BigBoss1984

Hey guys,

So we've had a change of plans, we're still together, still engaged - however my fiancé isn't doing great in school right now and we decided a better approach would be for her to focus on school and then when we're ready we marry and apply for a CR-1 visa instead. Until that time I would visit the USA on an esta for a couple of months at a time, return to the UK for a couple of months, go back over etc.

Is there anything wrong with this? Will withdrawing the K1 visa impact me entering the US on an ESTA/applying for a CR-1 visa at a later date? We're currently awaiting a case number from NVC

tom169

You're currently awaiting a case number from the NVC? So to confirm, you don't currently have a K1 visa and you are just at the NOA2 stage?

If so, I believe you can just ignore everything and let it time-out without repercussion.

BigBoss1984

That's right yeah, we're at the NVC stage - just got our NOA2 a couple of weeks ago

ian-mstm

No, but I suggest staying out of the US longer than you were in the US... each and every time.


No.

Ian

BigBoss1984

Thanks Ian. It has come to my attention that it would infact be possible to postpone the K1 visa instead of withdrawing it entirely, do you know anything about this?

Pulaski

Surely if he has paid and doesn't complete the process his visa will be rejected, which will least to his ESTS being voided and him having to wait 6-12 months before a new one would be approved. ..... So wouldn't it be advisable to complete the K-1 process, then not use it, than to allowed the application to be rejected?
You can't "postpone" a visa, but you can stall (just not reply/respond to a request or requirement to do something) by upto 12 months at each step of the process before you application would be rejected and your file closed.

BigBoss1984

Apparently you can withdraw it I believe, if you request it in writing. I read on USCIS' website saying that a withdrawn visa cannot be denied

BigBoss1984

So if my I-129F is, as of right now, awaiting an NVC case number (Still isn't at NVC) - what would the next step be to stall it?

Thanks again guys - tried scouring the internet for information on this stuff but doesn't seem to be much to go off!

Rete

Stalling it won't help if she still has a year or more on her schooling to complete. If she is not doing well in school, she needs to determine the reason why. Is it because she is consumed with talking with you via internet, facetime, Skype, etc. or planning the wedding details? If any of those reasons then postponing isn't going to help as she will still be, at the very least, communicating with you once, twice, three times a day. Or is just that the subject matter of her classes are difficult for her.

Postponing for a year, if at all possible, isn't going to help anything. It still means that you will have to be here next year and if she is still in school, that isn't going to help.

SHE, not you, can formally withdraw her petition when she hears from the NVC or even now by informing the service center. She has the case number as it is on her Notice of Action. The I-129F has not yet reached the consulate stage so there is no fear of 'rejection' or 'denial' of a visa as one has not been applied for.

Even if the I-129F is approved and the NVC stage gone through, if you don't continue with the process for the K-1 in the UK, then, again, nothing is rejected or denied as nothing has been applied for. This is the joy of the Fiancee Visa being a two part process. No visa has been applied for until you have completed the paperwork on your end for the K-1, itself.

Either she formally notifies NVC or if it is sent to London, you can either ignore the process or formally advise them that you are no longer interested in pursuing the process at this time.

To my way of thinking, a lot hinges on where she is in her schooling and what the issue is that is making her grades decline.

BigBoss1984

We sat down last night and figured out whats happening and whats going wrong, and we decided that whilst the visa probably isn't helping matters (I mean in fairness it is alot of paperwork) - the more pressing impact on her grades is the fact that right now she's working four jobs, plus doing a full time degree. So the process of delaying the visa is the decision we reached so she can make some money working the jobs in the summer when college is out, then next year hopefully won't have to work as many jobs as I'll also be there to contribute. But right now, she wants to focus on saving some money so she's not broke at the end of every month despite working so much which is in turn impacting her grades, which I think is the bigger underlying issue.

Rete

Are you gainfully employed? If so, can you float her a loan so that she does not have to work so much when she returns to school in August/September? I say loan only because I am thinking of how I would feel taking money from a fiancée while we are not legally committed to each other. You can always close the loan out when you are finally married.

Another thought is if you have a financial sponsor in place for your visa will that sponsor be willing to sponsor you for the I-130 instead? If so, come to the US as a visitor, without intent to stay, get married, return to the UK, have her file the I-130 and you go through the final processing in the UK for your immigration visa. This way when you enter the US you are free, from day one, to find and accept employment and can support her while she completes her schooling with the need for working so many jobs.

BigBoss1984

I could loan her money, but she's so stubborn about accepting it. I've done it in the past and basically had to force her to take it, but it's not a viable long term solution because she hates taking it, says it makes her feel terrible.

That was the other option, yeah - just going down the CR-1 route and getting immediate work authorisation as soon as the visa goes through

Rete

You mean you will have work authorization from day one once you have activated your visa at the POE.

I understand her feelings as I would feel the very same way.

BigBoss1984

Right, that's what I meant

Thanks for your help, everyones help - it's massively appreciated!

ian-mstm

Apparently he hasn't yet applied for the K-1... so there's nothing to withdraw that will hurt at all. Withdrawing the I-129F petition is pretty much meaningless as far as future impact.

Ian