Withdrawing K-1 visa

[bigboss1984 8]

Hey guys,

So I need some advice. My fiancé and I want to withdraw our K1 visa. We're still together and still engaged however we want to delay the wedding indefinitely, until Allison has finished university as she isn't doing so well in school right now. We'll keep up with visits, me visiting the US for a couple of months at a time - how would we go about this? Will us withdrawing the K1 have an impact on the esta I'd use to visit Allison in the future?

We're currently awaiting an NVC case number after our NOA2 has been approved

[Penguin_ie 5,996]

To withdraw, have the petitioner call NVC (assuming that is where your case is right now) and withdraw, and then follow up with a letter stating you want to withdraw with a short explanation as to why, so they know you didn't split up. To be on the safe side, wait a month and then check it really was cancelled.

You can still use the ESTA, but it may be more difficult to get in, especially if you visit often or for long times, as they will be worried you are trying to use ESTA to get around the K1, and just marry and stay in the USA. So when you do visit, be sure to bring ties to home, reasons you will return to the UK.

[bigboss1984 8]

Thanks for this - would letters from my employer, return tickets, maybe some phone bills addressed to me or pay slips be of any use as evidence that I have ties to my home country and will be returning?

[mallafri76 1,012]

Do you own or rent your home? Ownership of a home would be the strongest ties to your home country, as that's hard to just abandon. Employment letter and rental agreement are ties to your home country too, although they're much easier to abandon. Do you have a long history of visiting the US and leaving on time? That helps too.

If you don't mind me suggesting it, you are almost there with the K-1, why don't you complete the k-1, move over and marry at the court house and then once your fiancé is done with school, you can have the big white wedding, if that's what you want?! You as the beneficiary can do all the documents and paperwork so your fiancé don't have to spend time on it. All she has to do is sign them. I did everything for our visa process from start to finish, then my husband just signed the paperwork. That's gonna ease the stress from your fiancé and let her focus on school, while still not being stressed and missing you because you're halfway around the world. Just putting it out there for you.

[bigboss1984 8]

Thanks for this - I'm currently in with my parents so no home ownership. I've visited the USA multiple times each year since 2013 and haven't overstayed so there's that

At this point we just want to do the CR-1 route, there are complications with the K1 that are just easier with the CR-1, for instance being able to work right away on the CR-1

All in all, what do ya think of my situation? Withdrawing a k1 won't impact us that much right?

[Boiler 45,956]

What do you that gives you so much holiday?

[bigboss1984 8]

I contract so I can pretty much pick and choose my own stuff, I'd time it so contract jobs ends when I visit the US

[Boiler 45,956]

So how do you have a letter from an employer/

[bigboss1984 8]

So how do you have a letter from an employer/

It would be from a scheduled job

[yuna628 9,700]

If you're thinking to do a spousal visa in the future... well you're going to have to get married at some point. Now, think about exactly where you want to marry. You are almost through the process with a K1. You do not have to remain in the US once you have married with the K1. The immigrant can certainly return home after the marriage, and later when ready, you can apply for the spousal.

[3rd 84]

If you're thinking to do a spousal visa in the future... well you're going to have to get married at some point. Now, think about exactly where you want to marry. You are almost through the process with a K1. You do not have to remain in the US once you have married with the K1. The immigrant can certainly return home after the marriage, and later when ready, you can apply for the spousal.

I second this approach if you're looking to go CR1. This was you won't get the harsh questions visiting on the VWP if you cancelled the K1, you can go over there marry at the courthouse, then come home and start the CR1 process. If you handle all the paperwork then all she'll have to do is sign it and send it off. This then means you can continue to work in the UK until the CR1 gets approved and you can go over and live with your wife with the ability to work right at POE.

Also, if you are going to do that, I'd suggest getting yourself a SSN after you marry on the K1 so you have it when you enter on a CR1.

[Nich-Nick 3,354]

They don't need a K1 to marry. Silly to go through the the medical, interview, all the costs to finish the K1, only to leave the country and go home for a year's wait and the costs all over again to come back on a CR1. They can marry anytime they want on a VWP trip. And the time and costs to do that K1+CR1 far outweighs a four month wait for a work permit. Heck he doesn't work for two month stretches several times a year. Stay home and work more, Save up if you need cash to hold you over four months.

It sounds like Allison needs/wants to put off all thoughts of visas and marriage at this time. She needs some space, not a plan for a quick courthouse wedding. He said indefinite time. That's not the same as I need focus to study for my finals this semester.

[bigboss1984 8]

Pretty much this, there are a few factors as to why we're putting it off - the biggest one being so she can get through uni without worrying about visas and adjustment of status, also though because she's tied to a lease on a college campus for at least another year - and the big thing for me with the CR-1 over the K1, is that I'm eligible to work right away upon landing and don't have to jump through hoops for advance parole.

We're still young, we just decided if we're gonna do it we may as well take our time and do it right. The initial plan was to have a quick courthouse wedding, but Allison's family is very Catholic, and mine would like to be there too so we figured alright perhaps we owe it to ourselves to make the wedding the best we can, and if that means delaying the visa for a while until university is out the way and we can properly plan everything how we want it, then so be it