Want to change from family based to a K1 Fiance visa.

[dvensel1 5]

Hello good people.

I'm seeking your help once more. Actually, it's for my wife's cousin. Anyway, here we go.

My wife's 1st cousin (who lives in the USA) filed a family based petition 5 years ago for her daughter (age 28 now) . The visa was approved but she was advised that it would be 10 years before a visa would be available. They've waited 5 years so far.

In the mean time, the daughter (the 28 year old) became engaged to a guy in the USA. They would like to pursue a K1 visa now. However, she has the approved "family based" visa in the queu line (waiting for the actual visa). I told them they needed to do something because two visa applications may be viewed as fraud and they could lose it all.

What does she need to do, or should do, to either cancel the "family based" visa or change it to a K1 visa? In other words, can she simply cancel the family visa and then pursue a new K1 visa? If she can cancel the family based visa, what does she have to do in order to accomplish this so it's done legally and properly?

I hope someone out there can help. I've looked all over and have been unable to find an answer for this one.

Thank you all so much!

Doug

[aleful 1,905]

hi

not true, a person can have more than one petition on their behalf at the same time

so no problem because she will come sooner if her fiancé files for her

she doesn't need to do anything, there is no need to cancel the application since there is no harm in having more than one petition at the same time

[Beginning777 6]

That's so very true. A relative of mine, had his father petition for him in 2009, but he got married in 2014 and thereafter, submitted another Case and did nothing about the former case. He is now a Resident. So they can go ahead and put your new application in. No problem!!

[cristina16 81]

Not true! I have an F2B petitioned by my Mom who is an LPR also waiting for a Visa number.

We filed for my fiancée visa last August 8 and no problem getting approved last Sept 2!

[Beginning777 6]

I guess we are all saying the same thing and not realizing it.

There's nothing wrong in having both cases in.....

[aaron2020 11,651]

Hello good people.

I'm seeking your help once more. Actually, it's for my wife's cousin. Anyway, here we go.

My wife's 1st cousin (who lives in the USA) filed a family based petition 5 years ago for her daughter (age 28 now) . The visa was approved but she was advised that it would be 10 years before a visa would be available. They've waited 5 years so far.

In the mean time, the daughter (the 28 year old) became engaged to a guy in the USA. They would like to pursue a K1 visa now. However, she has the approved "family based" visa in the queu line (waiting for the actual visa). I told them they needed to do something because two visa applications may be viewed as fraud and they could lose it all.

What does she need to do, or should do, to either cancel the "family based" visa or change it to a K1 visa? In other words, can she simply cancel the family visa and then pursue a new K1 visa? If she can cancel the family based visa, what does she have to do in order to accomplish this so it's done legally and properly?

I hope someone out there can help. I've looked all over and have been unable to find an answer for this one.

Thank you all so much!

Doug

Hi,

You should not be advising them that having two petitions would be viewed as fraud and they could lose it all. You are completely wrong. There is nothing fraudulent about having two petitions.

It would be stupid to cancel the family petition. There is no reason to do that.

Have the USC fiancé file the K-1.

You need to be careful when giving advice.

[dvensel1 5]

Oddly enough, I read it on this site as well as reading something pertaining to this on the USCIS site that stated it may "constitute visa fraud". However, I don't remember what it was exactly. I don't jump into this stuff lightly. If I had never read it, I would have never asked about it - obviously. This isn't something I conjured up in my sleep.....just so you know.

I appreciate your input however and thank you for your addition to this topic. I've learned much from people like you. I wish I knew where I read this too, so I could post it here in case others have been mislead in some way.

Thanks again!!