reapplying for K1 for same beneficiary after withdrawing initial application

[kmmarizona]

I am a US citizen who applied for my fiancee's K1 back in August. I withdrew the petition two months later while waiting for its approval because we were not sure we would get married within the 90 days. Now we are very sure and want to know what the process for reapplying is and what the probability of having it approved is. Also, would it be safer and/or faster to get married and apply for the spousal visa instead? Thanks.

 

[SusieQQQ]

I am not up to date with the latest processing times, but historically it has been a bit faster to get the K1 than an immigrant visa. However, and it’s a big however, if she arrives on K1 she then has to undergo adjustment of status after marriage, which depending on field office could take somewhere up to two years to get a green card, she would need to apply for a work permit and advance parole if she wants to work or travel outside the US (those can take some months to get), and in some states those who entered on a K1 awaiting adjustment have reported problems with things like getting a drivers license (as technically their visa, one time use, has expired). If she comes in on an immigrant visa she is a permanent resident/green card holder as soon as immigration stamps her passport, can work and travel immediately etc. so I don’t know about “safer”, but it is definitely a lot easier after arrival to do so with a spousal immigrant visa rather than a K1.

 

[nimrakhan]

Hi there,
I’ve seen a few cases where people had to reapply for the K1 visa after withdrawing the initial petition. As long as the relationship is genuine and you include a clear explanation of why the first petition was withdrawn, it shouldn’t be a problem. Just make sure to provide all the necessary documentation and be honest in your new application. Wishing you the best with the process!