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violetandrichard

Cancelling K1 and applying for spouse later

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Filed: Country: New Zealand
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My fiance and I are considering cancelling my K1 visa (likely after NOA2 but before the interview, which we predict will be ina month or so - enough time to see if I make significant improvement or not) as I am having some health difficulties that we feel are best dealt with in my home country (NZ). These are not the sort of health problems that would cause me to be denied, but still we would prefer to be treated in my home system if the problems are likely to persist after I leave Japan. He would move to NZ for a year or 2 at this stage, then we would look at doing a direct consular file for a spouse visa and move to the US together. Imcidentally, I currently live in Japan and we are filing through Tokyo, so this would involve us both moving. We have a couple of questions.

Firstly, if we were to cancel so we could marry in my country, would this likely cause us difficulty in getting a spouse visa at a later date?

Secondly, if we chose to do this, we would want to visit the US a couple of times to see family etc. Is there likely going to be an issue at POE on the VWP if I have a previously cancelled fiance visa (to the man who would be my husband by then). I could provide ties etc to New Zealand?

Third, would any of this change if we had the visa and decided not to use it (including submitting any paperwork as necessary). Because there is a chance my medical condition could improve, we would rather wait until the last moment to decide coountries.

Thanks everyone :)

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