Fiancee Cannot Visit USA

[Kiana & Katarina 192]

1 minute ago, Dashinka said:

If you end up getting married while the I129F is processing then you have no choice but to withdraw it and file for a spousal visa as you would no longer qualify for a fiancé visa.  Here is a helpful site outlining the way you would pull the I129F.

 

Good Luck!

 

https://www.visatutor.com/i-129f-fiance-visa-case-proper-steps-to-cancel-or-withdraw-petition/

Thank you again! Maybe we'll go this route after all. 

[Rocio0010 5,579]

2 minutes ago, IWander said:

You can withdraw at any time with a simple letter.  Don't have to wait if you so choose.

Well, I was being overly cautious so that OP has an underlying application until she is 100% sure that they'll start processing the CR1. There is no rush to withdraw because there is no downside to having two ongoing applications for a couple days.

[IWander 589]

2 minutes ago, Rocio0010 said:

Well, I was being overly cautious so that OP has an underlying application until she is 100% sure that they'll start processing the CR1. There is no rush to withdraw because there is no downside to having two ongoing applications for a couple days.

My point was that a simple letter is all that is needed to withdraw at anytime.  Period.

[Rocio0010 5,579]

3 minutes ago, IWander said:

My point was that a simple letter is all that is needed to withdraw at anytime.  Period.

aaaaand this is exactly what I said:

I think (don't quote me on this) that once you submit your CR1 and get your NOA, you can withdraw your i-129f with a simple letter.

[Dashinka 24,539]

2 minutes ago, Rocio0010 said:

aaaaand this is exactly what I said:

I think (don't quote me on this) that once you submit your CR1 and get your NOA, you can withdraw your i-129f with a simple letter.

I think the point is you don't have to wait for the I130 to be submitted to withdraw the I129F.

[Rocio0010 5,579]

Just now, Dashinka said:

I think the point is you don't have to wait for the I130 to be submitted to withdraw the I129F.

I know. And to that I said that I would wait to withdraw, to make sure that they start processing the CR1. But that's me being overly cautious.

[Sm1smom 253]

Isn’t the I-129F technically dead/invalid the moment OP gets married? So waiting for the CR1 processing confirmation before withdrawing the I-129F  is irrelevant anyways IMO. 

Edited January 31, 2022 by Sm1smom

[Dashinka 24,539]

21 minutes ago, Sm1smom said:

Isn’t the I-129F technically dead/invalid the moment OP gets married? So waiting for the CR1 processing confirmation before withdrawing the I-129F  is irrelevant anyways IMO. 

Yes.

[SalishSea 17,873]

3 hours ago, katiana said:

Does anyone else have this situation?:

 

Basically, my fiancee lives in a country where it is EXTREMELY hard to get any kind of visa to the USA. Therefore she cannot meet my family or we cannot visit my home until our K-1 visa is in our hands in order to get married. I have to live with her in her country because it's basically physically impossible for her to get into the USA. I just wanted to know if anyone else is/has been in this situation. It really sucks that we cannot simply visit my home together for her to see where I'm from, meet my parents, etc and have to wait ridiculously long just for our NOA2. So frustrating!!

Lots of people are in that situation.

 

I agree that the Utah wedding is worth a serious look.   It is almost made for people in your situation, where there is a double whammy of marriage legality and the inability to get a US tourist visa.

 

Best of luck!

Edited January 31, 2022 by Jorgedig

[iwannaplay54 985]

4 hours ago, katiana said:

Does anyone else have this situation?:

 

Basically, my fiancee lives in a country where it is EXTREMELY hard to get any kind of visa to the USA. Therefore she cannot meet my family or we cannot visit my home until our K-1 visa is in our hands in order to get married. I have to live with her in her country because it's basically physically impossible for her to get into the USA. I just wanted to know if anyone else is/has been in this situation. It really sucks that we cannot simply visit my home together for her to see where I'm from, meet my parents, etc and have to wait ridiculously long just for our NOA2. So frustrating!!

Pretty common

[arken 4,197]

1 hour ago, katiana said:

Thank you again! Maybe we'll go this route after all. 

Just note that you have to meet in person after going thru zoom marriage before you can petition for your spouse thru i130. Technically you two have to consummate but good thing uscis doesn't ask that much detail, just proof that you two met after zoom marriage.

So consider the timeframe of meeting in person as well.

 

[Kiana & Katarina 192]

1 minute ago, arken said:

Just note that you have to meet in person after going thru zoom marriage before you can petition for your spouse thru i130. Technically you two have to consummate but good thing uscis doesn't ask that much detail, just proof that you two met after zoom marriage.

So consider the timeframe of meeting in person as well.

 

We have been living together in her home country for over a year now 

[Sm1smom 253]

1 hour ago, Dashinka said:

Yes.

Thanks for the confirmation. The question in my post was of a rhetorical nature though 😊

[arken 4,197]

26 minutes ago, katiana said:

We have been living together in her home country for over a year now 

Problem solved then.

[Mike E 11,739]

3 hours ago, Rocio0010 said:

I know. And to that I said that I would wait to withdraw, to make sure that they start processing the CR1. But that's me being overly cautious.

Once they get married it matters not if they withdraw-129F / DS-160 or not.  The K-1 process is over.  Continuing with the K-1 process is fraud. Ignoring the K-1 process  and doing nothing is fine.  
 

Definitely write USCIS to cancel the I-129F after getting married (so that USCIS can put its attention on other cases. I.e my case).