Cancelled Petition, Changed Mind

[DKOliver 0]

Hello,

I had all the paperwork submitted after the K1 Visa, we got married, she got her work authorization but we had some serious problems so I decided to cancel after gruelling months of trying to work things out. I wrote a letter to revoke the K1 because that's how USCIS told me to cancel and I told them we would be getting divorced. I got a letter back stating that the petition is cancelled per my request and because of the anticipated divorce she is likely to become a public charge. 

 

My wife is asking if we can try again, even after I did all that. She has shown a real willingness to change and I sense a very different attitude in her. If we wanted to try again would I have to try to "re-open" the petition or submit a new one? would it still even be possible with her technically being here illegally? Thanks in advance for any replies. 

[TBoneTX 45,309]

Thread is moved from the K-1 Process forum to the "AOS from K Visas" main forum -- OP is at that stage.

[Roel 7,192]

10 hours ago, DKOliver said:

Hello,

I had all the paperwork submitted after the K1 Visa, we got married, she got her work authorization but we had some serious problems so I decided to cancel after gruelling months of trying to work things out. I wrote a letter to revoke the K1 because that's how USCIS told me to cancel and I told them we would be getting divorced. I got a letter back stating that the petition is cancelled per my request and because of the anticipated divorce she is likely to become a public charge. 

 

My wife is asking if we can try again, even after I did all that. She has shown a real willingness to change and I sense a very different attitude in her. If we wanted to try again would I have to try to "re-open" the petition or submit a new one? would it still even be possible with her technically being here illegally? Thanks in advance for any replies. 

 

You have to file AOS (that's what you canceled, not K1) from the start.

 

Be prepare for some extra questioning - why you canceled in the first place, why you want to get back together, and most importantly how can you be sure your wife doesn't just want to file AOS because its her ONLY WAY to being a legal resident? Just saying. She cannot ever get a green card without your help.

[Randyandyuni 2,682]

Not to be a downer but .....

 

I would investigate what caused her change of heart. If it was so bad you cancelled AOS and considered divorce did she merely realize she had no path to a green card without you?  I would tread lightly, think it through and act with my head not my heart. Protect yourself, once she obtains her green card it's out of your hands, personally, I would be concerned her attitude might revert once she no longer needs you.

[Teemo 252]

17 hours ago, DKOliver said:

My wife is asking if we can try again, even after I did all that. She has shown a real willingness to change and I sense a very different attitude in her. If we wanted to try again would I have to try to "re-open" the petition or submit a new one? would it still even be possible with her technically being here illegally? Thanks in advance for any replies. 

Don't mean to sound insulting but you should be wary of a change in attitude as soon as the residency opportunity she depends on you for has been taken away. That sounds like conditional love to me.  At the very least you should give it some time - but yes if you decide to go through with it you can adjust her status in the US with the same docs you originally filed (I-485, etc)

[Nitas_man 3,100]

23 hours ago, DKOliver said:

Hello,

I had all the paperwork submitted after the K1 Visa, we got married, she got her work authorization but we had some serious problems so I decided to cancel after gruelling months of trying to work things out. I wrote a letter to revoke the K1 because that's how USCIS told me to cancel and I told them we would be getting divorced. I got a letter back stating that the petition is cancelled per my request and because of the anticipated divorce she is likely to become a public charge. 

 

My wife is asking if we can try again, even after I did all that. She has shown a real willingness to change and I sense a very different attitude in her. If we wanted to try again would I have to try to "re-open" the petition or submit a new one? would it still even be possible with her technically being here illegally? Thanks in advance for any replies. 

You revoked the status adjustment, not the K1.  I bet her attitude did change.  It's pretty sobering when you realize that you absolutely cannot adjust status without your spouse when you are a K1 visa holder. 

 

I think a willingness to change during the grueling months of trying to work things out would have been more reflective on the validity of her feelings and of your marriage than a willingness to change on the realization that she is losing her chance at PR status. 

 

I would stop, take a breath, and consider her actions and feelings and attitude towards you while the immigration papers were in process, not after you cancelled, before I re-file.  Only you know.  I'd go with gut feelings on this.  I think I know what they're telling you that you should do.

Edited June 12, 2018 by Nitas_man

[DKOliver 0]

On 6/11/2018 at 8:25 PM, Nitas_man said:

You revoked the status adjustment, not the K1.  I bet her attitude did change.  It's pretty sobering when you realize that you absolutely cannot adjust status without your spouse when you are a K1 visa holder. 

 

I think a willingness to change during the grueling months of trying to work things out would have been more reflective on the validity of her feelings and of your marriage than a willingness to change on the realization that she is losing her chance at PR status. 

 

I would stop, take a breath, and consider her actions and feelings and attitude towards you while the immigration papers were in process, not after you cancelled, before I re-file.  Only you know.  I'd go with gut feelings on this.  I think I know what they're telling you that you should do.

Thank you Nitas_man. She was expressing a change of attitude before I ever told her about revoking the AOS or getting divorced. In fact I told her I would still help her get her AOS done even if we weren't going to stay together. That was not actually my plan but I was still not trusting of her at the time and was trying to keep her calm. Even while she thought I would help her with the AOS regardless of our relationship, after some time she told me that she really just wanted to be with me and if she couldn't she just wanted to go home, I don't see that as a good strategy to use me for her AOS. She has always been on the fence about staying here or leaving whenever she really thought our relationship was over and she has never pushed me to get her AOS done.

 

Also, I know my goal was to revoke the AOS and not the K1 but USCIS told me to revoke the K1. They said revoking the K1 would also revoke the status so that's what I did (or at least requested). And yeah it doesn't make sense to me either, I actually called them four times because the first three times I got three different stories on how to revoke the AOS, one of which was to revoke the K1. On the fourth call they said again to revoke the K1 and since that was the advice I got from them twice I went with it. I don't even know if the K1 was actually revoked I'd have to go back and read the letter.

 

 

[DKOliver 0]

Thank you every one for the replies, I really appreciate all the info and advice.

 

She has had doubts herself about staying here and trying to work things out, she has also had her worries that I will back out of the marriage again as well. She has had times where she was done and just wanted the divorce and to go back to the Philippines, but in the end she really doesn't want to end our marriage. I have never gotten the sense that she just wanted to be with me for citizenship, our marital problems were never in that area. We have extensively discussed our problems and after having a time of separation to cool off, we have been able to discuss the issues we had, come to a better understanding of each other, and we both now know how to avoid the same problems in the future.