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Filed: Country: Vietnam
Timeline
Posted

I filed for an I-130 for my wife there were mistakes on it I would rather not correct with a cover letter I would just like to cancel it and refile. Is this possible and what will happen to the K1 that is out there that was denied I have not gotten a notice that it has expired and I have not cancled it. would the consulate finding become as matter of fact and would the 212 kick in? I was going to cancel it and file in a month or two after I cleared up the mistakes refile. It has not been approved yet I sent it in a few weeks ago.

K-1 Visa

Event Date

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

I-129F Sent : 2008-03-25

I-129F NOA1 : 2008-04-05

I-129F NOA2 : 2008-08-04

Interview Date : 2008-11-06

Interview Result : Denied 2008-12-05

Round 2

IR-1 / CR-1 Visa

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage : 2009-04-13

I-130 Sent : 2009-04-28

I-130 NOA1 : 2009-04-29

I-130 Approved : 2009-09-09

Packet 3 Received : 2009-10-05

Packet 4 Received : 2009-11-13

Interview Date : 2009-12-23

Interview Result : Approved

Visa Received : 2010-01-07

POE minneapolis 02-19-10

By my side happy everafter 02-19-10

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
I filed for an I-130 for my wife there were mistakes on it I would rather not correct with a cover letter I would just like to cancel it and refile. Is this possible and what will happen to the K1 that is out there that was denied I have not gotten a notice that it has expired and I have not cancled it. would the consulate finding become as matter of fact and would the 212 kick in? I was going to cancel it and file in a month or two after I cleared up the mistakes refile. It has not been approved yet I sent it in a few weeks ago.

Did you ever receive of Notice of Intent to Deny/Revoke from the USCIS service center on the original K1? If so, did you respond to it? If not, you may need to file for a waiver. You might not discover that a finding of misrepresentation under 221(g) has been entered until she shows up for the next interview. First thing you should do is find out what happened to your original K1. If it was ultimately revoked then your fiancee probably has a 221(g) strike in her record, and you're going to need a waiver. If it hasn't been revoked yet then you should ask for the Notice of Intent so that you can respond to it, even though it might already be too late. That K1 might come back to haunt you if you don't deal with it.

I don't know about the process for cancelling the I-130. Someone with experience will have to chime in on that.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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