Canceling K-1, Getting Married in US, then Moving Abroad?

[D + S 6]

Hi! In an interesting turn of events I recently lined up a job in Brazil, so my fiance and I no longer need the K-1 visa we applied for. The application is currently at the consulate, but we haven't scheduled the interview yet. Anyways, we've decided that it's better for us for me to take the job in Brazil, but we still plan on getting married in the USA (he has a tourist visa). However, there's no more immigration intent. Instead, after the wedding, we would fly back to Brazil together and begin our lives there.

How do we go about canceling the K-1 application? Will my fiance run into issues with immigration when he tries to enter the country on a tourist visa with a canceled K-1 application? Our original petition mentioned the month we were planning on getting married, so that might be in the system and thus, could raise a red flag when he tries to enter the US that same month.

My fiance can bring evidence of personal and professional ties to Brazil for himself (ex: evidence of job, status as student, lease, return ticket itinerary, etc.) and can also bring evidence for my ties to Brazil (ex: offer letter, resignation from current job, airline itinerary to Brazil (one-way), canceled lease in the USA, etc.). He can also bring our letters canceling the K-1 application and we can add my name to the lease. Is that sufficient to show that there is no longer immigrant intent? Should he bring any other documentation? We just don't want to run into any problems with immigration preventing him from getting to the wedding!

[D + S 6]

Bump. Any insight?

[Anh map 2,098]

It's in the system. Offer letters don't mean much. All you can do is tell the truth. It's up to the CBP officer at the POE.

Why not go to the interview and get the visa? Then there are no worries.

[D + S 6]

It's in the system. Offer letters don't mean much. All you can do is tell the truth. It's up to the CBP officer at the POE.

Why not go to the interview and get the visa? Then there are no worries.

Thanks for the advise! One thought I have with regards to getting the K-1 would be that we no longer have any intentions of staying in the US. Once he has the K-1 his tourist visa will be cancelled, and then he would have to get another one to visit my family in the US later on. Would this be difficult as the spouse of a USC? Any future trips would be made together and we'd return to Brazil together.

[Anh map 2,098]

You won't be able to "unshow" the K1 petition. It is in the USCIS system. It can always be a factor no matter what path you choose. For certainty that he can get in for the wedding the K1 is the ticket. How much of a risk is it to withdraw? I'm not sure anyone can know.

The truth is always the best story, because it never changes under scrutiny. Your circumstances sound reasonable. Life happens.

[D + S 6]

You won't be able to "unshow" the K1 petition. It is in the USCIS system. It can always be a factor no matter what path you choose. For certainty that he can get in for the wedding the K1 is the ticket. How much of a risk is it to withdraw? I'm not sure anyone can know.

The truth is always the best story, because it never changes under scrutiny. Your circumstances sound reasonable. Life happens.

Thanks! Yes, we definitely only plan on telling the truth. I'll talk to him about continuing with the K1. There of course is always the risk of the K1 being denied...which in that case, we'd be screwed (although, we don't have any red flags, so I think the chances of having the K1 denied are pretty slim).

[D + S 6]

I wanted to go ahead and give an update on my situation in case anyone else finds themselves in a similar position in the future and is looking for answers. We ended up canceling our K-1 application and my fiance had no issues arriving in the US post-withdrawal. He wasn't questioned about the application or the withdrawal or our marriage plans. So, in the end, we were able to maintain his tourist visa, get married in the US and will return to Brazil together with no problems. Of course, you never know what questions you'll be asked at POE, so our experience might not be typical, but hopefully it provides some insight to anyone in a similar situation. Also, he arrived in the US with a ton of documents proving both his intention to return to Brazil and my intention to move to Brazil.