Jump to content
dicon7

NEED HELP FOR WITHDRAW I-130

 Share

17 posts in this topic

Recommended Posts

Filed: AOS (apr) Country: Malaysia
Timeline

Hello Everyone,

i need help to know that i married my cousin on 2011 and filed i-130 for him and my petition was approved from USCIS and he didn't get approved for his visa due to lack of evidence. NVC returned file to USCIS on 14 october 2014 for review, and he married someone there without letting me know anything. so later i found that he married someone and he gave me divorce after he refused by embassy. immediately i hired a lawyer who did nothing on this so far and my case is almost 21 months now still showing its pending review.

i love someone now and i want to bring him here with k1 visa but i dont know what to do now my i-130 still on review how to terminate it? and can i apply k1 if my this case is pending? or i have to wait until USCIS give me decision?

Link to comment
Share on other sites

I believe this is a time when you consult with an immigration lawyer.

However common sense tells me that you should be able acquire and send proper documents/papers to USCIS to nullify your previous case and submit a new application. I am not sure or isn't talking from any experience but just making assumption.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Malaysia
Timeline

I believe this is a time when you consult with an immigration lawyer.

However common sense tells me that you should be able acquire and send proper documents/papers to USCIS to nullify your previous case and submit a new application. I am not sure or isn't talking from any experience but just making assumption.

thanks for your reply, do you have any idea how long it will take for dismiss i-130 after i send letter to USCIS ?

Link to comment
Share on other sites

Filling a K1 is different then a CR1 so i dont know if you need to just submit a letter when you send your 129f petition or send and imbra waiver.

I had a previous 129f approved and received an RFE to file an imbra waiver for multiple approved 129f less then two years.

Not certain if this would apply. Did they deny due to the fiancee being your cousin :huh2:

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

Link to comment
Share on other sites

Sorry, unfortunately I can't help with an idea or estimate. However, I was thinking inline with Anitafeliz and I think that answer is lot more realistic.

Even when I applied for my wife, I read somewhere in the process that as nothing is guaranteed, she can pursue other immigration applications, if they are in pipeline. Similarly, if your marriage didn't workout and your application is stuck in the process, you should be able to collect documents that proves your marriage is not valid anymore (like a divorce letter), submit it to USCIS for the previous case and submit for K1. If in the K1 process requires previous marriage information, you can submit it with your documents. If not, then you have to take a chance for RFE and like Anitafeliz said, submit your information for that waiver.

Again, please be aware that I am just making guesses.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Malaysia
Timeline

Filling a K1 is different then a CR1 so i dont know if you need to just submit a letter when you send your 129f petition or send and imbra waiver.

I had a previous 129f approved and received an RFE to file an imbra waiver for multiple approved 129f less then two years.

Not certain if this would apply. Did they deny due to the fiancee being your cousin :huh2:

You getting it wrong my cousin was my ex husband and he refused by embassy and he already got married there in back home and now i wanna apply for different person whom i love. By the thanks a lot

Edited by dicon7
Link to comment
Share on other sites

Filed: AOS (apr) Country: Malaysia
Timeline

Sorry, unfortunately I can't help with an idea or estimate. However, I was thinking inline with Anitafeliz and I think that answer is lot more realistic.

Even when I applied for my wife, I read somewhere in the process that as nothing is guaranteed, she can pursue other immigration applications, if they are in pipeline. Similarly, if your marriage didn't workout and your application is stuck in the process, you should be able to collect documents that proves your marriage is not valid anymore (like a divorce letter), submit it to USCIS for the previous case and submit for K1. If in the K1 process requires previous marriage information, you can submit it with your documents. If not, then you have to take a chance for RFE and like Anitafeliz said, submit your information for that waiver.

Again, please be aware that I am just making guesses.

Thanks a lot for your information

Link to comment
Share on other sites

You getting it wrong my cousin was my ex husband and he refused by embassy and he already got married there in back home and now i wanna apply for different person whom i love. By the thanks a lot

Sorry i meant husband? Were they investigating the marriage?

Anyway i belive it doesnt matter anymore it was approved over two years ago either way i assume since you say review for 21 months. Assuming its 21 months after the interview.

I would send a imbra incase cant hurt you if you are not sure this way so you dont waste time with an RFE. (Cant Hurt)

File your 129f and use the guides on here its helpful :yes: GET RID OF THE LAWYER :diablo:

Good luck ????

Edited by Anitafeliz

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

Link to comment
Share on other sites

Filed: AOS (apr) Country: Malaysia
Timeline

Sorry i meant husband? Were they investigating the marriage?

Anyway i belive it doesnt matter anymore it was approved over two years ago either way i assume since you say review for 21 months. Assuming its 21 months after the interview.

I would send a imbra incase cant hurt you if you are not sure this way so you dont waste time with an RFE. (Cant Hurt)

File your 129f and use the guides on here its helpful :yes: GET RID OF THE LAWYER :diablo:

Good luck ????

Thanks dear , yes probably they were investigating and it was administrative process during that time, I'm not sure what is imbra and yes its now 21 months after interview now. All i need now to apply new k1 for my fiancé but i all afraid if my previous case of i-130 can make any problem for my new k1 or not.

Edited by dicon7
Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

He was denied visa

Send copy of divorce papers with letter to USCIS office where case was returned to

and a letter to withdraw the CR 1

no lawyer needed

send the letter return receipt and keep copy of letter

when you apply for K1 for the other, send a copy of letter you sent to withdraw the I 130 with the new application along with copy of the receipt from post office showing USCIS got the letter

Link to comment
Share on other sites

Filed: AOS (apr) Country: Malaysia
Timeline

He was denied visa

Send copy of divorce papers with letter to USCIS office where case was returned to

and a letter to withdraw the CR 1

no lawyer needed

send the letter return receipt and keep copy of letter

when you apply for K1 for the other, send a copy of letter you sent to withdraw the I 130 with the new application along with copy of the receipt from post office showing USCIS got the letter

Thanks helped me lot, actually i was discussing with an lawyer she told me that i need to terminate this i-130 first in order to go for K1 and she is charging me 650$ for this process, i dont know what to do right now. Do you have any idea how long does it take to terminate once i send letter and proof of divorce?

Link to comment
Share on other sites

No. No one does. It's not a commmon question on here. Im glad youve found a lawyer, as I would've suggest one for you.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ireland
Timeline

I am not sure why this took so long. What we have seen on here before is that the USC petitioner simply sends a letter to USCIS stating they are withdrawing the petition as they split up. I personally do not think a lawyer is needed. If I was you, I'd send a certified letter now with all the info you have on the previous case (case number, beneficiaries name, date visa was denied), and a short explanation of that you are withdrawing the case as you split up on X date after you found out about his other wedding. Keep a copy, and send a copy of the same letter when you file for the K1.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites

Hello Everyone,

i need help to know that i married my cousin on 2011 and filed i-130 for him and my petition was approved from USCIS and he didn't get approved for his visa due to lack of evidence. NVC returned file to USCIS on 14 october 2014 for review, and he married someone there without letting me know anything. so later i found that he married someone and he gave me divorce after he refused by embassy. immediately i hired a lawyer who did nothing on this so far and my case is almost 21 months now still showing its pending review.

i love someone now and i want to bring him here with k1 visa but i dont know what to do now my i-130 still on review how to terminate it? and can i apply k1 if my this case is pending? or i have to wait until USCIS give me decision?

Depends on the law, cousin marriage may not be legal and could possibly be annulled? for some very confusing reason, in NYS it is legal.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...