What Should I Do? Redraw my K-1 Visa & Start a DCF?

[jadoremode 0]

Okay, first of all, I feel so stupid for not reading over the K1 visa requirements in full. No idea how I missed that it's a one way trip to the US after months of research but I have. Okay, in September, I'm heading to the UK where my fiance lives in school so I will be on a UK student visa, for some reason, we thought we'd be able to fly back to the US get married, go back to the UK to finish out my student visa and his royal Air Force contract. We thought we'd be able to come back to the US and be able to file the AOS as soon as he got there without having to do anything extra...if that makes sense. Basically we thought that the K1 visa would be the easiest route but it looks like we may be wrong.

So, I was wondering, should I just redraw our petition for K1 visa application then in September get married filing for a DCF? I will only be in school until September 2017 and he will finish out his contract in December 2017 thus being able to come to the US right afterwards.

Please help! I'm so embarrassed by this whole situation and furious at myself for wasting $340 dollars.

[Delirium 114]

I would wait until you're both done with your school/military obligations to file for anything. However, you *can* delay the K1 visa process through asking your embassy for extensions or delays in processes, so your 340 dollars might not be lost.

That being said, as far as I know, you can't live in another country while filing for an AOS as it will be considered to be abandoned and your fiance/new husband will not be allowed to enter the country.

So you can either withdraw your petition or you can wait to see how long it'll take to get approved, and once it gets to the interview stage, ask for a delay...which will save you the $340 and save you going through the process again should you get approved.

Hope that helps! Good luck

[B and H 18]

If your fiance can't stay in the US long enough to adjust status then K1 is not a good route for you, yet.

But if you have made plans for a wedding in the US, you can still do that. Your fiance could come on VWP for that, right? I don't think foreign military changes VWP eligibility, but I don't know that for sure.

But if switching to a UK wedding is an option for you, great.

Just keep your domicile requirements in mind from this point on. If you end up filing from abroad, you can save yourself some hassle by becoming familiar with those requirements now.

[KayDeeCee 4,893]

Yes, the USC can withdraw the I-129F petition. If you are both residing in the UK and decide to marry there, then you can file for a spousal visa at that time. London has a USCIS office, so DCF is an option for faster processing.

~ Moved from K-1 Process to What Visa Do I Need - OP deciding on immigration path~

[jadoremode 0]

I'm definitely going to withdraw my application and start planning for a UK wedding i.e. signingpapers then have our ceremony inJamaica end of 2017. Also, domicile requirements I will still meet. Long story short, my legal residency has always been my parents' house (they know and are happy to help) and I actually plan on voting via absentee ballot. One of my questions, regarding the I-864 is as my legal residency will be my parents', would I have to include them in the household numbers plus the income? Also, could my income be considered as disability checks plus savings?

I want to thank all of you guys for answering my question. I feel like a moron for missing that one tiny important detail. I really cannot believe that I did this. Plus I had my sister's fiance who works at immigration help me! Isn't that craziness?!

[Nich-Nick 3,354]

You do not have to count your parents. You and (future) husband only. Yes your disability income can be counted. Your assets have to be 3 times whatever the shortfall in income is. Example: If short of requirement by $5k, then you need $15k in savings.

Also keep in mind, his visa is only good for six months past his medical date, so plan accordingly. You can submit I-130 while resident in UK, then leave for US...Submit August 2017??

Edited April 28, 2016 by Nich-Nick

[jadoremode 0]

That's perfect I would only be short by $2K and I have well over the amount of money required. Thank you so much again! I really needed help.

[jess100 53]

Okay, first of all, I feel so stupid for not reading over the K1 visa requirements in full. No idea how I missed that it's a one way trip to the US after months of research but I have. Okay, in September, I'm heading to the UK where my fiance lives in school so I will be on a UK student visa, for some reason, we thought we'd be able to fly back to the US get married, go back to the UK to finish out my student visa and his royal Air Force contract. We thought we'd be able to come back to the US and be able to file the AOS as soon as he got there without having to do anything extra...if that makes sense. Basically we thought that the K1 visa would be the easiest route but it looks like we may be wrong.

So, I was wondering, should I just redraw our petition for K1 visa application then in September get married filing for a DCF? I will only be in school until September 2017 and he will finish out his contract in December 2017 thus being able to come to the US right afterwards.

Please help! I'm so embarrassed by this whole situation and furious at myself for wasting $340 dollars.

It's not hard to miss something in this complex process! Maybe you are meant to take a different path. If I could do it over I would probably do DCF.