can I cancel my k-1 application?

katooli

New Member
Hi there,

I am brand new to the forum, and haven't really been able to find any posts that answer my question. So here goes:

I am a US citizen engaged to a UK citizen. We have decided to get married in the States as soon as possible, live here for awhile (another year at most), but eventually settle back in the UK.

On August 11th, while he was here on a 3 month visit, we mailed in our I129F petition. Now my understanding when we started the process, was that the typical processing time was maybe 4-6(ish) months. Only today, I have located the processing times for the different service centers, and Texas (I'm in NC, and Texas is my service center) is processing applications dates March 10th right now! This indicates to me that the whole thing will take FAR longer than the 4-6 months I was hoping!

Now, my question is, can I cancel my application? The other options we have discussed are a)him coming over on visa waiver for 3 months, we get married while he's here, and move immediately to the UK, (me with spouse visa in hand for the UK) or b) me getting a fiance visa for the UK and just get married there (my mother will kill me!) So much for putting that extra year in at my job!

Either of these would seem to require the cancellation of the k-1 visa process.

I've been a mess over this all day, and I can't seem to find the information I need anywhere. I'd appreciate any advice you guys can give me!

Thanks so much,

Kate
 
Cancelation

Ofcourse you can cancel any application you file with BCIS. On the NOA1 that you received there is a statement that if your information (or status) changes then you should call or write the NSC. I am sure people cancel on a regular basis just as relationships are broke off all of the time and plans change.

Best of success to you guys!:)
 
Thanks for your help!

Our next concern is getting him in on the VWP... Will the K-1 application disappear off his record once it is cancelled? If he comes in equipped with a stack of papers showing his intent to return to the UK, and is honest about his intent to marry in the States and return, what are the chances of his being turned away?

Thanks again

-Kate
 
To Deep

Sorry Katooli, your questions are getting to deep for my knowledge on the subject. I hope someone else will repond and answer your questions for you though.

robchih
 
Kate,

When I read your posting I thought I was looking in the mirror. I am in London, England and my fiance is in the USA.
In April this year, we posted for the I-129F/K-1 visa. When we received the first notice of application, the receipt said that this type of application was currently taking 150-180 days to process. We recently found out this means working days - and more recently whilst checking processing times, that the Nebraska service centre is effectively becoming slower. Our estimates are that the application will sit on the shelf until March 2004.
My fiance and I have considered other options - primarily, cancelling the I-129f, me travelling to the US, marrying there and then returning to England straight away - then filing for the K-3 visa. We also considered marrying in the UK earlier this month however, we found out that my finace will need to be in the UK 22 days before we can marry - the reason for this is that it will take 7 days to register the application and then 15 days for the banns to be read (effectively, this is the time when a prospective marriage is posted and anyone can object to it).
I am seeing a US immigration lawyer in London tomorrow (Friday 19 September) to discuss our (limited) options - including whether we can cancel the I-129f and marry.
I will be more than happy to let you know what comes out of the meeting.

Matthew.
 
Hi Matthew,

I feel your pain! The whole process is sooo frustrating!

Now have you looked into the possibility of getting married in Scotland? They do not require the same waiting period prior to the wedding. This is what my fiance and I have decided to do. (We've decided just to stay in the UK as well) I have been told over and over not to risk him getting turned away if he tries to come in on the Visa Waiver Program to get married.

Have a look at this site for more info on getting married in Scotland:

http://www.overthepond.info/ukguide/faq.html#scotspecific


Also, I have posted this same question on the american expats in Britain website, and there has been some discussion pertaining to it on there:

http://www.americanexpats.co.uk/cgi-bin/yabb/YaBB.pl?board=Marriage;action=display;num=1062272924

It's so good to know we're not alone in this fiasco!

Keep me posted if you have any developments!

-kate
 
Kate,

Further to my email of last month regarding cancelling the K1 application.
Emily and I were married in the USA last Wednesday (15 October). Basically we decided to try it and I flew into the USA on Saturday 11 October. The immigration lawyer I spoke with told me that I needed to take as much evidence with me as possible to show that I intended to stay for only a week.
The evidence also had to demonstrate that I had no intention of abandoning my life in the UK and that I would not seek to adjust status to that of legal permanent resident on the trip.
The docs I took were: letter from the judge who would marry us stating that he knew of our position; a letter from my landlady stating that she expected me to return and to continue living at my address (I also took a copy of the contract); a letter from my employer with words to the same effect (and a copy of my employment contract), my bonus structure (including bonus paid this year); pay slips for the last year and bank account statements showing that the money had been paid into my account; a letter from the immigration lawyer confirming that we had spoken regarding the process.
When I flew into Pittsburgh I told the immigration officer my story - she asked what documents I had brought with me - I told her the list. She said I would have to go to a second screening (which was expected). I told the second officer the same, that we applied for a K1, it was taking too long, that I intended to enter the USA, marry and return to the UK 4 days after.
He asked me for the supporting documents - I showed him the letter from the judge, he then asked if I had a letter from my employer which I showed him. He was happy with what he saw, and also said that I had brought everything possible. he said he was happy to let me in, and he also wished me good luck too!
We waited until we were married before cancelling the K1 (just to be sure). Whilst I was there we completed all the forms for the K3 visa. All being well, the process should be completed within 4-6 months.
 
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