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Max2
Do I need to file and receive approval on a K1 visa that was approved, but later expired (expired on 09/01/2006) or just the fact that it was expired it means that nothing more needs to be done about it?

Thanks,
Max.
Yodrak
Max,

Please clarify - are you asking about a K1 visa or about the I-129f petition that precedes the visa application?

Yodrak

QUOTE(Max2 @ Jun 11 2007, 01:24 PM) *
Do I need to file and receive approval on a K1 visa that was approved, but later expired (expired on 09/01/2006) or just the fact that it was expired it means that nothing more needs to be done about it?

Thanks,
Max.
YuAndDan
I am a bit confused, did you break up with fiancee and want to withdraw the petition even after it has expired, you may have to contact the embassy and have it returned to USCIS.

Please update your profile, the details sometimes help with unclear questions.
Max2
QUOTE(Yodrak @ Jun 11 2007, 10:40 AM) *
Max,

Please clarify - are you asking about a K1 visa or about the I-129f petition that precedes the visa application?

Yodrak

QUOTE(Max2 @ Jun 11 2007, 01:24 PM) *
Do I need to file and receive approval on a K1 visa that was approved, but later expired (expired on 09/01/2006) or just the fact that it was expired it means that nothing more needs to be done about it?

Thanks,
Max.




Sorry Yodrak for the misunderstanding.

It was the approval of the I129F petition. In other words, I filed for my first K1 visa back on Feb 2006, by May 2006 I received its approval. However, by then my relationship with her had already been terminated. The approval I received was only valid from May 2006 through Sept 1st of 2006 (based on what it said on the approval letter). I took no further action about that and since it had an expiration date on it (Sept 1st of 2006) I figured it is permanently dead. What I would like to know is that if I should file for "request to withdraw" or anything else?

Thanks in advance,
Max.

Max2
QUOTE(YuAndDan @ Jun 11 2007, 11:16 AM) *
I am a bit confused, did you break up with fiancee and want to withdraw the petition even after it has expired, you may have to contact the embassy and have it returned to USCIS.

Please update your profile, the details sometimes help with unclear questions.


YuAndDan,

Once again sorry for not making it very clear to begin with. I just added additional information in order to make this more clear. Please let me know if I should clarify further.

Thanks in advance,
Max.
Yodrak
Max,

I would have been good to have written to the USCISto withdraw the petition when you terminated the relationship.

Yodrak

QUOTE(Max2 @ Jun 11 2007, 02:25 PM) *
Sorry Yodrak for the misunderstanding.

It was the approval of the I129F petition. In other words, I filed for my first K1 visa back on Feb 2006, by May 2006 I received its approval. However, by then my relationship with her had already been terminated. The approval I received was only valid from May 2006 through Sept 1st of 2006 (based on what it said on the approval letter). I took no further action about that and since it had an expiration date on it (Sept 1st of 2006) I figured it is permanently dead. What I would like to know is that if I should file for "request to withdraw" or anything else?

Thanks in advance,
Max.
Minya's wife
If you're now considering filing another I-129F application for another fiancee, I'm not sure, but I think you want to send a letter to USCIS officially withdrawing the previous application. Maybe someone with more info can answer this for you, but if you're looking at filing a new petition, you want to make sure you document your previous petition's withdrawal, or permanent "closing".

-P
fwaguy
QUOTE(Max2 @ Jun 11 2007, 01:25 PM) *
QUOTE(Yodrak @ Jun 11 2007, 10:40 AM) *
Max,

Please clarify - are you asking about a K1 visa or about the I-129f petition that precedes the visa application?

Yodrak

QUOTE(Max2 @ Jun 11 2007, 01:24 PM) *
Do I need to file and receive approval on a K1 visa that was approved, but later expired (expired on 09/01/2006) or just the fact that it was expired it means that nothing more needs to be done about it?

Thanks,
Max.




Sorry Yodrak for the misunderstanding.

It was the approval of the I129F petition. In other words, I filed for my first K1 visa back on Feb 2006, by May 2006 I received its approval. However, by then my relationship with her had already been terminated. The approval I received was only valid from May 2006 through Sept 1st of 2006 (based on what it said on the approval letter). I took no further action about that and since it had an expiration date on it (Sept 1st of 2006) I figured it is permanently dead. What I would like to know is that if I should file for "request to withdraw" or anything else?

Thanks in advance,
Max.


While the petition approval was only for four months the petition would have maintained a life after approval. It most likely transited to NVC and then was passed on to the consulate of the country of the beneficiary. The consulate would have sent out the application materials to the beneficiary. At which time the beneficaiary could have applied for the visa. While incredibly unlikely, a visa could have been issued....

Did you receive any communication about the petition other than the original approval notice?
Max2
QUOTE(Paula&Minya @ Jun 11 2007, 11:54 AM) *
If you're now considering filing another I-129F application for another fiancee, I'm not sure, but I think you want to send a letter to USCIS officially withdrawing the previous application. Maybe someone with more info can answer this for you, but if you're looking at filing a new petition, you want to make sure you document your previous petition's withdrawal, or permanent "closing".

-P

Paula,

That is exactly the situation. With one exception, and that is I have already filed for the second one back in March of 2007, and a few days back I received a "Notice of Intent to Deny" since I have already had more that one Fiancé visa approved over the last 2 years. But I need to know what I can do at this point to make things right. Therefore, the issues might be two fold:
1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.
2) The fact that my first application was not withdrawn properly.

I would greatly appreciate any assistance.

Thanks,
Max.
Max2
QUOTE(fwaguy @ Jun 11 2007, 11:56 AM) *
QUOTE(Max2 @ Jun 11 2007, 01:25 PM) *
QUOTE(Yodrak @ Jun 11 2007, 10:40 AM) *
Max,

Please clarify - are you asking about a K1 visa or about the I-129f petition that precedes the visa application?

Yodrak

QUOTE(Max2 @ Jun 11 2007, 01:24 PM) *
Do I need to file and receive approval on a K1 visa that was approved, but later expired (expired on 09/01/2006) or just the fact that it was expired it means that nothing more needs to be done about it?

Thanks,
Max.




Sorry Yodrak for the misunderstanding.

It was the approval of the I129F petition. In other words, I filed for my first K1 visa back on Feb 2006, by May 2006 I received its approval. However, by then my relationship with her had already been terminated. The approval I received was only valid from May 2006 through Sept 1st of 2006 (based on what it said on the approval letter). I took no further action about that and since it had an expiration date on it (Sept 1st of 2006) I figured it is permanently dead. What I would like to know is that if I should file for "request to withdraw" or anything else?

Thanks in advance,
Max.


While the petition approval was only for four months the petition would have maintained a life after approval. It most likely transited to NVC and then was passed on to the consulate of the country of the beneficiary. The consulate would have sent out the application materials to the beneficiary. At which time the beneficaiary could have applied for the visa. While incredibly unlikely, a visa could have been issued....

Did you receive any communication about the petition other than the original approval notice?



No. No further communication.

QUOTE(Yodrak @ Jun 11 2007, 11:46 AM) *
Max,

I would have been good to have written to the USCISto withdraw the petition when you terminated the relationship.

Yodrak

QUOTE(Max2 @ Jun 11 2007, 02:25 PM) *
Sorry Yodrak for the misunderstanding.

It was the approval of the I129F petition. In other words, I filed for my first K1 visa back on Feb 2006, by May 2006 I received its approval. However, by then my relationship with her had already been terminated. The approval I received was only valid from May 2006 through Sept 1st of 2006 (based on what it said on the approval letter). I took no further action about that and since it had an expiration date on it (Sept 1st of 2006) I figured it is permanently dead. What I would like to know is that if I should file for "request to withdraw" or anything else?

Thanks in advance,
Max.



So what are my options now?
Max2
QUOTE(Yodrak @ Jun 11 2007, 11:46 AM) *
Max,

I would have been good to have written to the USCISto withdraw the petition when you terminated the relationship.

Yodrak

QUOTE(Max2 @ Jun 11 2007, 02:25 PM) *
Sorry Yodrak for the misunderstanding.

It was the approval of the I129F petition. In other words, I filed for my first K1 visa back on Feb 2006, by May 2006 I received its approval. However, by then my relationship with her had already been terminated. The approval I received was only valid from May 2006 through Sept 1st of 2006 (based on what it said on the approval letter). I took no further action about that and since it had an expiration date on it (Sept 1st of 2006) I figured it is permanently dead. What I would like to know is that if I should file for "request to withdraw" or anything else?

Thanks in advance,
Max.


Also, once I got the approval I contact an immigration lawyer that my family has known for over 30 years and he was the one suggested not to do anything about it and simply let it expire. When I called him today, he told me that he is simply not familiar with new laws anymore. In other words, I got screwed over getting a bad advice!
Minya's wife
QUOTE(Max2 @ Jun 11 2007, 02:00 PM) *
QUOTE(Paula&Minya @ Jun 11 2007, 11:54 AM) *
If you're now considering filing another I-129F application for another fiancee, I'm not sure, but I think you want to send a letter to USCIS officially withdrawing the previous application. Maybe someone with more info can answer this for you, but if you're looking at filing a new petition, you want to make sure you document your previous petition's withdrawal, or permanent "closing".

-P

Paula,

That is exactly the situation. With one exception, and that is I have already filed for the second one back in March of 2007, and a few days back I received a "Notice of Intent to Deny" since I have already had more that one Fiancé visa approved over the last 2 years. But I need to know what I can do at this point to make things right. Therefore, the issues might be two fold:
1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.
2) The fact that my first application was not withdrawn properly.

I would greatly appreciate any assistance.

Thanks,
Max.


I just saw that you posted your question in the IMBRA Special Topics forum, where I was about to direct you. Kitkat answered your question there. Read the reply, its quite informative and tells you what you need to do. In the meantime, you should still get in touch w/ USCIS through their 1800 number and inquire about the process to withdraw your previous petition. You would probably need to have proof that you withdrew your previous petition to mail with this letter response to your NOID.

Good luck,
-P
fwaguy
QUOTE(Max2 @ Jun 11 2007, 02:00 PM) *
1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.
2) The fact that my first application was not withdrawn properly.


IMO, #2 would have been a "nice to have" but is less important in the short term than #1. You have a "Notice on Intent" that you need to deal with post haste. So, YES submit a letter of explanation regarding the facts and circumstances about the first petition and close your disertation by saying "I hereby request a waiver"..... or something to that effect....
Max2
QUOTE(Paula&Minya @ Jun 11 2007, 12:12 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:00 PM) *
QUOTE(Paula&Minya @ Jun 11 2007, 11:54 AM) *
If you're now considering filing another I-129F application for another fiancee, I'm not sure, but I think you want to send a letter to USCIS officially withdrawing the previous application. Maybe someone with more info can answer this for you, but if you're looking at filing a new petition, you want to make sure you document your previous petition's withdrawal, or permanent "closing".

-P

Paula,

That is exactly the situation. With one exception, and that is I have already filed for the second one back in March of 2007, and a few days back I received a "Notice of Intent to Deny" since I have already had more that one Fiancé visa approved over the last 2 years. But I need to know what I can do at this point to make things right. Therefore, the issues might be two fold:
1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.
2) The fact that my first application was not withdrawn properly.

I would greatly appreciate any assistance.

Thanks,
Max.


I just saw that you posted your question in the IMBRA Special Topics forum, where I was about to direct you. Kitkat answered your question there. Read the reply, its quite informative and tells you what you need to do. In the meantime, you should still get in touch w/ USCIS through their 1800 number and inquire about the process to withdraw your previous petition. You would probably need to have proof that you withdrew your previous petition to mail with this letter response to your NOID.

Good luck,
-P


Thanks again Paula,

I have already contact the USCIS and set up and appointment to go to the local office this coming Wednesday.

On a separate topic, does anyone happen to know, what a request for withdraw looks like and how long does it take for it be processed?

Max.
fwaguy
QUOTE(Max2 @ Jun 11 2007, 02:17 PM) *
Thanks again Paula,

I have already contact the USCIS and set up and appointment to go to the local office this coming Wednesday.

On a separate topic, does anyone happen to know, what a request for withdraw looks like and how long does it take for it be processed?

Max.


I did one back in 2004. I simply stated that USCIS case number LINxxxxxxxxx should be closed immediately with no further action. Very short and sweet. I received official notice within a couple of weeks but my case file was current and not "stale" as yours appears to be.
Max2
QUOTE(fwaguy @ Jun 11 2007, 12:13 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:00 PM) *
1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.
2) The fact that my first application was not withdrawn properly.


IMO, #2 would have been a "nice to have" but is less important in the short term than #1. You have a "Notice on Intent" that you need to deal with post haste. So, YES submit a letter of explanation regarding the facts and circumstances about the first petition and close your disertation by saying "I hereby request a waiver"..... or something to that effect....


I have already written the letter for request for waiver and it is ready to go. I the USCIS and set up and appointment to go to the local office this coming Wednesday. I will wait to see what they have to say about this, but at the mean time, on what bases do you say that the second one is a "nice to have"?

Max.
fwaguy
QUOTE(Max2 @ Jun 11 2007, 02:23 PM) *
QUOTE(fwaguy @ Jun 11 2007, 12:13 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:00 PM) *
1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.
2) The fact that my first application was not withdrawn properly.


IMO, #2 would have been a "nice to have" but is less important in the short term than #1. You have a "Notice on Intent" that you need to deal with post haste. So, YES submit a letter of explanation regarding the facts and circumstances about the first petition and close your disertation by saying "I hereby request a waiver"..... or something to that effect....


I have already written the letter for request for waiver and it is ready to go. I the USCIS and set up and appointment to go to the local office this coming Wednesday. I will wait to see what they have to say about this, but at the mean time, on what bases do you say that the second one is a "nice to have"?

Max.


It would be nice to have or know that the original petition was officially closed... that is what I meant.
Max2
QUOTE(fwaguy @ Jun 11 2007, 12:22 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:17 PM) *
Thanks again Paula,

I have already contact the USCIS and set up and appointment to go to the local office this coming Wednesday.

On a separate topic, does anyone happen to know, what a request for withdraw looks like and how long does it take for it be processed?

Max.


I did one back in 2004. I simply stated that USCIS case number LINxxxxxxxxx should be closed immediately with no further action. Very short and sweet. I received official notice within a couple of weeks but my case file was current and not "stale" as yours appears to be.

Paula,

What is the LIN#? All I see on my letter of approval is Petitioner A#, Beneficiary A# and the receipt WAC#.

Max.
Max2
QUOTE(fwaguy @ Jun 11 2007, 12:24 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:23 PM) *
QUOTE(fwaguy @ Jun 11 2007, 12:13 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:00 PM) *
1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.
2) The fact that my first application was not withdrawn properly.


IMO, #2 would have been a "nice to have" but is less important in the short term than #1. You have a "Notice on Intent" that you need to deal with post haste. So, YES submit a letter of explanation regarding the facts and circumstances about the first petition and close your disertation by saying "I hereby request a waiver"..... or something to that effect....


I have already written the letter for request for waiver and it is ready to go. I the USCIS and set up and appointment to go to the local office this coming Wednesday. I will wait to see what they have to say about this, but at the mean time, on what bases do you say that the second one is a "nice to have"?

Max.


It would be nice to have or know that the original petition was officially closed... that is what I meant.


Okay. Thanks.

However it would be good to know what exactly USCIS requires me to do or have. In other words, if it is required then I must have it, if it is a good to have, then it should not be a big problem.

Max.
YuAndDan
QUOTE(Max2 @ Jun 11 2007, 03:27 PM) *
QUOTE(fwaguy @ Jun 11 2007, 12:22 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:17 PM) *
Thanks again Paula,

I have already contact the USCIS and set up and appointment to go to the local office this coming Wednesday.

On a separate topic, does anyone happen to know, what a request for withdraw looks like and how long does it take for it be processed?

Max.


I did one back in 2004. I simply stated that USCIS case number LINxxxxxxxxx should be closed immediately with no further action. Very short and sweet. I received official notice within a couple of weeks but my case file was current and not "stale" as yours appears to be.

Paula,

What is the LIN#? All I see on my letter of approval is Petitioner A#, Beneficiary A# and the receipt WAC#.

Max.
LIN refers to the service center that processed the case, LIN=Nebraska, MSC=Missouri, EAC=Vermont, WAC=California...
Max2
QUOTE(YuAndDan @ Jun 11 2007, 12:31 PM) *
QUOTE(Max2 @ Jun 11 2007, 03:27 PM) *
QUOTE(fwaguy @ Jun 11 2007, 12:22 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:17 PM) *
Thanks again Paula,

I have already contact the USCIS and set up and appointment to go to the local office this coming Wednesday.

On a separate topic, does anyone happen to know, what a request for withdraw looks like and how long does it take for it be processed?

Max.


I did one back in 2004. I simply stated that USCIS case number LINxxxxxxxxx should be closed immediately with no further action. Very short and sweet. I received official notice within a couple of weeks but my case file was current and not "stale" as yours appears to be.

Paula,

What is the LIN#? All I see on my letter of approval is Petitioner A#, Beneficiary A# and the receipt WAC#.

Max.
LIN refers to the service center that processed the case, LIN=Nebraska, MSC=Missouri, EAC=Vermont, WAC=California...

Thanks!
fwaguy
QUOTE(Max2 @ Jun 11 2007, 02:30 PM) *
Okay. Thanks.

However it would be good to know what exactly USCIS requires me to do or have. In other words, if it is required then I must have it, if it is a good to have, then it should not be a big problem.

Max.


The requirement for sure is for your own peace of mind. I doubt it is required if the case was closed due to inactivity. However, if in the chance it is somehow still active then you may want to simply cover your bases.
Max2
QUOTE(fwaguy @ Jun 11 2007, 12:22 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:17 PM) *
Thanks again Paula,

I have already contact the USCIS and set up and appointment to go to the local office this coming Wednesday.

On a separate topic, does anyone happen to know, what a request for withdraw looks like and how long does it take for it be processed?

Max.


I did one back in 2004. I simply stated that USCIS case number LINxxxxxxxxx should be closed immediately with no further action. Very short and sweet. I received official notice within a couple of weeks but my case file was current and not "stale" as yours appears to be.


Fwaguy,

Does the letter needs to be notarized? I mean anyone with the right amount of information can send a letter to USCIS and ask for a complete termination of a visa. Since I scheduled a meeting with the local immigration office, I would like to have the letter complete ready to be filed if they require me to do so.
Max2
QUOTE(Paula&Minya @ Jun 11 2007, 12:12 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:00 PM) *
QUOTE(Paula&Minya @ Jun 11 2007, 11:54 AM) *
If you're now considering filing another I-129F application for another fiancee, I'm not sure, but I think you want to send a letter to USCIS officially withdrawing the previous application. Maybe someone with more info can answer this for you, but if you're looking at filing a new petition, you want to make sure you document your previous petition's withdrawal, or permanent "closing".

-P

Paula,

That is exactly the situation. With one exception, and that is I have already filed for the second one back in March of 2007, and a few days back I received a "Notice of Intent to Deny" since I have already had more that one Fiancé visa approved over the last 2 years. But I need to know what I can do at this point to make things right. Therefore, the issues might be two fold:
1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.
2) The fact that my first application was not withdrawn properly.

I would greatly appreciate any assistance.

Thanks,
Max.


I just saw that you posted your question in the IMBRA Special Topics forum, where I was about to direct you. Kitkat answered your question there. Read the reply, its quite informative and tells you what you need to do. In the meantime, you should still get in touch w/ USCIS through their 1800 number and inquire about the process to withdraw your previous petition. You would probably need to have proof that you withdrew your previous petition to mail with this letter response to your NOID.

Good luck,
-P


Paula,

I can not find the answer provided by KitKat. Would you please provide me a link to the answer you are referring to?

Thanks,
Max.
fwaguy
QUOTE(Max2 @ Jun 11 2007, 02:50 PM) *
QUOTE(fwaguy @ Jun 11 2007, 12:22 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:17 PM) *
Thanks again Paula,

I have already contact the USCIS and set up and appointment to go to the local office this coming Wednesday.

On a separate topic, does anyone happen to know, what a request for withdraw looks like and how long does it take for it be processed?

Max.


I did one back in 2004. I simply stated that USCIS case number LINxxxxxxxxx should be closed immediately with no further action. Very short and sweet. I received official notice within a couple of weeks but my case file was current and not "stale" as yours appears to be.


Fwaguy,

Does the letter needs to be notarized? I mean anyone with the right amount of information can send a letter to USCIS and ask for a complete termination of a visa. Since I scheduled a meeting with the local immigration office, I would like to have the letter complete ready to be filed if they require me to do so.


Mine was not....
ding
QUOTE(fwaguy @ Jun 11 2007, 05:15 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:50 PM) *
QUOTE(fwaguy @ Jun 11 2007, 12:22 PM) *
QUOTE(Max2 @ Jun 11 2007, 02:17 PM) *
Thanks again Paula,

I have already contact the USCIS and set up and appointment to go to the local office this coming Wednesday.

On a separate topic, does anyone happen to know, what a request for withdraw looks like and how long does it take for it be processed?

Max.


I did one back in 2004. I simply stated that USCIS case number LINxxxxxxxxx should be closed immediately with no further action. Very short and sweet. I received official notice within a couple of weeks but my case file was current and not "stale" as yours appears to be.


Fwaguy,

Does the letter needs to be notarized? I mean anyone with the right amount of information can send a letter to USCIS and ask for a complete termination of a visa. Since I scheduled a meeting with the local immigration office, I would like to have the letter complete ready to be filed if they require me to do so.


Mine was not....

Neither was mine.

I doubt anyone would be crazy enough to maliciously send a withdrawal letter. If someone is vengeful enough to risk forging a signature to the Department of Homeland Security, ya probably need to hide! ph34r.gif
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