How to witdraw I-130 petition.

[Paul1114 0]

Hello all!

My sister has a delicate situation, she is a US citizen and filed for K-3 visa along with I-130 almost 3 years ago for her husband in Bolivia, his K-3 was approved and he was able to come to US 2 yrs ago, eventually they were having problems due to the fact that my sister found out he had been cheating on her while he was in Bolivia, he went back and as of today he has been out the country for almost 1 1/2 yr and my sister is planning to divorce him due to all these problems, he called last night to let her know that he received this I-130 appointment package from the local Embassy and said he would like to go to the interview so that he can get his residence...my sister is desperately looking for help on how to stop the process overseas so he CAN'T get his visa, this guy is so ridiculous, he has never provided any financially support my sister... does anybody in here knows what is the procedure to cancel that interview, considering his K-3 expired and they have been appart for more than a year??

[YuAndDan 153]

A letter can be sent to the consulate or embassy stating that you wish to withdraw the petition.

Visa Petition Withdrawals:

An applicant or petitioner may withdraw an application or petition at any time until a decision is issued by the Service or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status, based on the petition. However, a withdrawal may not be retracted. An applicant who wishes to withdraw a visa petition (Form I-130, Petition for Alien Relative) should write a letter to the office where the petition was filed. The letter should include the beneficiary’s name, date and country of birth, and A-number or Receipt number, the date petition was filed, reason for withdrawing the petition and the petitioner’s name, signature and address.

http://www.uscis.gov/graphics/fieldoffices...sno/aboutus.htm Dead link Damn USCIS for changing their site last week and not leaving the old pages alone.

The most that I can find on USCIS site. I would send the letter to your service center, and also to the consulate or embassy in Bolivia.

More can be found here: USCIS 20.3 Petition Revocation

Edited November 7, 2006 by YuAndDan

[Yodrak 7]

Paul,

Since the approved I-130 petition is at the consulate, the petitioner should write to the consulate to tell them that she wishes to withdraw the petition.

How did the approved petition get to the consulate without your sister submitting an I-864 and the associated fee to the NVC?

Yodrak

Hello all!

My sister has a delicate situation, she is a US citizen and filed for K-3 visa along with I-130 almost 3 years ago for her husband in Bolivia, his K-3 was approved and he was able to come to US 2 yrs ago, eventually they were having problems due to the fact that my sister found out he had been cheating on her while he was in Bolivia, he went back and as of today he has been out the country for almost 1 1/2 yr and my sister is planning to divorce him due to all these problems, he called last night to let her know that he received this I-130 appointment package from the local Embassy and said he would like to go to the interview so that he can get his residence...my sister is desperately looking for help on how to stop the process overseas so he CAN'T get his visa, this guy is so ridiculous, he has never provided any financially support my sister... does anybody in here knows what is the procedure to cancel that interview, considering his K-3 expired and they have been appart for more than a year??

[Paul1114 0]

Paul,

Since the approved I-130 petition is at the consulate, the petitioner should write to the consulate to tell them that she wishes to withdraw the petition.

How did the approved petition get to the consulate without your sister submitting an I-864 and the associated fee to the NVC?

Yodrak

Hello all!

My sister has a delicate situation, she is a US citizen and filed for K-3 visa along with I-130 almost 3 years ago for her husband in Bolivia, his K-3 was approved and he was able to come to US 2 yrs ago, eventually they were having problems due to the fact that my sister found out he had been cheating on her while he was in Bolivia, he went back and as of today he has been out the country for almost 1 1/2 yr and my sister is planning to divorce him due to all these problems, he called last night to let her know that he received this I-130 appointment package from the local Embassy and said he would like to go to the interview so that he can get his residence...my sister is desperately looking for help on how to stop the process overseas so he CAN'T get his visa, this guy is so ridiculous, he has never provided any financially support my sister... does anybody in here knows what is the procedure to cancel that interview, considering his K-3 expired and they have been appart for more than a year??

Yodrak, i 'm not quite sure but i do remember my sister submitted I-864 along with other documentation before this guy came to US under his K-3 visa, i think she filed both I-130 & K-3 at the same time and i'm guessing his case was under "administrative review" , reason why he just received correspondence from the local embassy.

[Sheriff Uling 3]

Paul,

Since the approved I-130 petition is at the consulate, the petitioner should write to the consulate to tell them that she wishes to withdraw the petition.

How did the approved petition get to the consulate without your sister submitting an I-864 and the associated fee to the NVC?

Yodrak

Paul

I concur with Yodrak's recomendation. Per the rules, please have your sister withdraw the petition "in writing" to the consulate ASAP. I also recommend that she follows-up with the consulate to unsure the withdrawl is initiated.

Sheriff Uling

Edited November 7, 2006 by Uling

[Yodrak 7]

Paul,

Good anticipation on your part - what took so long for the immigrant visa interview would have been my next question, given how old the case is now!

Yodrak

Paul,

...

How did the approved petition get to the consulate without your sister submitting an I-864 and the associated fee to the NVC?

Yodrak

Yodrak, i 'm not quite sure but i do remember my sister submitted I-864 along with other documentation before this guy came to US under his K-3 visa, i think she filed both I-130 & K-3 at the same time and i'm guessing his case was under "administrative review" , reason why he just received correspondence from the local embassy.

[erporsche 0]

I would write a letter and/or affidavit (notarized) to the Consulate and carbon copy the NVC and Service Center originally processed. Include processing number, interview date, birth date of petitioner, etc.

I would also FAX and email if possible and attempt to call consualte as well.

Cover all bases.

Sorry for your turn of events, best of luck

[Paul1114 0]

THANKS FOR YOUR ADVICE!!!