Withdrawal K-1 temporary-NEED HELP
Feb 5th 2001, 3:16 pm
#1
Guest
Posts: n/a
Hi All,
My boy friend is a U.S. Citizen and I originally planned to get K-1 and then get married
in the states in June,2001 and settle down in the states for good. He submitted the I-129
already way back in Sept and we got the approval notice from INS in Nov,2000, saying the
case has been passed to the U.S. consulate where I live. I got the letter from the
consulate asking me to prepare for the interview at the end of Nov. However, I have not
taken any action due to some work and family problems. I know our filing is only valid
until the end of this month.
Due to family emergency, i cannot leave my country in short term (may be in 1 year time),
I am thinking to withdraw our K-1 application now and re- apply again in future.
My questions are
1) What should I do in order to inform the INS and the U.S. Consulate? What should I
tell them?
2) Will we be eligible to apply for K-1 again in future (after my family issues are
resolved?)
3) In future, if I want to apply for other types of visa, like F-1, H-1 or B-1/2, will
there be any problem.
4) If I finish the K-1 for now and go to the states and get married immediately and try
to get the advance parole asap so that I can return to my home country, how long
does it take?
Thank you so much for your help!
Iris
My boy friend is a U.S. Citizen and I originally planned to get K-1 and then get married
in the states in June,2001 and settle down in the states for good. He submitted the I-129
already way back in Sept and we got the approval notice from INS in Nov,2000, saying the
case has been passed to the U.S. consulate where I live. I got the letter from the
consulate asking me to prepare for the interview at the end of Nov. However, I have not
taken any action due to some work and family problems. I know our filing is only valid
until the end of this month.
Due to family emergency, i cannot leave my country in short term (may be in 1 year time),
I am thinking to withdraw our K-1 application now and re- apply again in future.
My questions are
1) What should I do in order to inform the INS and the U.S. Consulate? What should I
tell them?
2) Will we be eligible to apply for K-1 again in future (after my family issues are
resolved?)
3) In future, if I want to apply for other types of visa, like F-1, H-1 or B-1/2, will
there be any problem.
4) If I finish the K-1 for now and go to the states and get married immediately and try
to get the advance parole asap so that I can return to my home country, how long
does it take?
Thank you so much for your help!
Iris
Feb 5th 2001, 3:31 pm
#2
Guest
Posts: n/a
Hi All,
> Due to family emergency, i cannot leave my country in short term (may be in 1 year
> time), I am thinking to withdraw our K-1 application now and re- apply again in future.
>
> My questions are
>
> 1) What should I do in order to inform the INS and the U.S. Consulate? What should I
> tell them?
First I want to ask you if you know that the K-1 is good for 6 months? So if you got it
today, you would have 6 months before you would have to enter the US. This might help your
situation.
I would write to the Consulate and explain that you have a family situation that made it
impossible for you to attend the interview in November, and request that they extend the
expiration date of the petition and reschedule you for an interview IF you think that the
6 months is enough time. I would also get a new letter from your fiance stating that he
still wants to and intends to marry you, whenever you are able to come to the US.
If you don't think 6 months (or maybe 8 by the time you get the interview) is enough,
write to the consulate, explain that due to a family situation you will be unable to leave
your home country right now and wish to withdraw the application for the K-1.
> 2) Will we be eligible to apply for K-1 again in future (after my family issues are
> resolved?)
Yes, there is nothing wrong with trying again. But again, keep in mind that the K-1 is
good for 6 months so you don't have to use it right away. It might save you some time and
trouble to get it now while the paperwork has already passed through and just delay your
entry to the US.
> 3) In future, if I want to apply for other types of visa, like F-1, H-1 or B-1/2, will
> there be any problem.
Probably. You've already shown intent to move to the US and marry someone there, so the
chances of you getting a B1/B2 or other non-immigrant visa aren't so good.
> 4) If I finish the K-1 for now and go to the states and get married immediately and try
> to get the advance parole asap so that I can return to my home country, how long does
> it take?
How fast you can get the K-1 depends on where your home country is. How fast you can get
married, file your AOS paperwork and get AP depends on where you'll be living in the US.
In other words, we need more information to answer this one.
Betastar
> Due to family emergency, i cannot leave my country in short term (may be in 1 year
> time), I am thinking to withdraw our K-1 application now and re- apply again in future.
>
> My questions are
>
> 1) What should I do in order to inform the INS and the U.S. Consulate? What should I
> tell them?
First I want to ask you if you know that the K-1 is good for 6 months? So if you got it
today, you would have 6 months before you would have to enter the US. This might help your
situation.
I would write to the Consulate and explain that you have a family situation that made it
impossible for you to attend the interview in November, and request that they extend the
expiration date of the petition and reschedule you for an interview IF you think that the
6 months is enough time. I would also get a new letter from your fiance stating that he
still wants to and intends to marry you, whenever you are able to come to the US.
If you don't think 6 months (or maybe 8 by the time you get the interview) is enough,
write to the consulate, explain that due to a family situation you will be unable to leave
your home country right now and wish to withdraw the application for the K-1.
> 2) Will we be eligible to apply for K-1 again in future (after my family issues are
> resolved?)
Yes, there is nothing wrong with trying again. But again, keep in mind that the K-1 is
good for 6 months so you don't have to use it right away. It might save you some time and
trouble to get it now while the paperwork has already passed through and just delay your
entry to the US.
> 3) In future, if I want to apply for other types of visa, like F-1, H-1 or B-1/2, will
> there be any problem.
Probably. You've already shown intent to move to the US and marry someone there, so the
chances of you getting a B1/B2 or other non-immigrant visa aren't so good.
> 4) If I finish the K-1 for now and go to the states and get married immediately and try
> to get the advance parole asap so that I can return to my home country, how long does
> it take?
How fast you can get the K-1 depends on where your home country is. How fast you can get
married, file your AOS paperwork and get AP depends on where you'll be living in the US.
In other words, we need more information to answer this one.
Betastar
Feb 5th 2001, 4:17 pm
#3
Guest
Posts: n/a
Hi All,
>
> My boy friend is a U.S. Citizen and I originally planned to get K-1
and
> then get married in the states in June,2001 and settle down in the states for good. He
> submitted the I-129 already way back in Sept and we got the approval notice from INS in
> Nov,2000, saying the case has been passed to the U.S. consulate where I live. I got the
> letter from the consulate asking me to prepare for the interview at the end of Nov.
> However, I have not taken any action due to some work and family problems. I know our
> filing is only valid until the end of this month.
Not true. An approved I-129f is valid for four months from the date of approval. Your USC
fiance can write a letter to the consulate requesting that the validity be extended for
another 4 months because you will need the extra time to collect the necessary information
( no need to specify what ) and appear at the interview. You can also call the local US
consulate and reschedule the interview to another date. This creates a 8 month period of
validity for I-129f. And further when you appear for the interview and get the visa, the
K-visa is valid for six months from that date. This is six months for you to arrive in the
USA. This gives you a total of 14 months to work with between approval of I-129F and
arrival in the USA.
When you arrive in the USA you will have another 3 months to wed and submit AoS petition.
>
> My boy friend is a U.S. Citizen and I originally planned to get K-1
and
> then get married in the states in June,2001 and settle down in the states for good. He
> submitted the I-129 already way back in Sept and we got the approval notice from INS in
> Nov,2000, saying the case has been passed to the U.S. consulate where I live. I got the
> letter from the consulate asking me to prepare for the interview at the end of Nov.
> However, I have not taken any action due to some work and family problems. I know our
> filing is only valid until the end of this month.
Not true. An approved I-129f is valid for four months from the date of approval. Your USC
fiance can write a letter to the consulate requesting that the validity be extended for
another 4 months because you will need the extra time to collect the necessary information
( no need to specify what ) and appear at the interview. You can also call the local US
consulate and reschedule the interview to another date. This creates a 8 month period of
validity for I-129f. And further when you appear for the interview and get the visa, the
K-visa is valid for six months from that date. This is six months for you to arrive in the
USA. This gives you a total of 14 months to work with between approval of I-129F and
arrival in the USA.
When you arrive in the USA you will have another 3 months to wed and submit AoS petition.
