Abandon K1 and file CR1? Help

[Ivan871 13]

Good morning everybody;

i need your advices;

 

i'm the beneficiary of a K1 visa petition;

we got the NOA2 and our petition is at NVC now (i think)

The situation is that i got a really got job offer for the next year in Italy; so i'm considering to abandon (i know that i can't delay 1 year) the K1 and file the CR1 next year, so i can continue working here;

i'm not yet at the embassy phase;

i did not take a decision yet and my questions are:

 

1) How to eventually abandon a k1 petition?

2) Does this will affect my ESTA visits?

3) Does this will affect my CR1 petition?

4) Last option: enter with k1 in USA, get married, but not file AOS and file CR1 later (bad idea?)

 

thanks to everybody in advance

 

[Jenna Ting 27]

46 minutes ago, Ivan871 said:

Good morning everybody;

i need your advices;

 

i'm the beneficiary of a K1 visa petition;

we got the NOA2 and our petition is at NVC now (i think)

The situation is that i got a really got job offer for the next year in Italy; so i'm considering to abandon (i know that i can't delay 1 year) the K1 and file the CR1 next year, so i can continue working here;

i'm not yet at the embassy phase;

i did not take a decision yet and my questions are:

 

1) How to eventually abandon a k1 petition?

2) Does this will affect my ESTA visits?

3) Does this will affect my CR1 petition?

4) Last option: enter with k1 in USA, get married, but not file AOS and file CR1 later (bad idea?)

 

thanks to everybody in advance

 

The K1 will have 4 months expiration from the Noa2 .Isn't  Cr1  for the petitioner to apply for his or her spouse but abroad? 

[debbiedoo 2,339]

you could delay the interview for several months, then you have up to 6 months to move. in theory, you might be able to stretch it out to about a year.

 

CR1 is for MARRIED couples.

 

What is more important, a job that only lasts a year or your fiancee?

[Ivan871 13]

1 hour ago, debbiedoo said:

you could delay the interview for several months, then you have up to 6 months to move. in theory, you might be able to stretch it out to about a year.

 

CR1 is for MARRIED couples.

 

What is more important, a job that only lasts a year or your fiancee?

I was not askin if i should pick fiancee instead of job;

i was just asking if the abandon of a K1 affects other visa requests

 

[geowrian 22,337]

On 9/20/2018 at 5:49 AM, Ivan871 said:

1) How to eventually abandon a k1 petition?

2) Does this will affect my ESTA visits?

3) Does this will affect my CR1 petition?

4) Last option: enter with k1 in USA, get married, but not file AOS and file CR1 later (bad idea?)

1. Send a signed letter to USCIS with the receipt number requesting to withdraw the I-129F petition. If it does get approved before they withdraw it, send another letter to the consulate.
2. Technically no, although practically it's possible. Filing an I-129F means you intend to immigrate shortly. ESTA use requires non-immigrant intent.
   1. You would probably still be fine, but just know that it's not guaranteed.
3. No.
4. This is possible...although why do this? It's using the K-1 as a very expensive tourist visa for 90 days. You already have an ESTA so you can visit pretty hassle-free for 90 days. You can marry on an ESTA....just so long as you intend to leave the US (as you have stated you intend to do).

[Ivan871 13]

1 hour ago, geowrian said:

1. Send a signed letter to USCIS with the receipt number requesting to withdraw the I-129F petition. If it does get approved before they withdraw it, send another letter to the consulate.
2. Technically no, although practically it's possible. Filing an I-129F means you intend to immigrate shortly. ESTA use requires non-immigrant intent.
   1. You would probably still be fine, but just know that it's not guaranteed.
3. No.
4. This is possible...although why do this? It's using the K-1 as a very expensive tourist visa for 90 days. You already have an ESTA so you can visit pretty hassle-free for 90 days. You can marry on an ESTA....just so long as you intend to leave the US (as you have stated you intend to do).

the I-129f is approved but i didn't go to the embassy so i don't have the Visa on my passport;

does the CBP knows that i got a petition approved by the USCIS ?

[geowrian 22,337]

7 minutes ago, Ivan871 said:

the I-129f is approved but i didn't go to the embassy so i don't have the Visa on my passport;

does the CBP knows that i got a petition approved by the USCIS ?

Ah, okay. Then send a letter to the consulate and a copy of the letter to USCIS.

Possibly...I've seen people say the officer knew already and others who asked and were told they can't see anything. Either way, it doesn't matter...just carry ties to return home like you normally should.