Abandoned K-1 In Pursuit of I-130

[Matt.M 4]

Hi everyone. It's been awhile since I've been on the forums but let me explain my wife and I's situation. August of 2011 we sent in a I-129F for a K-1 visa for my then fiancé now wife. The I-129F petition was approved in January 2012. We ended up abandoning the petion. (We never pursued anything, never sent in a formal letter saying we're abandoning it) due to family matters. My wife is Canadian so it's relatively easy to see each other and I have been living in Canada since March of 2012 on a visitor record. We also got married In the states March of 2012. Since then I've been crossing back and forth for work and she comes to visit my family every week. To make things easier and for us to be in one place permenantly we filed a I-130 petition for her beginning of this month. It has been sent to the NBC for processing. In the package we sent a cover letter stating we abandoned the approved I-129F and since then have gotten married and have had a child(who has dual nationality thanks to being born in Canada and getting a CRBA). I also attached a copy of our NOA2 showing that the I-129F petition was approved. Are we going to run into any problems because of this?

[speedwell 224]

Hi everyone. It's been awhile since I've been on the forums but let me explain my wife and I's situation. August of 2011 we sent in a I-129F for a K-1 visa for my then fiancé now wife. The I-129F petition was approved in January 2012. We ended up abandoning the petion. (We never pursued anything, never sent in a formal letter saying we're abandoning it) due to family matters. My wife is Canadian so it's relatively easy to see each other and I have been living in Canada since March of 2012 on a visitor record. We also got married In the states March of 2012. Since then I've been crossing back and forth for work and she comes to visit my family every week. To make things easier and for us to be in one place permenantly we filed a I-130 petition for her beginning of this month. It has been sent to the NBC for processing. In the package we sent a cover letter stating we abandoned the approved I-129F and since then have gotten married and have had a child(who has dual nationality thanks to being born in Canada and getting a CRBA). I also attached a copy of our NOA2 showing that the I-129F petition was approved. Are we going to run into any problems because of this?

Probably not. Petitions are just considered abandoned if you have not contacted anyone (phone, e-mail, snail mail) about them in a year. It's not like the initial petition was denied. You're just starting back up. Even if the initial petition had been denied, people in that situation are frequently counseled to just reapply with new information.

Edited April 17, 2013 by speedwell

[pushbrk 12,883]

Probably not. Petitions are just considered abandoned if you have not contacted anyone (phone, e-mail, snail mail) about them in a year. It's not like the initial petition was denied. You're just starting back up. Even if the initial petition had been denied, people in that situation are frequently counseled to just reapply with new information.

No worries.