Not going to use approved K-1 Visa

[smarie 0]

Hello,

In December, my fiance was approved for a K-1 visa. We applied for this while I was in the US (In January 2013) and he was in Kenya. Currently I am in Kenya working, and will return to the US for the month of May, and then it is looking quite likely that I will return to Kenya for more work. Given the short period of time I will be in the US, and that we won't be staying there, plus unforeseen circumstances that make this not the best time for him to come there with me, we have decided to NOT use the K-1 visa--as I understand, it is not allowed to use a K-1 visa for just visiting, and only one month in the US is not enough time for us to get married.

My question is: What should I do now? He is still my fiance and later on we WILL want to get married and for him to come to the US, but I am not sure when I will be living in the US next, as it looks like the foreseeable future will be spent living outside of the US with my fiance.

--Do I notify the Nairobi Embassy AND USCIS? How should I do this? Is there any specific form to fill?

--Is there any way to retain the approval of the visa but just for a later time to use it? Right now it expires May 29, and I understand that once it expires you have to apply again, but I want to just ask that question anyway.

--If we need to/when we DO apply for K-1 again, is there any chance that the process will be quicker because he was already approved for the K-1 visa but didn't end up using it during the time it was valid?

and finally,

--Does this look negative in the eyes of immigration if we apply, were approved, ending up not using it, and then apply again at a later date? I would think not because we are being honest with the system, but just want to hear some thoughts.

Thank you,

S

[feli114 65]

k1 visa is only good for 6 months. if youre not going to use it, then i would notify USCIS. with the k1, you can only get married in the USA.

[baron555 934]

Cancel the K-1....get married while you are there and file for DCF or the CR-1 visa.

The K-1 assumes permanent residence in the US...which is sounds now like you are not intending to do.

[Dusty&Mono 6]

Why don't you just move together and have a happy family wherever you are? The time USCIS, NVC and the embassy wasted on your case could have been used to help other happy couples...

[Kolewenoik31 57]

Cancel the K-1....get married while you are there and file for DCF or the CR-1 visa.

The K-1 assumes permanent residence in the US...which is sounds now like you are not intending to do.

Correction the is no DCF filing for Kenya any longer so they would have to cancel current petition, refile it later, and or get married and file CR-1.

[Kolewenoik31 57]

Why don't you just move together and have a happy family wherever you are? The time USCIS, NVC and the embassy wasted on your case could have been used to help other happy couples...

Please let's be sensitive to other people and their circumstances. Everyday life changes from person to person. I am sure that the OP never intended to waste anyone's time, not only that but their money was also involved and will be lost if they cancel it.