Long Lake, MN asked in Immigration Law for Minnesota

Q: Should I cancel K1 visa before I apply for green card after I get married in US?

Hi. I'm in the States with J1 visa right now and my American fiance and I are planning to get married here and adjust my status. Actually we had applied for K1 visa in March and were waiting for the approval but we just decided to get married here. So my question is should we cancel the K1...? I looked it up and it says we can send a withdrawal mail and it will take 2~8 weeks to get confirmation. Or if it's at NVC after approval, we can just abandon it. We'd like to start the green card process soon... so I'm worried that if we send a mail trying to cancel it, it would take too long time to get confirmation. It's been about 130 days since we filed the petition... so it looks like we will get the approval.... so can we just abandon it?? What should we do? Can we just ignore the K1? or Do we have to wait for confirmation or something of cancelation before we start the green card process?

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Better to withdraw. Make sure you aren’t subject to the foreign residency requirement associated with some J1 visas.

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