What information do I need to include in my letter to cancel the I-129F?

[Vintage 0]

I'm wrote a letter to cancel the I-129F process (My fiancees visa was denied and we're getting married).

In the letter I've included the reasons why I want to cancel the petition. The reciept number and the type of petition. Is there anything else I need to include in this letter?

[Chica Yeyé 41]

I do not know; but I wish you the best of luck; and sorry to hear about your denial. Just make sure you are aware that getting married does not guarantee approval for a K-3 or a CR-1 visa: make the strongest case you possibly can. May I ask why she was denied?

[Vintage 0]

They thought she was coming here to work and not to marry me.

[Dakine 26]

I'm wrote a letter to cancel the I-129F process (My fiancees visa was denied and we're getting married).

In the letter I've included the reasons why I want to cancel the petition. The reciept number and the type of petition. Is there anything else I need to include in this letter?

Be sure and have the letter notarized!

[Cuchita 1]

But if its already denied, it shouldn' be valid anymore. Or are you talking about a regular tourist visa that was denied?.

Edited April 7, 2009 by Cuchita

[Vintage 0]

I filed for the I-129F visa. We were denied at the interview. Our case is under review at the USCIS. I just want to cancel it to avoid any future problems.

[Sylvia_n_Joseph 3]

The actual advice is no NOT cancel it. SOmehow if you cancel it the systems takes the consulates opinion as fact and if you just let it sit then it is still in review. You address whatever their beef was in your next petition.

[Dakine 26]

The actual advice is no NOT cancel it. SOmehow if you cancel it the systems takes the consulates opinion as fact and if you just let it sit then it is still in review. You address whatever their beef was in your next petition.

Who's giving "The actual advice"?

[Chica Yeyé 41]

The actual advice is no NOT cancel it. SOmehow if you cancel it the systems takes the consulates opinion as fact and if you just let it sit then it is still in review. You address whatever their beef was in your next petition.

Who's giving "The actual advice"?

I've heard that before as well Haole.

However, what I think the OP should weigh right now is that marrying his fiancee does not in any way guarantee a visa.

To the OP: what if any instructions did you receive at the interview?

[catknit 144]

Haole - many of us with returned petitions have had more than one attorney state that if you plan to go forward with your lives together and at a later date will still pursue a visa do NOT cancel the returned petition. It can be seen as a de facto agreement that the CO's conclusions/reccomendations were correct and that if you try to refile you can get slapped with a misrepresentation...

Additionally, to any K1 filer with a returned petition, DOS has a memo from last May stating that the service centers should expire denied K1 cases. There shouldn't be anything to cancel.

http://www.dhs.gov/xlibrary/assets/cisomb_..._2008-05-23.pdf

To the OP - if you are going forward with your relationship and want some info on what you can try to do, who to contact, etc...there is a sticky thread in MENA about returned petitions. Many people there have been dealing with a 221g denial - not sure if you're in the same boat. If the denial can be resolved with a waiver [should be on the paperwork], there is a forum here that deals with that too with some really great helpful people.

My heart goes out to you, having a denial is absolutely heart wrenching...

[Sylvia_n_Joseph 3]

The actual advice is no NOT cancel it. SOmehow if you cancel it the systems takes the consulates opinion as fact and if you just let it sit then it is still in review. You address whatever their beef was in your next petition.

Who's giving "The actual advice"?

Marc Ellis

[Vintage 0]

Ok, I've heard of a case where a couple was denied their K-1 visa, and then when they went through with a marriage and tried to get the K-3, somehow the beneficiary was banned from entering the United States. This is why I'm worried, and why I want to make sure this doesn't happen to me once I go through the K-3 route.

[Vintage 0]

I recieved a sheet with Dection 212(a)(5)(A) highlighted. It says we didn't provide enough evidence.

This was our second interview, in which I had to get interviewed.

[Vintage 0]

Just talked with a lawyer, and he told me to send the letter. Ha! this is like millionaire, when you use up all your lifelines and you still have no clue what the answer is.

[catknit 144]

Vintage - That describes it to a T...too bad it's our futures that they are playing with here.

What does your fiancee do? I don't get how it applies to a relationship based visa. Has she been to the US and overstayed a work visa?

I would try posting here:

http://www.visajourney.com/forums/index.php?showforum=113

Ok some more fuel for the fire....

http://www.ilw.com/articles/2006,0323-ellis.shtm

Read that - it's scary as all get out - I know.

Also get in touch with your senators/congress person to get a real feel for what went on with your case. Right now holding steady to figure out what is happening/had happened is probably in your best interest. A couple weeks to figure out a strategy may save you a lot of heartache down the road...