STOPPING K1 PROCESS B4 APPROVAL.......

[jamrok 0]

Hello Everyone,

I have a friend who is in this rather tight spot. He currently has a K1 visa application being process

for his foreign Fiance'....application is not approved yet (NOA2).....what happens if he is having doubts about this and wants to stop the process? How does he go about doing that and how does that affect his ability

to submit another K1 Visa application for another Fiance' if that need arises? Has anyone been in that situation before? Please advice.

[dwar49 0]

If he has his NOA1, he needs to send a letter to the service center that he submitted his petition to requesting it be withdrawn. The letter needs to have his Case number on it, his name and his former fiancee's name. The envolope should be marked with the case number also so that it gets to the right desk. He can also request return of all documents sent.

I am not sure whether they return all documents or not but he should request it anyway.

Again not 100% how it would effect later I-129Fs petitions he submitted. With the new IMBRA laws I am not sure anyone can answer that with certainity.

[Dean iWait 0]

From my understanding it only applies to Approved K-1 petitions in regards to max number you can file. Whether that means Approved from USCIS or Approved K-1 Visa in hand I don't know. I would send a letter overnight to USCIS to cancel along with an email to cancel.

[rosyanne 0]

Yes, sending a letter to your service center will cancel the process.

[jamrok 0]

he understand that sending a letter will cancel the process, what he wants to know is; will it

adversely affect furure K1 Visa petition for him and also if anyone has heard of this sort of situation before.

[Dean iWait 0]

he understand that sending a letter will cancel the process, what he wants to know is; will it

adversely affect furure K1 Visa petition for him and also if anyone has heard of this sort of situation before.

When I read the law it only speaks about Approved petitions. But I'm no attorney, so there you go.

[sbgwolf1 0]

he understand that sending a letter will cancel the process, what he wants to know is; will it

adversely affect furure K1 Visa petition for him and also if anyone has heard of this sort of situation before.

When I read the law it only speaks about Approved petitions. But I'm no attorney, so there you go.

I know I had to request a waiver because I had a previously approved one in the past 2 years. If he has doubts, he may want that cancelled before there is approval. After that, if things dont work out and he finds someone else, it may cause problems....we are still waiting to see how this process works, but I did have to ask for the waiver.

[William33 110]

Wow, your friend is already having second thoughts? And yet, there was an inference of contemplation to a new I129-F, I caught that one!!!! Trouble in the making!!!

Anyway, I agree with dwar49's assessment again. dwar49, you are "up" on these issues.. You da man!!!!!

[jamrok 0]

Thanks for the advice guys

[jamrok 0]

Thanks for the advice guys

Anymore input on this matter?

[vartan 0]

well straight from IMBRA it states, so it sounds like if you cancel a case that was not approved you are cool .. but this is all just assumption.. you won't know until then.

‘‘(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more

applying aliens; and

H. R. 3402—108

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously

approved petition.

‘‘(B) The Secretary of Homeland Security may, in the Secretary’s

discretion, waive the limitations in subparagraph (A) if justification

exists for such a waiver. Except in extraordinary circumstances

and subject to subparagraph ©, such a waiver shall not be granted

if the petitioner has a record of violent criminal offenses against

a person or persons.

then later it states

‘‘(4)(A) The Secretary of Homeland Security shall create a database

for the purpose of tracking multiple visa petitions filed for

H. R. 3402—109

fiance´(e)s and spouses under clauses (i) and (ii) of section

101(a)(15)(K). Upon approval of a second visa petition under section

101(a)(15)(K) for a fiance´(e) or spouse filed by the same United

States citizen petitioner, the petitioner shall be notified by the

Secretary that information concerning the petitioner has been

entered into the multiple visa petition tracking database. All subsequent

fiance´(e) or spouse nonimmigrant visa petitions filed by that

petitioner under such section shall be entered in the database.

‘‘(B)(i) Once a petitioner has had two fiance´(e) or spousal petitions

approved under clause (i) or (ii) of section 101(a)(15)(K), if

a subsequent petition is filed under such section less than 10

years after the date the first visa petition was filed under such

section, the Secretary of Homeland Security shall notify both the

petitioner and beneficiary of any such subsequent petition about

the number of previously approved fiance´(e) or spousal petitions

listed in the database.

[dwar49 0]

Vartan

I have read that portion of the law numerous times. I still stand with my first comment. No one knows what it effect having multiple applications (whether approved or not) will affect future ones.

How those laws are put into practice wont be clear until this IMBRA thing is fully implemented.

He needs to know that there is a good chance that he will be in the data base as a person who has submitted multiple applications and that could affect his chances in the future.

[vartan 0]

He needs to know that there is a good chance that he will be in the data base as a person who has submitted multiple applications and that could affect his chances in the future.

Dwar, I agree totally (who knows at what stage the data entry is for that database, whether it is right when the 1-129f is received or when it is sent to NVC or what.. no one really knows until someone is affected by it).. plus if it is put in the database if he has a new fiance down the road and they show her .. "Oh hey this guy applied for a fiance visa and then cancelled before it was approved" This could put a sour taste in a new fiances mouth knowing this..

Jamrok, Please understand in my comments I am not judging your friend just stating that it is important to try and get all this right the first time