Abandoned K1 Concequences

[forevercurious 3]

Hi, I had an account on this forum before but I can't access the email it's linked to, so I've remade- hope this is ok.

 

Recently I abandoned the K-1 Visa, I don't wish to disclose why but we still want to be together and get married, we really do.

 

But what if we want to move back to my home country to marry, are we able to? Especially if we've abandoned a Visa before? Does it look bad/suspicious? The process itself was fine and went smoothly. We did everything by the book. No hiccups as far as actually getting the K1 and going through all the steps. Does anyone know someone I can contact about this sort of thing?

 

Also, most importantly, we still want the opportunity to go back to the US if need be (BOTH of us), whether it's to live there/visit (as a married couple). So let's just say I have them on a fiance visa of some kind (I am from australia, so perhaps a subclass 300? Correct me if I'm wrong. I also saw online someone mentioning a 'i130' but that almost doesn't make sense to me) and we want the opportunity to move over in the near future (after 8 months-2 years say of being in Aus/being married. It really depends). So what if we married in my country but decided to move back to the US after all? I did every single thing by the book and it went great, but does it look suspicious?

 

I take it we can't file for the K1 Visa again and I can't get married over there at this point on any Visa (correct me if I'm wrong though), so while it is tempting to ask about that too I think I know it's out of the question.

 

I know this sounds all a bit strange but any advice/messages are appreciated. Thanx everybody.

Edited January 20, 2019 by forevercurious

[forevercurious 3]

Also one more question, in times like these is it smart to have an immigration lawyer or just a waste of money?

[Ryan H 3,812]

Moved from K1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.

[aaron2020 11,651]

What do you mean by abandoned the K-1 visa?  Was one issued?  Did you use it?  Did you come to the US and overstay the 90 days?  At what point did you abandoned the process?

 

No idea what a subclass 300 is.  Once married, your spouse would need to file an I-130 to start the spousal visa process for you.  It will take about a year.  

[forevercurious 3]

7 minutes ago, aaron2020 said:

What do you mean by abandoned the K-1 visa?  Was one issued?  Did you use it?  Did you come to the US and overstay the 90 days?  At what point did you abandoned the process?

 

No idea what a subclass 300 is.  Once married, your spouse would need to file an I-130 to start the spousal visa process for you.  It will take about a year.  

Yes, one was issued. I used it (so I went to the US), and left the US before it expired. I didn't overstay the 90 days.

 

I'm a little confused sorry. We're not married yet (we didn't marry on the K1, we're still engaged), so if we were to marry in Australia how would we do that? (or even America if we could in about a year? roughly, to give you an idea. I'm still curious if it's a possibility for me). Would they be doing this for me or would I, the Australian citizen be filing for them? I just read the requirements for a i-130 and I'm not sure if they apply to my situation. Sorry, I'm a bit lost. But I appreciate this.

 

i'm probably repeating myself, but I'm a bit scared because I just read that with the Subclass 300 (if that's the right thing to use) they're not okay with people who've had cancelled Visa's in the past. I abandoned mine, so it was obviously not refused. Will this be an issue?

Edited January 20, 2019 by forevercurious

[Boiler 45,531]

So you want to move to the SU, you have the same options as before, K1 or CR1.

[aaron2020 11,651]

7 minutes ago, forevercurious said:

Yes, one was issued. I used it (so I went to the US), and left the US before it expired. I didn't overstay the 90 days.

 

I'm a little confused, sorry. We're not married, so if we were to marry in Australia how would we do that? (or even America if we could in about a year? roughly, to give you an idea). Would they be doing this for me or would I, the Australian citizen be doing this for them? Sorry, I'm a bit lost. Thanks for being patient!

 

i'm probably repeating myself, but I'm a bit scared because I just read that with the Subclass 300 (if that's the right thing to use) they're not okay with people who've had cancelled Visa's in the past. I abandoned mine, so it was obviously not refused. Will this be an issue?

No one is going to do anything for you.  You need to figure out how to marry in Australia.  That's on you.  

 

If you want your partner to immigrate to Australia, then you need to get help from an AU lawyer or someone who knows Australian immigration laws.

The US does not care that you didn't marry and went home.  It has zero impact on future petitions.  

 

Once again, never heard of a Subclass 300.  This is a forum for US immigration; not a forum for AU immigration. 

To immigrate to the US as the spouse of a US citizen, the US citizen would file an I-130.

Edited January 20, 2019 by aaron2020

[forevercurious 3]

11 minutes ago, aaron2020 said:

No one is going to do anything for you.  You need to figure out how to marry in Australia.  That's on you.  

 

If you want your partner to immigrate to Australia, then you need to get help from an AU lawyer or someone who knows Australian immigration laws.

The US does not care that you didn't marry and went home.  It has zero impact on future petitions.  

 

Once again, never heard of a Subclass 300.  To immigrate to the US as the spouse of a US citizen, the US citizen would file an I-130.

Sorry, I meant whether it's me who files or my partner, but it's me as I live there I take it. I apologize, I'm tired and probably not phrasing things too well.

 

Okay, thanks for the clarification. I just worry because I'm reading about the i-130 and I'm lost. So my partner, the American citizen, would be filing one, so is that something we do *after* getting married in Australia (it must be as having a marriage certificate is part of the requirements)? And if so what is the first step before that to get them here? And even though there's probably no hope for me having another K1 visa, is it possible for me to marry in the US or not really at this point?

And also thanks so much. I appreciate this.

 

Edited January 20, 2019 by forevercurious

[Boiler 45,531]

You can marry anywhere it is legal to do so.

[aaron2020 11,651]

4 minutes ago, forevercurious said:

Sorry, I meant whether it's me who files or my partner, but it's me as I live there I take it. I apologize, I'm tired and probably not phrasing things too well.

 

Okay, thanks for the clarification. I just worry because I'm reading about the i-130 and I'm lost. So my partner, the American citizen, would be filing one, so is that something we do *after* getting married in Australia (it must be as having a marriage certificate is part of the requirements)? And if so what is the first step before that to get them here? And even though there's probably no hope for me having another K1 visa, is it possible for me to marry in the US or not really at this point?

 

And also thanks so much. I appreciate this.

READ THE GUIDES ON VJ.   This is DIY. 

At this point, you start over if you want to immigrate to the US.  Everything starts with the USC filing a petition; either I-129f or I-130 depending on your marital status.

 

If you are not married, then your USC fiancee files the I-129f and you get another K-1 visa.  You can get another K-1.

 

If you are married, then your USC spouse files an I-130 to start the spousal visa process.  You would need a marriage certificate to file the I-130.

 

 

Edited January 20, 2019 by aaron2020

[forevercurious 3]

15 minutes ago, Boiler said:

So you want to move to the SU, you have the same options as before, K1 or CR1.

But can I still file for a K1 after abandoning one? I thought that was totally out of the question. And do you have to be married to file for a CR1? Would that mean we go for it after getting married in Australia?

 

Sorry for being slow, but what is 'SU'? And thanks for the reply, by the way.

[Boiler 45,531]

SU is me typing US backwards

 

Your options are the same as they were and if you want to file for a CR1, a spouse, they you have to be one.

[forevercurious 3]

3 minutes ago, aaron2020 said:

READ THE GUIDES ON VJ.   This is DIY. 

At this point, you start over if you want to immigrate to the US.  Everything starts with the USC filing a petition; either I-129f or I-130 depending on your marital status.

 

If you are not married, then your USC fiancee files the I-129f and you get another K-1 visa.  You can get another K-1.

 

If you are married, then your USC spouse files an I-130 to start the spousal visa process.  You would need a marriage certificate to file the I-130.

 

 

Okay, thanks for clearing that up. I think it makes sense to me now. We're not married, so I suppose the I-130 is out of the question at present.

[aaron2020 11,651]

1 minute ago, forevercurious said:

But can I still file for a K1 after abandoning one? I thought that was totally out of the question. And do you have to be married to file for a CR1? Would that mean we go for it after getting married in Australia?

 

Sorry for being slow, but what is 'SU'? And thanks for the reply, by the way.

Your USC fiancee starts over with an I-129f to start the K-1 fiancee process.  Every step that you went through before, you have to repeat.  You thought wrong - it's not out of the question to get another K-1.  You just have to start over from the beginning.

 

You do have to be married in order for your USC spouse to start the CR1 spousal visa process.  You need a marriage certificate to file.  You can get marry anywhere in the world.  

[forevercurious 3]

5 minutes ago, Boiler said:

You can marry anywhere it is legal to do so.

But wouldn't my partner have to be on a Visa if they were here? But thanks, that's a relief.

1 minute ago, Boiler said:

SU is me typing US backwards

 

Your options are the same as they were and if you want to file for a CR1, a spouse, they you have to be one.

Thanks for clearing that up. So would that mean I have the option of the K1 technically but not the CR1 as we're not a married couple?