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Khomer1964

Cancelling K-1 application

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Filed: AOS (pnd) Country: China
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Hello,

I am new to the forum. I have a situatoion that i need assistance with.

I am american and I met a very nice Chinese woman and we want to start the k-1 fiancee Visa process. She informed me that she had met an american a year ago and that he had sent in an application for a K-1 Visa when he return to the US. She says that when he returned, he stopped all communication with her. she tried to email him several times but he has not responded in over 6 months. she knows he is still alive, but he refuses to return her emails and calls. she suspects he has another girlfriend now.

My Chinese GF now says she received a packet in the mail from USCIS saying that her interview is coming up, but she does not want to marry this guy. She has not heard a word from him.

My question is this: How does she get this K-1 cancelled so that it does not interfere with us when we decide to to file for a K-1. She cannot get in touch with him and ask him to cancel it, because he will not respond. Does he have to cancel this application? If he does not cancel, is there a way for her to cancel this? Will this put a red flag on any future filings that she or I make?

Any help would be greatly appreciated.

Thank you

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Filed: Citizen (apr) Country: Ukraine
Timeline
Hello,

I am new to the forum. I have a situatoion that i need assistance with.

I am american and I met a very nice Chinese woman and we want to start the k-1 fiancee Visa process. She informed me that she had met an american a year ago and that he had sent in an application for a K-1 Visa when he return to the US. She says that when he returned, he stopped all communication with her. she tried to email him several times but he has not responded in over 6 months. she knows he is still alive, but he refuses to return her emails and calls. she suspects he has another girlfriend now.

My Chinese GF now says she received a packet in the mail from USCIS saying that her interview is coming up, but she does not want to marry this guy. She has not heard a word from him.

My question is this: How does she get this K-1 cancelled so that it does not interfere with us when we decide to to file for a K-1. She cannot get in touch with him and ask him to cancel it, because he will not respond. Does he have to cancel this application? If he does not cancel, is there a way for her to cancel this? Will this put a red flag on any future filings that she or I make?

Any help would be greatly appreciated.

Thank you

ONLY a USC can "cancel" or wihdraw a petition, but it is already approved, so too late for that. Your girlfriend simply needs to ignore the notice for the interview. The foreign beneficiary applies for a VISA, the USC petitions to allow her to do so. She cannot withdraw his "request" to allow her to apply for a visa, it is done. She can simply not apply for a visa. If she does not apply, no visa will be issued and the petition will expire 4 months after it was approved. It has no affect on her being able to apply in the future for a visa, BUT she may be asked some questions about it at a future interview. Just tell the truth. No harm, no foul.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Citizen (apr) Country: Ukraine
Timeline
She can also write to the consulate that she will not be applying for the visa because the relationship ended XXXX months ago.

True, since they are "expecting you" it may be a polite thing to do, but nothing can be "withdrawn", she will just not apply and it will die of old age in 4 months. The whole thing will eventually be sent back to the petitioner.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Citizen (apr) Country: Ireland
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She can also write to the consulate that she will not be applying for the visa because the relationship ended XXXX months ago.

That would be the best option.

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

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Filed: AOS (pnd) Country: China
Timeline
Hello,

I am new to the forum. I have a situatoion that i need assistance with.

I am american and I met a very nice Chinese woman and we want to start the k-1 fiancee Visa process. She informed me that she had met an american a year ago and that he had sent in an application for a K-1 Visa when he return to the US. She says that when he returned, he stopped all communication with her. she tried to email him several times but he has not responded in over 6 months. she knows he is still alive, but he refuses to return her emails and calls. she suspects he has another girlfriend now.

My Chinese GF now says she received a packet in the mail from USCIS saying that her interview is coming up, but she does not want to marry this guy. She has not heard a word from him.

My question is this: How does she get this K-1 cancelled so that it does not interfere with us when we decide to to file for a K-1. She cannot get in touch with him and ask him to cancel it, because he will not respond. Does he have to cancel this application? If he does not cancel, is there a way for her to cancel this? Will this put a red flag on any future filings that she or I make?

Any help would be greatly appreciated.

Thank you

ONLY a USC can "cancel" or wihdraw a petition, but it is already approved, so too late for that. Your girlfriend simply needs to ignore the notice for the interview. The foreign beneficiary applies for a VISA, the USC petitions to allow her to do so. She cannot withdraw his "request" to allow her to apply for a visa, it is done. She can simply not apply for a visa. If she does not apply, no visa will be issued and the petition will expire 4 months after it was approved. It has no affect on her being able to apply in the future for a visa, BUT she may be asked some questions about it at a future interview. Just tell the truth. No harm, no foul.

Great information. Thank you to everyone who replied. I will forward to my gf.

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Filed: AOS (apr) Country: Kenya
Timeline
Hello,

I am new to the forum. I have a situatoion that i need assistance with.

I am american and I met a very nice Chinese woman and we want to start the k-1 fiancee Visa process. She informed me that she had met an american a year ago and that he had sent in an application for a K-1 Visa when he return to the US. She says that when he returned, he stopped all communication with her. she tried to email him several times but he has not responded in over 6 months. she knows he is still alive, but he refuses to return her emails and calls. she suspects he has another girlfriend now.

My Chinese GF now says she received a packet in the mail from USCIS saying that her interview is coming up, but she does not want to marry this guy. She has not heard a word from him.

My question is this: How does she get this K-1 cancelled so that it does not interfere with us when we decide to to file for a K-1. She cannot get in touch with him and ask him to cancel it, because he will not respond. Does he have to cancel this application? If he does not cancel, is there a way for her to cancel this? Will this put a red flag on any future filings that she or I make?

Any help would be greatly appreciated.

Thank you

ONLY a USC can "cancel" or wihdraw a petition, but it is already approved, so too late for that. Your girlfriend simply needs to ignore the notice for the interview. The foreign beneficiary applies for a VISA, the USC petitions to allow her to do so. She cannot withdraw his "request" to allow her to apply for a visa, it is done. She can simply not apply for a visa. If she does not apply, no visa will be issued and the petition will expire 4 months after it was approved. It has no affect on her being able to apply in the future for a visa, BUT she may be asked some questions about it at a future interview. Just tell the truth. No harm, no foul.

Great information. Thank you to everyone who replied. I will forward to my gf.

And, there is a place on the I-129F form that asks has a petition been previously filed for the beneficiary. The answer will be Yes.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: K-1 Visa Country: Canada
Timeline
My Chinese GF now says she received a packet in the mail from USCIS saying that her interview is coming up, but she does not want to marry this guy. She has not heard a word from him.

Just an observation but the USCIS should not be telling her anything about an interview if she applied for a K1, that's the consulates job. Also they would not book her an interview without her first having receieved and returned her pakcet 3 information.

K-1

05/05/2009 - NOA1

07/17/2009 - NOA2

08/27/2009 - Visa Received

10/09/2009 - Married

AOS/EAD

11/18/2009 - NOA1

01/15/2010 - EAD Approved

02/25/2010 - AOS Interview

Adjuticator's Field Manual

Old VJ Adjuticator Q/A

Disclaimer : 100% of the time I only think I know what I'm talking about.

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