Withdraw support for visa

[Rim]

Hey guys,
I've gone through the K-1 application process with a lady and during our last meeting she said that she was getting cold feet and could not leave Russia. Since then she was been emailing me every day and thinks she may have made a mistake out of fear of change.

Her interview is in a few weeks, and I haven't sent her any of the paperwork for the Interview, will her not having my paperwork keep the visa from happening or must I withdraw support?

Also, at what point must I withdraw my support for her visa so that this doesn't count against me for my IMBRA one K-1 every 2 years, or is it too late already?

Secondly, if she does come over on a K-1 and it doesn't work out, must I wait 2 years for any K visa or will a K-2 still be a viable option without a two year wait?

[Jet]

First, the documents - If she doesn't have your financials, they won't issue the visa. If you want to be absolutely sure this is stopped in its tracks, you can also send an e-mail to the consular section at the embassy asking them to withdraw the petition and cancel the interview, but it's not a requirement (lack of docs will be enough, FOR SURE).

Next part is in 'virgin' territory. The way IMBRA is written leaves some room for personal interpretation as to what constitutes an "application".

Second question - I think you meant K-3 (as a K-2 is a child derivative of a K-1). K-3s are also subject to the wait BUT if you have someone else in mind during that time you *could* get married abroad, and if your second wedding anniversary had passed by the time you file for adjustment of status after the K-3 is issued and she arrived in the US, you would bypass the 'conditional status' greencard and she'd be issued the 10 year variety.

[Turboguy]

I agree with Jet, this is territory no ones knows much about.   However the law is writting using the word "Applied for"    However there is another part that says "different fiancee"   

My intepretation of it is that if you file again for the same fiancee you don't have to wait the two years.   If you file for someone else you do.   However IMBRA does not preclude you from filing again within two years with different fiancee's    You just have to file for a waver. 

It is not out of the question that I will have some first hand experience with this soon.  Too early to say yet though.  My two years is not up until the first of March.  I could see something happening before that for me.

[Rim]

Any idea on how a waver would work with a DCF?

I'm thinking about a DCF for the next one so that she hits American soil with a green card.

I asked this question on another message board, but maybe someone here would know more. If she comes to America through a DCF with green card in hand, would this reduce the risk of a false DV charge?

[BC]

Rim,

You ask strange questions..  Something 'not right' with your current K1 and now thinking about plunging into DCF next time?

Are you really ready for this venture?

[Jet]

I asked this question on another message board, but maybe someone here would know more.

 ??? and you didn't like the answer you got, or what?

If she comes to America through a DCF with green card in hand, would this reduce the risk of a false DV charge?

The best way to reduce the risk of a false DV charge is to spend the time required to really get to know her, and to be completely honest about your situation so that she is not walking into something she's totally unprepared for.