I129F withdrawal - consequences - HELP!

[MarinaMM 1]

Hi! I am a Brazilian/US citizen - reside in the US currently. Back in January I sent in the I129F application for my fiancé. We have received the receipt confirmation. Problem is now, we have become pregnant and our plans have drastically changed. We decided it will be best for him to remain in Brazil to continue business there and postpone the marriage and move to a few years when our baby is a little more grown and we have a better situation. 

 

I want to know the following:

If I withdraw my petition now, before he goes through the visa process - 

1. Will he have a hard time using his current tourist visa to enter the US and visit? (He has 3 years left on it)

2. When he goes to renew his tourist visa, will there be any issues due to the withdrawal?

3. If we choose to live in Brazil and get married there, will there be a problem applying for him later?

4. If we choose to come back to US, will I have an issue redoing the I129F and bringing him in on a K1 to get married here?

 

Thank you so much!!! I'm kinda freaking out and don't want to create issues for the future, but right now we don't see the possibility of going through the entire process of K1 and marriage while trying to figure a life out in another country -at this moment he has no intentions of coming here for marriage or to reside, just to visit.

 

Thank you!

[Lucky2Lucky 2,526]

 

If I withdraw my petition now, before he goes through the visa process - 

1. Will he have a hard time using his current tourist visa to enter the US and visit? (He has 3 years left on it) Possibly- but no one can tell you for sure. He has shown immigrant intent with applying for the I129f and will now have a US citizen child-which shows strong ties to the Untied States. Whose not to say he will come, marry, stay and adjust status? (Not saying you will- just putting out what it could look like)

2. When he goes to renew his tourist visa, will there be any issues due to the withdrawal? No - I'm not sure if he has to declare that a petition has been filed for him in the past when he goes to renew the visa- if so then of course be honest.

3. If we choose to live in Brazil and get married there, will there be a problem applying for him later? No- but you would have to file a CR1 (spouse) instead of the I-129f.

4. If we choose to come back to US, will I have an issue redoing the I129F and bringing him in on a K1 to get married here? No- but I believe there is a part where it asks if you have petitioned for someone else before- so you have to address that.

 

Is this a business that he has to be physically present for in Brazil? Can it be done remotely? Visit Brazil a few times a year? If so, then personally I suggest getting married right away and file for a CR1- it will take over a year but he will be a permanent resident upon arrival in the US. Have you guys thought/talked about what would happen if he was denied entry to the US on a tourist visa or denied he renewal? Just some things to put out there. Good luck and congratulations on the pregnancy!

[Timona 4,208]

2 hours ago, Luckycuds said:

Is this a business that he has to be physically present for in Brazil? Can it be done remotely? Visit Brazil a few times a year? If so, then personally I suggest getting married right away and file for a CR1- it will take over a year but he will be a permanent resident upon arrival in the US. Have you guys thought/talked about what would happen if he was denied entry to the US on a tourist visa or denied he renewal? Just some things to put out there. Good luck and congratulations on the pregnancy!

 

I too don't understand OP's reasoning here on why they would withdraw because they're pregnant. The reverse, IMHO, should be the logical reasoning. 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[MarinaMM 1]

2 hours ago, Timona said:

 

I too don't understand OP's reasoning here on why they would withdraw because they're pregnant. The reverse, IMHO, should be the logical reasoning. 

Because the plan before pregnancy was to live together in the US. We want to have a baby close to our family in Brazil and moving here won’t be the best for us - we don’t want to risk getting the visa and then having to pick up and come to the US with a newborn to get married and get the process going. We might never need him to become a citizen, we may be just fine with just visiting a couple of times a year - that’s why I want to make sure the withdrawal won’t affect future visits or visa renewals.

 

[Timona 4,208]

7 minutes ago, MarinaMM said:

Because the plan before pregnancy was to live together in the US. We want to have a baby close to our family in Brazil and moving here won’t be the best for us - we don’t want to risk getting the visa and then having to pick up and come to the US with a newborn to get married and get the process going. We might never need him to become a citizen, we may be just fine with just visiting a couple of times a year - that’s why I want to make sure the withdrawal won’t affect future visits or visa renewals.

 

 

I'm still mindboggled at this, but it is your decision. 

 

Anyway, just know it'll be a mountainous task to get a tourist visa with a fiance and US born child in the US.

[MarinaMM 1]

1 hour ago, Timona said:

 

I'm still mindboggled at this, but it is your decision. 

 

Anyway, just know it'll be a mountainous task to get a tourist visa with a fiance and US born child in the US.

I don’t know.. maybe I’m not thinking clearly, but I was under the impression that once he comes in with his K1, we would have to remain in the US until he gets his green card, and that could take months and months, correct? We may not be able to spend that much time here if we are living, working and raising our baby in Brazil. It might just not be possible with the life we’ve chosen.

 

I’m a little stressed because if I knew this would happen I would’ve never applied for it  we want to be able to come and visit, I’m just torn since I have a life in both countries and don’t want to create issues for his future entries/visits to the US if we choose to not live here… 

 

Thank you!

[HRQX 4,145]

11 minutes ago, MarinaMM said:

but I was under the impression that once he comes in with his K1, we would have to remain in the US until he gets his green card

You also have the option to simply marry within the 90 days of US entry and he can then leave before the I-94 expires. K-1 is a dual intent visa.

 

But after the pandemic passes, it's much cheaper to visit with his existing B-2 and marry during the US visit: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

 

Also, after your US citizen child is born he'll be exempt to the COVID proclamation as he'll be a parent of an unmarried US citizen child (i.e. under 21 years old).

Edited August 16, 2021 by HRQX

[SalishSea 18,126]

40 minutes ago, HRQX said:

You also have the option to simply marry within the 90 days of US entry and he can then leave before the I-94 expires. K-1 is a dual intent visa.

 

But after the pandemic passes, it's much cheaper to visit with his existing B-2 and marry during the US visit: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

 

Also, after your US citizen child is born he'll be exempt to the COVID proclamation as he'll be a parent of an unmarried US citizen child (i.e. under 21 years old).

Where does the UK enter into any of this?  OP's partner is a citizen of Brazil.

[HRQX 4,145]

6 minutes ago, Jorgedig said:

Where does the UK enter into any of this?  OP's partner is a citizen of Brazil.

It's the only embassy page that makes it clear that marrying during a genuine B-2 visit is allowed. The nationality of the B-2 holder doesn't change the solid info provided by the answer in that FAQ. I.e. just replace "the United Kingdom" with "my country of residence"

Edited August 16, 2021 by HRQX

[Lucky2Lucky 2,526]

8 hours ago, MarinaMM said:

Because the plan before pregnancy was to live together in the US. We want to have a baby close to our family in Brazil and moving here won’t be the best for us - we don’t want to risk getting the visa and then having to pick up and come to the US with a newborn to get married and get the process going. We might never need him to become a citizen, we may be just fine with just visiting a couple of times a year - that’s why I want to make sure the withdrawal won’t affect future visits or visa renewals.

 

Thank you for clarifying. I think that many of us will look at your post and assume you would want to have the baby in the US and that your supports are in the US- and the ultimate goal is to stay and live in the US. It seems that you want your life primarily in Brazil and will only come to US a few times a year to visit. If so, then it wouldn’t make sense for your husband to obtain permanent residency as residency in the US never seemed to be the plan (w a family) Yes, you are correct that if he came on the k1 it would be months-year before he got a green card. No one can say if your (future) husband would always be allowed entry or have a successful renewal of his b1/b2visa his entire life. Needless to say many people successfully have an American spouse and are able to travel on a b1/b2. 

[carmel34 3,655]

7 hours ago, MarinaMM said:

We may not be able to spend that much time here if we are living, working and raising our baby in Brazil.

Sounds like you have decided to live in Brazil and only want to visit the US occasionally.  In that case, you can withdraw the I-129F petition or just let it die.  A US immigrant visa is for residing permanently in the US, not for visiting.  He has a valid tourist visa to visit the US occasionally, whether he is allowed to enter will be up to CBP at the point of entry.  When his tourist visa expires, he can apply for another one.  The key to getting a tourist visa and being let in the US with it, is to show strong ties to his home country.  In my opinion, this will be easier if you move back to Brazil and establish a home there together, where you have family, jobs, etc.  Tourist visas for Brazilians have been more difficult to get in recent years, with so many coming and overstaying or adjusting status.  So now they scrutinize all visa applications and ask more questions at the point of entry, denying the visa or sometimes sending people back if their ties to Brazil are not strong enough.  Lots of Brazilians will do anything to escape the poor economy and crazy president, crime, out of control COVID, and lack of opportunities.  Many are refused visas or entry to the US, the UK, and other popular destinations.  So be aware of this as you plan your future together.  You can always apply for a spousal visa to live in the US together down the road if your plans change.  Good luck!

Edited August 16, 2021 by carmel34

[Timona 4,208]

7 hours ago, MarinaMM said:

I don’t know.. maybe I’m not thinking clearly, but I was under the impression that once he comes in with his K1, we would have to remain in the US until he gets his green card, and that could take months and months, correct? We may not be able to spend that much time here if we are living, working and raising our baby in Brazil. It might just not be possible with the life we’ve chosen.

 

I’m a little stressed because if I knew this would happen I would’ve never applied for it  we want to be able to come and visit, I’m just torn since I have a life in both countries and don’t want to create issues for his future entries/visits to the US if we choose to not live here… 

 

Thank you!

 

Ok. So I see you want to raise kid in Brazil and not US. Okay. Carry on

[Meli&Tommy 2]

As long as you marry him while in Brazil, you can always petition him as your spouse later on. Just take into consideration the process to be approved for a green card for a spouse is about 2 to 3 years. So, if you plan to relocate to USA, you'd have to apply waaay ahead. If I were you I'd give birth to the baby in USA. Less paperwork for later. Good luck!

[Meli&Tommy 2]

5 hours ago, carmel34 said:

Sounds like you have decided to live in Brazil and only want to visit the US occasionally.  In that case, you can withdraw the I-129F petition or just let it die.  A US immigrant visa is for residing permanently in the US, not for visiting.  He has a valid tourist visa to visit the US occasionally, whether he is allowed to enter will be up to CBP at the point of entry.  When his tourist visa expires, he can apply for another one.  The key to getting a tourist visa and being let in the US with it, is to show strong ties to his home country.  In my opinion, this will be easier if you move back to Brazil and establish a home there together, where you have family, jobs, etc.  Tourist visas for Brazilians have been more difficult to get in recent years, with so many coming and overstaying or adjusting status.  So now they scrutinize all visa applications and ask more questions at the point of entry, denying the visa or sometimes sending people back if their ties to Brazil are not strong enough.  Lots of Brazilians will do anything to escape the poor economy and crazy president, crime, out of control COVID, and lack of opportunities.  Many are refused visas or entry to the US, the UK, and other popular destinations.  So be aware of this as you plan your future together.  You can always apply for a spousal visa to live in the US together down the road if your plans change.  Good luck!

It's not for us to discuss the political situation in Brazil. Politics should be left out immigration forums.