Dolf Van De Baan

Hi all,
Because I can't get a K1 visa in time, I want to cancel it and when I
am in the US, after marriage, I want to apply for permanent residence.
Because of what I know, I don't need a K1 visa to get married anyway.
But now the problem, how do I cancel it? I hope that someone out here
knows how that goes.

Already thanks for your effort!

Dolf

Mardae

Originally posted by Dolf Van De Baan

    > Hi all,

    > Because I can't get a K1 visa in time, I want to cancel it and when I

    > am in the US, after marriage, I want to apply for permanent residence.

    > Because of what I know, I don't need a K1 visa to get married anyway.

    > But now the problem, how do I cancel it? I hope that someone out here

    > knows how that goes.


    > Already thanks for your effort!


    > Dolf



This sounds like a ten-foot-pole issue to me. Maybe I'm
misunderstanding you. If you are outside of the US and intend to enter
the US and then marry you would be committing fraud if you then applied
to adjust status. Particularly because you are entering the US with the
intent to marry. Since you have already submitted a K1 petition it
would be pretty hard to prove you didn't intend to get married when you
entered the US, it's one thing to come and visit during a pending K1
it's entirely different to end up marrying and then applying for AOS.
To act legally even if you did come to the US and get married, you would
have to go home and apply for a K3. Depending on which service center
you are using and when you submitted your K1 petition it might be just
as well to wait out the K1.



I'm not as experienced as a lot of posters here so if anyone sees
anything wrong with what I've said please correct me. This is just how
I'm interpreting this particular situation.



MarDae

Dutchman2001nl

Originally posted by Dolf Van De Baan

    > Hi all,

    > Because I can't get a K1 visa in time, I want to cancel it and when I

    > am in the US, after marriage, I want to apply for permanent residence.

    > Because of what I know, I don't need a K1 visa to get married anyway.

    > But now the problem, how do I cancel it? I hope that someone out here

    > knows how that goes.


    > Already thanks for your effort!


    > Dolf



Sounds like a BAD idea to me.....

Noorah101

Originally posted by Dolf Van De Baan

    > Hi all,

    > Because I can't get a K1 visa in time,

    > Dolf

Hi Dolf,



In time for what? K1's and K3's can both sometimes take just as long
depending on where you are applying.

Katesuiter1

Originally posted by Dolf Van De Baan

    > Hi all,

    > Because I can't get a K1 visa in time, I want to cancel it and when I

    > am in the US, after marriage, I want to apply for permanent residence.

    > Because of what I know, I don't need a K1 visa to get married anyway.

    > But now the problem, how do I cancel it? I hope that someone out here

    > knows how that goes.


    > Already thanks for your effort!


    > Dolf



To echo MarDae, you won't find a lot of helpful advice here on that
subject. I think you'd face a lot of obstacles from USCIS also, as
you've already applied for a K1 and your intent is obvious, not to
mention the fact that your new plan is blatantly illegal.



People wait months to be with their loved one the "right way", and a
straightforward case is stressful enough, so I don't envy you at all by
choosing the other way. Yes, you may get here faster, but you run the
risk of being sent straight back just as fast.



Kate.

Hypertweeky

Originally posted by Dolf Van De Baan

    > Hi all,

    > Because I can't get a K1 visa in time, I want to cancel it and when I

    > am in the US, after marriage, I want to apply for permanent residence.

    > Because of what I know, I don't need a K1 visa to get married anyway.

    > But now the problem, how do I cancel it? I hope that someone out here

    > knows how that goes.


    > Already thanks for your effort!


    > Dolf



As far as everyone said here.. It is a BAD idea. I don't think you could
actually get in the states under the VWP.. with a cancelled I-129
petition for fiancee in your back, but If You do.. you still have AOS
ahead, they will bring up the I-129 cancelled petition and you will be
hosed, don't risk it please..

Take care

Eileen

why don't you get married and DCF like alot of other DutchAmerican couples.
It is the fastest way that is legal.
see our website, read Other Couples on the left menu to get ideas of how you
can fit DCF into your life.
e
www.usadutch.com
"Dolf van de Baan" <> wrote in message
news:...
    > Hi all,
    > Because I can't get a K1 visa in time, I want to cancel it and when I
    > am in the US, after marriage, I want to apply for permanent residence.
    > Because of what I know, I don't need a K1 visa to get married anyway.
    > But now the problem, how do I cancel it? I hope that someone out here
    > knows how that goes.
    > Already thanks for your effort!
    > Dolf

Dolf Van De Baan

Noorah101 <> wrote in message news:<>...
    > Originally posted by Dolf Van De Baan


In time for what?

In time to get there in time to marry! Everything is already arranged.
And when I went to the city hall in Waukesha, WI the gave me a paper
for what I need to get married legal. And that wasn't a K1 visa, they
never heard of that and sure didn't know more about it. This has
already been a point where I feel that this whole visa happening is
surely not based on expertise! Everybody has his or her own thoughts
about it and it seems that more roads lead to Rome.

And to get to most of the people who say it is illegal. I really
believe that it is not illegal. When I go to the US and marry there, I
can file for a permanent residence. I really don't know what is
illegal about that.

But to come back to my question, in all of your replys I haven't heard
one anwers to my question yet, only people telling that I shouldn't go
this way and I appriciate that. But how do I cancel it?

Thank you for all your replies....and thx for the DutchAmerican
website link!!!

Purvi

Originally posted by Eileen

    > why don't you get married and DCF like alot of other DutchAmerican
    > couples.

    > It is the fastest way that is legal.

    > see our website, read Other Couples on the left menu to get ideas
    > of how you

    > can fit DCF into your life.

    > e

    > www.usadutch.com

    > "Dolf van de Baan" <> wrote in message

    > news:"]news:4281-
    > [/url]...

    > > Hi all,

    > > Because I can't get a K1 visa in time, I want to cancel it and
    > when I

    > > am in the US, after marriage, I want to apply for permanent
    > residence.

    > > Because of what I know, I don't need a K1 visa to get married
    > anyway.

    > > But now the problem, how do I cancel it? I hope that someone out
    > here

    > > knows how that goes.

    > > Already thanks for your effort!

    > > Dolf





We had applied for my k-1 and had received our NOA1 and NOA2 and my file
had cleared NVC and reached Mumbai Consulate.

We cancelled our application by writing letters to the Vermont Service
Centre , the NVC and Mumbai Consulate stating reason for our
cancellation . Along with our cancellation letter, we sent copies of the
approvals also to the respective places.

We cancelled the K-1 bcos we wanted to get married in India. We are now
going thru the DCF process.

You want to marry once you reach US, but as others in the previous posts
say, it wuld create problems for u, as u have entered on a nonimmigrant
visa ( without intention to marry) and with K-1 u have already applied,
it culd raise a lot of questions at ur AOS.

Ultimately decison is yours, but i think it wuld be wiser to go for a
DCF or carry on with the K-1.

Rete

You are correct that the requirements to obtain a marriage license so
that one may marry within the US do not include a K-1 visa. Why?
Because a marriage license is issued by the state marriage licensing
agency for that particular state and each state has it own requirements,
i.e. blood tests, social security number, etc. and those requirements
vary. In none that I am aware of is an immigration visa a requirement
to obtain a license.



However, in order to successfully adjust status from foreign spouse to
permanent resident, the USCIS has its own requirements. Part of their
requirement is that one has entered the US without intent to defraud.
You are planning to enter the US with the full intent to marry and
remain to adjust status. Even if you are not questioned at the POE as
to this particular intent, you have want is called "pre-conceived
intent" ("PI"). This PI is an issue of fraud in the eyes of the USCIS.



Can USCIS prove this PI on your part even if you were not asked are you
getting married on this visit? Yes, they can in many ways. If they
can, will it hinder your petition for adjustment of status to permanent
resident. Yes, it most certainly can. The ramifications of being
found guilty of such PI can mean separation of husband and wife when
the foreign spouse is made to leave the US and reapply for a visa to
enter the US through USCIS and Consular avenues, if not banned from
entry entirely.



There are several options open to a foreign spouse or foreign finacee to
enter the US legally in pursuit of obtaining permanent residency so they
may live with their US spouses on US soil. One is the K-1 Fiancee Visa
which you have decided not to pursue. Another is the K-3 where after
marriage the foreign spouse returns to their own country to wait out the
processing which will allow them to interview at the US Consulate in the
country where they were married (or if married in the US the US
Consulate where they reside) for a K-3. After entry on a K-3 then you
continue the pursuit of residency. Another is the Immediate Relative
(IV I believe it is called) immigration visa which after successful
completion at the US Consulate affords the foreign spouse the luxury of
entering the US as a permanent resident. And yet another is what Eileen
has spoken of and is only available in a limited number of countries and
then again under limited circumstances, the layman's direct consular
filing. For you, that would be the simpliest avenue. You come to the
US, marry your fiancee and you both honeymoon back in your country
(Netherlands?). While there, she files your I-130 at the US Consulate
and starts the process for your Immediate Relative Visa. Within 6 to 12
weeks you have permission to enter the US as a conditional permanent
resident with the right to live, work, and travel while you and your
wife discover the joys of marriage.



While you have touched on the fact that thousands of people annually do
marry and remain in the US to adjust status successfully while having
entered the US under the VWP and tourist visas, you must be aware that
circumstances for each case differ. Some have never met their spouses
until they entered the US for the first time and on the spur of the
moment before leaving the US decide to marry. In those cases there was
no PI as knowledge of one another was non-existent in the first place.
Others adjust from visas that allowed them to live, work or study in the
US, i.e. H-1B, J-1 or F-1 visas.



If you can navigate the POE successfully and are allowed in, you can do
what you are purposing and remain and adjust status. Will you be
successful? Will the USCIS discover your duplicity? No one here can
tell with any degree of certainty. But we can tell you that there are
risks involved and that the consequences of those risks are serious.
Only you and she know if you are willing to gamble your married lives on
that risk.



Good Luck

Rete







Originally posted by Dolf Van De Baan

    > Noorah101 <> wrote in message
    > news:<>...

    > > Originally posted by Dolf Van De Baan



    > In time for what?


    > In time to get there in time to marry! Everything is already arranged.

    > And when I went to the city hall in Waukesha, WI the gave me a paper

    > for what I need to get married legal. And that wasn't a K1 visa, they

    > never heard of that and sure didn't know more about it. This has

    > already been a point where I feel that this whole visa happening is

    > surely not based on expertise! Everybody has his or her own thoughts

    > about it and it seems that more roads lead to Rome.


    > And to get to most of the people who say it is illegal. I really

    > believe that it is not illegal. When I go to the US and marry there, I

    > can file for a permanent residence. I really don't know what is

    > illegal about that.


    > But to come back to my question, in all of your replys I haven't heard

    > one anwers to my question yet, only people telling that I shouldn't go

    > this way and I appriciate that. But how do I cancel it?


    > Thank you for all your replies....and thx for the DutchAmerican

website link!!!