I-130 with previous I-129F/K1

[Maitremathieu 4]

My fiancée came to the US earlier this year on a K1 visa. Sadly, she experienced a death in the family shortly after arriving, and we made the difficult decision that it was the best thing for her to return to her country to support her extended family during the difficult time, and to start the immigration process over again. We are now planning to get married abroad next month and then file for CR1.

 

Were we supposed to do anything to cancel the K1 process when she left the US? I tried to figure this out at the time but couldn't get any straight answer, and there was so much going on I didn't have much time to dedicate to it. I just want to ensure now that we take care of anything that could complicate re-applying for CR1.

 

Thank you.

[Dashinka 24,649]

27 minutes ago, Maitremathieu said:

My fiancée came to the US earlier this year on a K1 visa. Sadly, she experienced a death in the family shortly after arriving, and we made the difficult decision that it was the best thing for her to return to her country to support her extended family during the difficult time, and to start the immigration process over again. We are now planning to get married abroad next month and then file for CR1.

 

Were we supposed to do anything to cancel the K1 process when she left the US? I tried to figure this out at the time but couldn't get any straight answer, and there was so much going on I didn't have much time to dedicate to it. I just want to ensure now that we take care of anything that could complicate re-applying for CR1.

 

Thank you.

The K1 visa was used for an entry, so nothing needs to be done (K1 is single-entry, so when CBP endorsed it, the visa becomes invalidated for any other potential entry).

 

You should be fine with moving to a spousal visa, don't worry about the previous K1.

 

Good Luck!

[pushbrk 12,999]

The I-130 asks if you've filed a petition for this or any other person.  Answer honestly with no worries.  It also asked if anybody has previously filed a petition.  The answer is yes.  It's you.  Answer honestly and succinctly and expect no problem.

[Maitremathieu 4]

Thank you very much for your responses.

1 hour ago, pushbrk said:

The I-130 asks if you've filed a petition for this or any other person.  Answer honestly with no worries.  It also asked if anybody has previously filed a petition.  The answer is yes.  It's you.  Answer honestly and succinctly and expect no problem.

 

That question on the I-130 is actually one I was wondering about, since it actually reads "Has anyone else ever filed a petition for the benificiary?" My thought was that the answer is NO, because I'm the same petitioner, and not someone ELSE. Then in Part 5 it asks if I've ever filed a petition for the same benificiary or someone else, where I would provide that information. Does that make sense?

[pushbrk 12,999]

40 minutes ago, Maitremathieu said:

Thank you very much for your responses.

 

That question on the I-130 is actually one I was wondering about, since it actually reads "Has anyone else ever filed a petition for the benificiary?" My thought was that the answer is NO, because I'm the same petitioner, and not someone ELSE. Then in Part 5 it asks if I've ever filed a petition for the same benificiary or someone else, where I would provide that information. Does that make sense?

Yes, so that question is no.  Have you filed for anybody is yes.  Sorry.

 

[Maitremathieu 4]

Got it, I really appreciate your help!