how can i withdraw my petition?

[krisibri 4]

Unfortunately, things didn't work out with my fiance. He's currrently staying on his' sister's place, And I need to send a letter of withdrawal as soon as possible. So I'm hoping you guys can help me.

What kind of letter do I need to send? And where? Do I need to send the NOA1 and NOA2? Is it required to send a letter of withdrawal from both of us? I am the petitioner. Thanks in advance!

[lost_at_sea 995]

How far through the process are you? Did your fianc(e)é attend the interview and already get the visa issued?

[Hypnos 6,576]

I don't believe you can withdraw a petition after it has been approved.

[krisibri 4]

I don't believe you can withdraw a petition after it has been approved.

He's been here for almost 1 month, and things didn't work out for us. It's just that I don't want to get involve if ever he decided to stay after his 90 days.

[Hypnos 6,576]

Understood, but you won't be on the hook for that since the I-134 isn't legally binding, and you haven't submitted an I-864 for him. He will need to either depart the US before the end of his 90 days, or could choose to illegally remain. He won't be able to obtain a green card by marriage through anyone but you (even if he marries another US citizen), will be out of status, and could be detained and deported by ICE if they catch up with him. Either way, it won't be your problem.

[krisibri 4]

Understood, but you won't be on the hook for that since the I-134 isn't legally binding, and you haven't submitted an I-864 for him. He will need to either depart the US before the end of his 90 days, or could choose to illegally remain. He won't be able to obtain a green card by marriage through anyone but you (even if he marries another US citizen), will be out of status, and could be detained and deported by ICE if they catch up with him. Either way, it won't be your problem.

Yes that's correct. I haven't file the I-864 yet. But still, I want to file a withdrawal of petition, Do you have some ideas or suggestions? Or number so I can call the USCIS? I'm in Cali. Thank you.

[Hypnos 6,576]

http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3047.html:

"A petitioner or applicant may withdraw a petition or application prior to adjudication."

[kitthekat 1,317]

what petition? until you file for adjustment of status (which you won't since you don't want to marry your fiance), there's nothing to withdraw.

if you really want to inform someone, then write in to the US embassy in your fiance's country and let them know you won't be marrying your fiance and you won't be pursuing adjustment of status. uscis isn't in the picture anymore.

[Hypnos 6,576]

I believe the OP is referring to the I-129F, which as I stated above, cannot be withdrawn after it was already adjudicated.

[kitthekat 1,317]

I believe the OP is referring to the I-129F, which as I stated above, cannot be withdrawn after it was already adjudicated.

it was a rhetorical question maybe i should have written it this way: what petition?!?!

Edited February 26, 2014 by kitthekat

[lost_at_sea 995]

He's been here for almost 1 month, and things didn't work out for us. It's just that I don't want to get involve if ever he decided to stay after his 90 days.

The petition stage is over. You've nothing to withdraw now. The petition (I-129f) was approved, the visa issued, used and is now invalid. He can not obtain a new visa on the basis of that approved petition.

If you are not now marrying within 90 days of his arrival, then he must leave the USA before the expiry of those 90 days.

You will no longer be responsible for him (in terms of the I-134) once that 90 days have expired. He has no legal means to remain in the USA after that 90 days, unmarried to you.

P.S. You said fiancé, so I've made the assumption that you did not marry and file for his AOS. Is that correct?

Edited February 26, 2014 by lost_at_sea

[Zedayn 485]

I believe the OP is referring to the I-129F, which as I stated above, cannot be withdrawn after it was already adjudicated.

This is incorrect. It CAN be withdrawn, because my first petition was withdrawn after approval.

I received a confirmation letter from USCIS of this withdrawal, which states:

On [DATE], you filed a Form I-129F (Petition for Alien Relative) on behalf of your spouse, [NAME]. The Form I-129F was approved on [DATE]. On [DATE], you filed a form I-864 (Affidavit of Support) on behalf of your spouse which was submitted in conjunction with your spouse's Form I-485 (Application to Register Permanent Residence or Adjust Status). On [DATE], USCIS received a letter from you indicating that you would like to withdraw the petition and affidavit of support that you filed on behalf of [NAME].

USCIS has accepted your withdrawal. The Petition has been withdrawn, and there is no option to appeal. This does not preclude the filing of a new petition, should you choose to file one.

I would be happy to post the actual letter if further proof is required, with names and dates omitted of course.

Edited February 26, 2014 by Zedayn

[Hypnos 6,576]

I believe in your case that indicates that your I-864 was withdrawn. Per USCIS policies, as I linked above, petitions cannot be withdrawn after being adjudicated.

[Zedayn 485]

I believe in your case that indicates that your I-864 was withdrawn. Per USCIS policies, as I linked above, petitions cannot be withdrawn after being adjudicated.

The I-864 is not a petition. It is an affidavit.

From the link you provided, it does not specifically state that you cannot withdraw the petition after it has been adjudicated. It merely states that it can be withdrawn BEFORE it is adjudicated. It does not say anything about withdrawing AFTER adjudication.

The reason my first I-129f Petition was withdrawn was to invalidate my support of my ex's AOS application. Without my I-129F, she cannot adjust status. This information also comes from the director of my local USCIS office, which is where the suggestion was made to also withdraw the I-129F.

[Pinkrlion 2,610]

Write a letter to uscis and mail it to same address as you filed. Make an infopass appointment and give them a letter. Call uscis and talk to a tier 2 supervisor to let them know.