what is the process for withdrawing a petition?

[rebeccajo 14]

The only thing I see 'wrong' with your plan is the sponsorship. Do you have that taken care of? I mean, if you are there you obviously can't be working in the states. Just wonderin'......

CR1, in my opinion, IS the best way to come to America from the immigrants standpoint. It comes with a social security number, work authorization and the whole ball of wax. But it does take longer than a K1. Of course you have to be married to file for it...

Edited July 29, 2006 by rebeccajo

[rebeccajo 14]

Oh, I would also like to add....I haven't kept up to speed with London lately BUT, typically they do slow down in the summer and then get back to their regular pace by early September. Just a thought.

[iceyspots 0]

I'm sorry I hate to see you do this... are you sure you don't want to give it a couple of days to cool off?

Sorry it just makes me sad.

I think you can write a letter to withdraw it if you want to.

I'm sorry

Sarah

thank you. But you don't have any reason to be sad. We're not calling things off, we're just going to go about things a different way. We're going to get married, and then I'm going to go live with him there for a year while we try for a CR-1 to bring him here.

Just thought I'd withdraw my petition so that others don't have to wait for them to finish processing mine before getting theirs done.

I'm wondering if the POE would be able to look and see that he had a cancelled K-1, I wonder if they would give him ####### and deny entry to New York ? anyone have insight on this?

[no name 1]

Oh, I would also like to add....I haven't kept up to speed with London lately BUT, typically they do slow down in the summer and then get back to their regular pace by early September. Just a thought.

Yeah, on the CURRENT UK timelines here, it's 2-3 months.

[luvaLimey 0]

The only thing I see 'wrong' with your plan is the sponsorship. Do you have that taken care of? I mean, if you are there you obviously can't be working in the states. Just wonderin'......

CR1, in my opinion, IS the best way to come to America from the immigrants standpoint. It comes with a social security number, work authorization and the whole ball of wax. But it does take longer than a K1. Of course you have to be married to file for it...

As you have to be married to enter the UK on a spousal visa, I think we'll qualify for the CR-1. We're also planning on using savings/assets for the sponsorship. On his wage, he'll make enough to support the both of us. Since I'll also be working, everything I earn will go directly into savings.

If we were going to wait out the K-1, there would be more to consider than just how long it would take to process the visa. He's also got some debts to pay off and wanted to save up enough that he wouldn't be too much of a burden on me while waiting for the AOS. Thing was, after looking at how long that would take, it still wouldn't be until next year that he got here.

[luvaLimey 0]

Could you explain the CR-1 process your speaking of?? How does all that work?? And how can you get a job asap on that visa?? I'm very curious!!!

Rebeccajo gave a good concise explanation as to why you can work immiediately upo entry. Basically, you get the visa AND adjust status all before entering the country.

This visa only applies to people who are already married. In most countries you can file directly with the consulate and it's generally a lot faster. In some countries they have no residency requirement for the USC (like the Netherlands, for instance) but in the UK, you have to have Indefinite Leave to Remain, which you can only get after you've been living in the UK on the Further Leave to Remain for two years (you can also get it along with the settlement visa if you've been married to your UKC partner for two years, but that's another issue and not really relevant to this). So, I'll be using my Dad's US address as my domicile and mailing address while I'm over there and file it as though I was still in the US.

The CR-1 does take some time. There is a "faster" visa option for spouses called the K-3, which grants entry, but then they'd still have to wait for AOS before they could work. By default, if you apply for the K-3, you're also put in the running for the CR-1 and you can wait them both out and if one is approved first, you can abandon the other.

There's more info here:

http://www.visajourney.com/forums/index.php?showtopic=302

[sarah and hicham 3]

I'm glad to see it wasn't what I thought it was!

Good luck!

[cd1111 0]

Is it as simple as writig a letter to USCIS? Would I send it to the CSC?

Thanks.

We might do the same thing. The lawyer wants us to withdraw our I-129F and I-212, then get married and file for I-212 with K-3. I just don't want to consider giving up on our application process right now as we are very close to I-129F approval. Although, if we don't see any good progress before October, we might consider getting married and I will be moving to a Mexico or Belize, so he can visit me more often and start a family. Good luck to us!

[ihatevj 0]

I'm wondering if the POE would be able to look and see that he had a cancelled K-1, I wonder if they would give him ####### and deny entry to New York ? anyone have insight on this?

They could give ####### because I entered without having cancelled the K1, or because I did cancel the K1.

U.S immigration can be very overzealous and for any reason they want to be; I've heard of people who've filed for nothing, then come to the U.S under the visa waiver program, getting denied entry and then denied any future entry for years after just because thier passport had too many recent U.S stamps and they admitted they were coming to see thier fiance.

UK immigration can be just as bad though, my fiancee got a grilling when she came over last to see me before they let her through.

For countries that are supposedly close allies, we can have a have a fu**ing hard time getting on each others turf.

[FutureAmerican 2]

Thanks for posting this question, Luvalimey, as we're in a very similar position - will be getting married in the UK on August 17th and then filing for CR-1 whilst both living and working in the UK...we'll wait until we are actually married before sending off the letter of cancellation just in case there's any last minute change of plans. Does anyone know if on the CR-1 application, this will count as having a previous visa "denied", or not because we chose to cancel it ourselves?

[rebeccajo 14]

The only thing I see 'wrong' with your plan is the sponsorship. Do you have that taken care of? I mean, if you are there you obviously can't be working in the states. Just wonderin'......

CR1, in my opinion, IS the best way to come to America from the immigrants standpoint. It comes with a social security number, work authorization and the whole ball of wax. But it does take longer than a K1. Of course you have to be married to file for it...

As you have to be married to enter the UK on a spousal visa, I think we'll qualify for the CR-1. We're also planning on using savings/assets for the sponsorship. On his wage, he'll make enough to support the both of us. Since I'll also be working, everything I earn will go directly into savings.

If we were going to wait out the K-1, there would be more to consider than just how long it would take to process the visa. He's also got some debts to pay off and wanted to save up enough that he wouldn't be too much of a burden on me while waiting for the AOS. Thing was, after looking at how long that would take, it still wouldn't be until next year that he got here.

Luvalimey, when I commented about having to be married to file a CR-1, I added that for the edification of other readers who might not be familiar with the visa. I wasn't inferring that you didn't know (in case that is how it read).

Let me also say that I'm not trying to discourage you from what you are planning. I'm merely offering my opinion plus having an educated discussion. Allow me a paragraph to preface what I'm about to say with a brief summary of our personal sponsorship issues.

I am a working mom of one son with a permanent PART TIME job that did not give us the income figure we needed for a family of three. I receive child support from my ex for my son which put us over the poverty limit but I was uncertain if DHS would count that income. I had substantial cash assets and equity in my home that covered any shortfall (should DHS disallow the child support) but I was still uncertain if we would be approved. Therefore I sought out my Father as a co-sponsor. At the end of the day (during our AOS process) DHS approved me as the sole sponsor and gave me back the I-864 packet my Father had submitted. So, using cash assets worked for us. However......

Am I reading correctly in that you are planning on using assets as your ENTIRE basis for support? And are these assets you have now or will be accruing as you work in the UK? I see in your timeline that you have children - please remember that assets must equal THREE times the amount of income needed - I don't know what your family size is, but considering a family of just two, one would need nearly $51000 in the bank.

As I said I am not trying to discourage you. Maybe one of the VJ elite will step into this thread and offer their opinion about sponsorship using ONLY assets (ie US unemployment). I have seen many discussions in this community about sponsoring, assets and unemployment and usually it's been advised to seek a co-sponsor.

Just my 2 cents worth. I wouldn't bring this up if I didn't think it were important to you as well as any others reading this thread who might be considering waiting out this particular visa in their loved ones country.

Edited July 30, 2006 by rebeccajo

[joeyjoey 1]

Luvalimey,

I understand what you're saying. My Fiancee and I are doing a K-1. I visit my Fiancee for about 10 days every 3 months. Yes, we decided before we committed to this VISA process that we'd endure whatever was necessary. Do I want things to happen faster? Certainly! We understand the process and don't wish to complicate things later for some time together now.

I respect your decision. I have a career here, so I can't go to live in Brazil. Fernanda and I are both impatient souls! She checks our case status at USCIS.gov everyday and our VISA won't be approved until late October or early November. Yep, we'll have the wait at NVC, and the wait for the packet, the medical, and the interview. But it's all part of the process for me and my Fiancee! Good luck to you and I hope that things work out the way you expect. Tchau!

And double check that "CR-1" visa route, just to be sure!

Joey

[Yodrak 7]

luvaLimey,

Yes, it's that simple. Send the letter to the Service Center that is processing the petition. (When I cancelled my I-129f petition it took the SC several months to acknowledge my letter, by which time the petition had already been approved.)

Yodrak

Is it as simple as writig a letter to USCIS? Would I send it to the CSC?

Thanks.

[luvaLimey 0]

Luvalimey, when I commented about having to be married to file a CR-1, I added that for the edification of other readers who might not be familiar with the visa. I wasn't inferring that you didn't know (in case that is how it read).

Let me also say that I'm not trying to discourage you from what you are planning. I'm merely offering my opinion plus having an educated discussion. Allow me a paragraph to preface what I'm about to say with a brief summary of our personal sponsorship issues.

I am a working mom of one son with a permanent PART TIME job that did not give us the income figure we needed for a family of three. I receive child support from my ex for my son which put us over the poverty limit but I was uncertain if DHS would count that income. I had substantial cash assets and equity in my home that covered any shortfall (should DHS disallow the child support) but I was still uncertain if we would be approved. Therefore I sought out my Father as a co-sponsor. At the end of the day (during our AOS process) DHS approved me as the sole sponsor and gave me back the I-864 packet my Father had submitted. So, using cash assets worked for us. However......

Am I reading correctly in that you are planning on using assets as your ENTIRE basis for support? And are these assets you have now or will be accruing as you work in the UK? I see in your timeline that you have children - please remember that assets must equal THREE times the amount of income needed - I don't know what your family size is, but considering a family of just two, one would need nearly $51000 in the bank.

As I said I am not trying to discourage you. Maybe one of the VJ elite will step into this thread and offer their opinion about sponsorship using ONLY assets (ie US unemployment). I have seen many discussions in this community about sponsoring, assets and unemployment and usually it's been advised to seek a co-sponsor.

Just my 2 cents worth. I wouldn't bring this up if I didn't think it were important to you as well as any others reading this thread who might be considering waiting out this particular visa in their loved ones country.

OOps! I think I did read it that way. Sorry.

I actually really appreciate the advice you're giving. I know it's because you'd hate to see someone end up in a bad situation through lack of planning or foresight.

Since everything I earn there will be going into savings, and I have a good idea of what I could possibly earn, I think we'll have about that much saved before heading back over. I think we're going to try with just us first, and if that's not sufficient, we'll get a co-sponsor at that point. I was also planning on contacting the consulate to see what they take into account when the USC is living abroad and working there: whether they would count the current salary and qualifications in addition to the savings in determining if there would be sifficient support.

He also has some property he'll be selling, so we'll probably be ok. Again, thanks for the heads-up. We'll definitely keep in mind that a co-sponsor may be needed.

luvaLimey,

Yes, it's that simple. Send the letter to the Service Center that is processing the petition. (When I cancelled my I-129f petition it took the SC several months to acknowledge my letter, by which time the petition had already been approved.)

Yodrak

Is it as simple as writig a letter to USCIS? Would I send it to the CSC?

Thanks.

HAHAHAHAHA! wouldn't you know it! Murphy's law probably says they'll approve mine as well, but we've made the decision and are moving toward that end. Thanks for answrig my question!

Luvalimey,

I understand what you're saying. My Fiancee and I are doing a K-1. I visit my Fiancee for about 10 days every 3 months. Yes, we decided before we committed to this VISA process that we'd endure whatever was necessary. Do I want things to happen faster? Certainly! We understand the process and don't wish to complicate things later for some time together now.

I respect your decision. I have a career here, so I can't go to live in Brazil. Fernanda and I are both impatient souls! She checks our case status at USCIS.gov everyday and our VISA won't be approved until late October or early November. Yep, we'll have the wait at NVC, and the wait for the packet, the medical, and the interview. But it's all part of the process for me and my Fiancee! Good luck to you and I hope that things work out the way you expect. Tchau!

And double check that "CR-1" visa route, just to be sure!

Joey

10 days every 3 months isn't a lot, but you get what you can take. That's about how often my fiance and I were seeing each other all last year. But with trying to pay off debts and save up enough for the move over here, we just can't afford the visits anymore. The last visit broke both our wallets and I'm only just finishing paying that off. That was in April.

I have a career too, but if he's willing to give up everything he knows, his really good job, his family, his friends, to move somewhere where he probably wont earn as much and will have to deal with adjusting to a different way of life, shouldn't I be just as willing to do the same?

Anyway, good luck with your journey. Hopefully, you'll get your approval sooner!

[aussiewench 9]

Thanks for posting this question, Luvalimey, as we're in a very similar position - will be getting married in the UK on August 17th and then filing for CR-1 whilst both living and working in the UK...we'll wait until we are actually married before sending off the letter of cancellation just in case there's any last minute change of plans. Does anyone know if on the CR-1 application, this will count as having a previous visa "denied", or not because we chose to cancel it ourselves?

It wont be a denied petition as it is being cancelled.