Fiancé visa withdrawn

[gotham10011 1]

Hey everyone,

Our situation changed since I submitted an I-129F and we decided to get married do the AoS (I-130 and I-485).

I called USCIS today to withdraw my previous petition but they said it had been approved and that the case is now at NVC and the representative said there is not much I could do since "your fiancé just won't show up to get his K1 visa at the embassy".

Sounds weird to me, honestly...

I don't want us to have any issue at the interview cause we did not cancel the fiancé petition.

I tried to call NVC but it seems like the lines are busy.

I don't have the NVC case number.

Thanks for your help!

[aussie_jason 195]

You're asking for trouble going that route, why not just get the K1 seeing how it has already been approved and then file the I485 once your fiance(e) is here and you have married?

[Harpa Timsah 13,258]

Just ignore the I-129F.

[Brian&Larissa 73]

Do the I-129F. Do the interview and medical...get that over with. Then get married! You can get married there, or here! You have now satisfied the requirements and then do next steps. Why extend your time line by 8 months, or more. Don't ignore it...take it and run! That is what I would do.

[lost_at_sea 995]

They're already married and filed their AoS.

They can't continue with the I-129f and get the K1 even if they wanted to now.

+1 Harpa.

[gotham10011 1]

When I came to the U.S I had no idea I will end up staying here (it will be really easy to prove).

I understand why it could be an issue, I also see how this is not a problem.

Short story:

I got fired while I was visiting my husband and I had no reasons to go back to France, looking for another job knowing I would leave the country in the next 6 months or so, counting the days and checking uscis.com every morning when I wake up to see if our petition was approved or not. I also thought about saving one round trip to France just to get a visa, the fees associated with the visa and all the stress.

Abandoning the K1 route was cheaper and since I also have a B1/B2 visa I will be able to appeal my case in case my AoS is denied because of that.

We are pretty young (26 and 27) so we don't have much money and did not want to be separated anymore.

[Harpa Timsah 13,258]

Do the I-129F. Do the interview and medical...get that over with. Then get married! You can get married there, or here! You have now satisfied the requirements and then do next steps. Why extend your time line by 8 months, or more. Don't ignore it...take it and run! That is what I would do.

A k-1 visa is ONLY for marriage in the US. You CANNOT get married "here or there."

[Brian&Larissa 73]

A k-1 visa is ONLY for marriage in the US. You CANNOT get married "here or there."

Where in the K-1 visa, does it say:

1. You can only have 1 marriage? You could have marriage ceremony, after being approved for K-1, in fiance's home country and then married again in USA.

2. Where does it say you can only be married in the USA? It has to be legal in the USA.

Yes, I made earlier mistake and mis-read that original poster was already married. However, the scenario I pointed out could exactly work.

My first marriage was in other country...then we had marriage ceremony in USA. We had DCF back in early 2000's. You can definitely do this with I-129F, too. You just get married with marriage license in USA. Again, this is after the K-1 is approved and issued in your passport. YOu are doing nothing illegal.

They're already married and filed their AoS.

They can't continue with the I-129f and get the K1 even if they wanted to now.

+1 Harpa.

OOPS!

[christeen 966]

Where in the K-1 visa, does it say:

1. You can only have 1 marriage? You could have marriage ceremony, after being approved for K-1, in fiance's home country and then married again in USA.

2. Where does it say you can only be married in the USA? It has to be legal in the USA.

Yes, I made earlier mistake and mis-read that original poster was already married. However, the scenario I pointed out could exactly work.

My first marriage was in other country...then we had marriage ceremony in USA. We had DCF back in early 2000's. You can definitely do this with I-129F, too. You just get married with marriage license in USA. Again, this is after the K-1 is approved and issued in your passport. YOu are doing nothing illegal.

OOPS!

Where does it say you cannot be married and where does it say only in the USA? SERIOUSLY... It i

Says so in the rules for the K1!!! To be eligible for a k1 BOTH parties must be eligible to be married and NOT already married! If they get married over "there" they are married and married is married... Which means they are no longer eligible for a k1!! Basic k1 rules there! To OP, ur already married so continue the AOS route... Comgrats

[Harpa Timsah 13,258]

Where in the K-1 visa, does it say:

1. You can only have 1 marriage? You could have marriage ceremony, after being approved for K-1, in fiance's home country and then married again in USA.

2. Where does it say you can only be married in the USA? It has to be legal in the USA.

Yes, I made earlier mistake and mis-read that original poster was already married. However, the scenario I pointed out could exactly work.

My first marriage was in other country...then we had marriage ceremony in USA. We had DCF back in early 2000's. You can definitely do this with I-129F, too. You just get married with marriage license in USA. Again, this is after the K-1 is approved and issued in your passport. YOu are doing nothing illegal.

OOPS!

You don't know what you are talking about, sorry. I really don't like being forced to correct erroneous information. But your information is dangerous and if someone followed it, they would be deported. It absolutely matters when and where you marry on a K-1.

A K-1 REQUIRES that both parties are unmarried when the immigrant enter the US. It is fraud to do anything else. Marrying before using the visa will result in the immigrant being deported. Yes, it has happened. There are a few stories on here. One guy has started a huge campaign to get his wife back. She was deported because they married before entering the US.

DCF is completely different than a K-1. Apples and oranges.

[novedsac 355]

Where in the K-1 visa, does it say:

1. You can only have 1 marriage? You could have marriage ceremony, after being approved for K-1, in fiance's home country and then married again in USA.

2. Where does it say you can only be married in the USA? It has to be legal in the USA.

Yes, I made earlier mistake and mis-read that original poster was already married. However, the scenario I pointed out could exactly work.

My first marriage was in other country...then we had marriage ceremony in USA. We had DCF back in early 2000's. You can definitely do this with I-129F, too. You just get married with marriage license in USA. Again, this is after the K-1 is approved and issued in your passport. YOu are doing nothing illegal.

OOPS!

There's not a single item in this gibberish that is true. The above two posters already covered the very obvious issues with the K1.

Not only that, every application for a marriage license I've seen in this country has, amongst other questions, one asking each party their previous marital status. If you've been married in Country #1, then you MUST answer 'married' to this question - if either party is married, then the marriage license in Country #2 will not be granted. Of course, you could state both parties were 'single', but this would be fraudulent and wrong.

Luckily, these things are reviewed a few times along the path to citizenship, so the there's still the possibility of this fraud being detected and dealt with appropriately.

Edited February 7, 2014 by novedsac

[Trisha89 36]

When I came to the U.S I had no idea I will end up staying here (it will be really easy to prove).

I understand why it could be an issue, I also see how this is not a problem.

Short story:

I got fired while I was visiting my husband and I had no reasons to go back to France, looking for another job knowing I would leave the country in the next 6 months or so, counting the days and checking uscis.com every morning when I wake up to see if our petition was approved or not. I also thought about saving one round trip to France just to get a visa, the fees associated with the visa and all the stress.

Abandoning the K1 route was cheaper and since I also have a B1/B2 visa I will be able to appeal my case in case my AoS is denied because of that.

We are pretty young (26 and 27) so we don't have much money and did not want to be separated anymore.

When were you actually getting your NOA2?? We are still waiting for it and checking the USCIS website for our status everyday 100 times :-( :-( :-( we wait in 5 days already 6 long months....

[dwheels76 5,469]

Where in the K-1 visa, does it say:

1. You can only have 1 marriage? You could have marriage ceremony, after being approved for K-1, in fiance's home country and then married again in USA.

2. Where does it say you can only be married in the USA? It has to be legal in the USA.

Yes, I made earlier mistake and mis-read that original poster was already married. However, the scenario I pointed out could exactly work.

My first marriage was in other country...then we had marriage ceremony in USA. We had DCF back in early 2000's. You can definitely do this with I-129F, too. You just get married with marriage license in USA. Again, this is after the K-1 is approved and issued in your passport. YOu are doing nothing illegal.

Goodness here we go again. Why not go and read up on this thread to see why a ceremony is married filing papers is just what gets you in the books. (funny how people after a ceremony say they just as married as anyone else. Never heard anyone say I feel married now that the papers are filed). Stop with that bad information. Please.

http://www.visajourney.com/forums/topic/479195-can-i-get-married-abroad-ceremony-only-and-then-still-come-on-k1-visa/#entry6805573

[ppihtr123 68]

Where in the K-1 visa, does it say:

1. You can only have 1 marriage? You could have marriage ceremony, after being approved for K-1, in fiance's home country and then married again in USA.

2. Where does it say you can only be married in the USA? It has to be legal in the USA.

Yes, I made earlier mistake and mis-read that original poster was already married. However, the scenario I pointed out could exactly work.

My first marriage was in other country...then we had marriage ceremony in USA. We had DCF back in early 2000's. You can definitely do this with I-129F, too. You just get married with marriage license in USA. Again, this is after the K-1 is approved and issued in your passport. YOu are doing nothing illegal.

OOPS!

It is pretty clear....

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#1

Overview: What Is a K-1 Visa?

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.

I guess you could bring your fiancé here to the US and then leave for some other country and get married within the 90 days BUT then no AOS as your new spouse would not be allowed back in and you would have to start a 130...