Cancel K1 before approval and going with CR1 instead

[poia 0]

Hello again, just starting a new topic for peace of mind. Before starting this I saw multiple answers on a similar topic but they were discordant.
So here it is: we sent our I-129F petition on Jan 25 and already received our NOA1 (via email and sms, waiting for the hardcopy) while I still was in the US. I came back in my country two days ago and discovered something about my school (I'm currently attending my last year of university) that won't allow me to proceed with the K1 and subsequently wait for AOS/AP. I browsed this forum and discovered K1 is not the only way to get married, but you can also do it through esta then come back in my country and apply for CR1 (and that would mean: no problems with school, yay!)
I'm so sorry to have to start this post, and I know, I should have read the guides better before. But what is done is done, and I'm here once again to ask for your help because you are wonderful and helped me so much already! Here's my questions:

- How can I withdrawn my K1 petition? Should I do it (beneficiary) or is better that my fiancè(petitioner) does that? To who we address the letter (our petition is at California Service Center atm)? Do we wait for our NOA1 hardcopy and send a copy of it with the letter? Do we have to give them a reason (Like: we decided to go with i-130 instead)?

- I also read that you can just ignore K1 and just proceed with the wedding instead and then file for i-130 sending them a letter that we don't longer need I-129f. Which one is the best way? (It's February and we would like to get married in August)

- Will that have ripercussion on me (beneficiary)? Will I still have an ESTA (technically mine is valid till July 2017) or do I have to re-apply? Will they see at POE that I withdraw my K1 petition and make it difficult for me to enter the country? If so do I have to bring any documents with me?

- Can I start organizing the wedding right away? How long does it take for them to annul my K1 petition?

Thanks to all of you who will respond. Thanks for all your patience... without you I would be lost!

[poia 0]

anyone?

[Penguin_ie 5,994]

It's the weekend, be patient Generally, no need to bump threads unless it's been more than 36 hours without replies.

First, you DO have another option: keep going with the K1, thus not loosing the money, but just take your time sending back paperwork to delay until you are ready to move. But if you want to go ahead with the spousal visa:

1. Since you are at the petition stage, your fiance should withdraw, explaining that the relationship is fine but you decided on a different route. Send it to whereveer the case is right now, and keep a copy for yourself. You can do that now, give the case number if you have it.

2. You can, but you might as well withdraw the K1 now, it is tidier and USCIS likes simple and tidy. Do reference the withdrawn K1 petition in your cover letter when you send the CR-1 spousal visa petition though.

3. No negative effects and yes, you can still use your same ESTA. You MAY be asked about it when you enter the USA on ESTA, in which case just be honest, but you may not even be asked, considering you are from a low fraud country and have travelled often already without overstaying. To be on the safe side, bring documentation that you are in college over there, and if you have a job, when you are expected back, but do not volunteer this unless asked.

4. They are slow, it will likely take a while for them to delete the K1 in the system, but that doesn't have to stop you organising the wedding.

[poia 0]

Hello, and super thank you for your kind and detailed response. Sorry I was impatient, but this thing is really freaking me out. I had everything planned and wasn't expecting this at all. Also I was really afraid that if I decided to go with the CR1 route, my esta wouldn't have been valid anymore.

- So, for the withdrawal should I (well my fiance actually) just send a notarized letter stating that we are still together but decided to go for the cr1 and a copy (on copy paper) of the noa1? (we just received the hardcopy yesterday). Which way should we send it? Snail mail, email...?

- Should I upload the ESTA stating that I had cancelled a visa (even if we're still at the petition stage and not yet approved)?

- If they asked me any questions, what should I say? "Yes we decided to change route cause I have to go back right after the wedding to finish school"? And bring documentation with me to prove I still have a year left of school, and my ticket to go back.

- Also one more question. i entered the DV lottery in 2013 (me and my fiancè were already dating for 3 years at the time and I just wanted to be with him), but didn't win. Could this be considered an issue when I apply for CR1 (or even if i continue with the K1)?

Thank You again!!