Jump to content
justin0811

Broke up while K1 Visa on process

20 posts in this topic

Recommended Posts

Hi, I hope somebody can help me. I was filed for K1 petition, but my fiance and I broke up before I was even interviewed at the embassy and wedding no longer taking place.

Question 1: Is this going to complicate any future EB3 petition(employer petition) as I am also a nurse?

Question 2: Should I still attend the upcoming embassy interview as I know K1 visa is for single entry only?

Question 3: Should I ask my fiance to send USCIS a letter withdrawing the petition?

Share this post


Link to post
Share on other sites

Hi, I hope somebody can help me. I was filed for K1 petition, but my fiance and I broke up before I was even interviewed at the embassy and wedding no longer taking place.

Question 1: Is this going to complicate any future EB3 petition(employer petition) as I am also a nurse?

Question 2: Should I still attend the upcoming embassy interview as I know K1 visa is for single entry only?

Question 3: Should I ask my fiance to send USCIS a letter withdrawing the petition?

Withdraw the petition so it will lesson the possibility of any future problems.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Share this post


Link to post
Share on other sites

Why would you attend the Interview?

You can ask him to withdraw, If I was you I would write the USEM and notarize and ask for a withdraw of the petition

NO this should not effect a future EB3 petition

Share this post


Link to post
Share on other sites

Only the USC petitioner can withdraw the I-129F petition. Ask your fiance to withdraw it. You can contact the consulate to let them know you will no longer interview and withdraw your K-1 visa application.

I am not sure why you are asking if you should attend the interview.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites

Only the USC petitioner can withdraw the I-129F petition. Ask your fiance to withdraw it. You can contact the consulate to let them know you will no longer interview and withdraw your K-1 visa application.

Incorrect - I have the paperwork to prove it.......

Share this post


Link to post
Share on other sites

~~Duplicate thread merged~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

Incorrect - I have the paperwork to prove it.......

How can the beneficiary withdraw the I-129F petition that was not filed by them? You have paperwork showing a foreign fiance(e) withdrew an I-129F petition?

8 CFR 103.2

(6) Withdrawal. An applicant or petitioner may withdraw an benefit request at any time until a decision is issued by USCIS or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status, based on the petition. However, a withdrawal may not be retracted.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites
Hi, I hope somebody can help me. I was filed for K1 petition, but my fiance and I broke up before I was even interviewed at the embassy and wedding no longer taking place.
Question 1: Is this going to complicate any future EB3 petition(employer petition) as I am also a nurse?
Question 2: Should I still attend the upcoming embassy interview as I know K1 visa is for single entry only?
Question 3: Should I ask my fiance to send USCIS a letter withdrawing the petition?

Tell your ex to withdraw the petition and let the consulate know you're not going to the interview. You should not attend the interview as you would just be wasting your time. You can't use that visa anymore as you do not have a US fiance.






Share this post


Link to post
Share on other sites

How can the beneficiary withdraw the I-129F petition that was not filed by them? You have paperwork showing a foreign fiance(e) withdrew an I-129F petition?

8 CFR 103.2

(6) Withdrawal. An applicant or petitioner may withdraw an benefit request at any time until a decision is issued by USCIS or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status, based on the petition. However, a withdrawal may not be retracted.

Yes, I have a standard form letter from US Embassy in Manila. When a petition is withdrawn it say on it "Withdrawn by Petitioner or Beneficiary, and they circle which one withdrew the petition.....

Share this post


Link to post
Share on other sites

Yes, I have a standard form letter from US Embassy in Manila. When a petition is withdrawn it say on it "Withdrawn by Petitioner or Beneficiary, and they circle which one withdrew the petition.....

Is that form accessible online?


USCIS BE LIKE.......WE ARE WORKING AS FAST AS WE CAN GUYS!

snail_mail.jpg

28 Sep 2014 -- Mailed I-129F

01 Oct 2014 -- I-129F Delivered to USCIS

06 Oct 2014 -- NOA1 Received via Text/Email

14 Oct 2014 -- NOA1 Hard Copy Received

23 Oct 2014 -- Petition Approved as per USCIS website

30 Oct 2014 -- NOA2 Hard Copy Received

07 Nov 2014 -- NVC Received Petition

10 Nov 2014 -- NVC Case Number Assigned

17 Nov 2014 -- Status Update "Ready for Interview" as per CEAC website

20 Nov 2014 -- NVC Case# Notice Received

22 Nov 2014 -- Medical

16 Dec 2014 -- Interview

18 Dec 2014 -- 221(g) Received via email

22 Dec 2014 -- RFE Instructions received via email

05 Feb 2015 -- RFE Requirements submitted

15 Apr 2015 -- Visa Issued as per CEAC Website

17 Apr 2015 -- Received Embassy Email, Visa on the way!!!!

20 Apr 2015 -- Visa OnHand :)

27 Apr 2015 -- CFO Appointment

Share this post


Link to post
Share on other sites

I spent 2 years in the Phils., with my wife, while waiting for NOA 2.,.,saw a lot of forms, and paperwork especially at the Visa Company we used..,..,.I never saw such a "form letter" letting the beneficiary withdraw the petition.

Not, to say it does not exist, I would just like to see it, as I believe the quote from the 8 CFR, about the petitioner being the one to withdraw the K-1.

OP, ask your ex to please withdraw the K-1 and wipe the "slate clean!" For both of you.

Share this post


Link to post
Share on other sites

Why would you attend an interview? He needs to withdraw the petition by writing to each certified mail. USCIS the NVC and the Manila Embassy. He needs to include the petition or USCIS case # names, address, and birth dates. He needs to send those letters certified mail here in the USA, and just mail the last one to the US embassy in Manila. He needs to state Please with draw petiton for and the rest filled with the above information.

Share this post


Link to post
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.
×