that out the hard way after I got married in the US.

Good luck

[raynlyd 3]

If I'm reading correctly, your fiancee - she is the Australian citizen right? Is she intending to change her name after marriage? It may not be a consideration for you, but just wanted to mention that if you get married in the US, and she then wants to change her name in her passport - the Australian Passport office will not accept an overseas marriage certificate as proof of name change. She will have to go to BDM (Births, Deaths and Marriages) and formally change her name in order to be able to change her passport. I found that out the hard way after I got married in the US.

Thank you for the valuable information! Yes she is the Australian citizen. I am not sure whether she wants to change her name or not. It's not that big of a deal for me, but I'll let her know of this anyhow.

Also KLS, during the CR1 process, did you come to the US to visit your spouse? If yes, did the immigration officer give you a hard time at entry?

Once again, thank you for your replies, friends.

So far I have:

1 response for withdrawing/cancelling K1 first then reapply.

1 response for just get married and file the I130, but indicate that we're withdrawing/cancelling the K1, and

1 response for just get married and file the I130 and forget about the I129F because the "left hand doesn't know what the right hand is doing"

Any other suggestions on whether I cancel the K1 first, or get married and thereby disqualifying/cancelling the K1 process automatically?

Edited July 9, 2012 by Kathryn41

[pushbrk 12,824]

Thank you for the valuable information! Yes she is the Australian citizen. I am not sure whether she wants to change her name or not. It's not that big of a deal for me, but I'll let her know of this anyhow.

Also KLS, during the CR1 process, did you come to the US to visit your spouse? If yes, did the immigration officer give you a hard time at entry?

Once again, thank you for your replies, friends.

So far I have:

1 response for withdrawing/cancelling K1 first then reapply.

1 response for just get married and file the I130, but indicate that we're withdrawing/cancelling the K1, and

1 response for just get married and file the I130 and forget about the I129F because the "left hand doesn't know what the right hand is doing"

Any other suggestions on whether I cancel the K1 first, or get married and thereby disqualifying/cancelling the K1 process automatically?

What does your common sense tell you?

Edited July 9, 2012 by Kathryn41

[raynlyd 3]

What does your common sense tell you?

Well I'm leaning toward number 2... that's just me. I was just wondering if anyone else has other opinions.

Anyway, I asked an immigration lawyer if she could come here on VW while CR1 is in process, and this is what she says:

The easiest way would be to stay here and adjust as an immediate relative.

If she is going back and forth on a visa waiver, there may be an intent issue if she is coming just to get married so she must show an abundance of temporary intent at the border.

The K visa would be unnecessary in that case because she will be processing abroad.

Good luck.

I'm confused now...

[raynlyd 3]

Also, about coming here on VWP while CR1 on process.

Could we use my fiance's substantial travel history to US as proof of ties to Australia (about 3 times on avg the past 3 years, and without overstay)?