Canceling K-1

[Willowycandelo 1]

I am strongly considering canceling my K1 visa application and going to my fiancee's country to live and marry instead (Peru). Is it hard to cancel the K1 visa? Will it make problems if we want to come back to the US later on a DCF/CR1 visa?

I have only gotten to the NOA1 stage. I can't find a job here, so I don't know how I will support myself, let alone him, once he gets here and has to wait to work.

[Kastrs 723]

No it is not difficult to withdraw a K1, it can just take a while. If you want to withdraw write a letter to the CSC (address listed on your NOA1) stating you want to withdraw. You will also want to follow this up with a phone call. No it will not make it more difficult to file again in the future-especially filing for a CR1/IR1 instead. Just make sure before you withdraw, be sure you are going to move to peru! You do not need to cancel until the move is final, if you decide to go to peru. You can withdraw up until your interview or even after by writing a letter to the relevant place and following up with an email/phone call.

If you want me to elaborate on the process, let me know, I have withdrawn a K1 previously.

Whichever path you choose-Good Luck!

[Willowycandelo 1]

Thank you! When you say it can take a while, how long do you mean?

If my fiancee were to apply for a tourist visa to visit me in the US while the K1 was being cancelled, how would that work? I would imagine it wouldn't look great in his interview. For example, if I wrote the letter to cancel it but hadn't received an answer yet, and he tried to get a B2 tourist visa, would he have to mention the K1?

I received my NOA2 so I would need to write to NVC to cancel it.

[Willowycandelo 1]

Also, do I have to give a reason for canceling in my letter?

[KayDeeCee 4,891]

Send a notarized letter stating that you want to withdraw your I-129F petition to the USCIS service center that adjudicated your I-129F petition, the NVC and the consulate in Peru. Include a copy of your receipt notice and/or approval notice so they can see all the info for your case.

No reason needed.

Withdrawing an I-129F petition will not have an impact on applying for future visas.

http://www.state.gov/documents/organization/87391.pdf

9 FAM 41.81 N7 TERMINATION OF K VISA PETITION APPROVAL
(CT:VISA-1845; 06-25-2012)

USCIS regulations (8 CFR 214.2(k)) provide that the death of a petitioner or written withdrawal of the petition prior to the arrival of the beneficiary in the United States automatically terminates the approval of the petition. The consular officer should return the petition to the approving USCIS office with an appropriate memorandum.

Edited June 11, 2015 by KayDeeCee

[Willowycandelo 1]

Send a notarized letter stating that you want to withdraw your I-129F petition to the USCIS service center that adjudicated your I-129F petition, the NVC and the consulate in Peru. Include a copy of your receipt notice and/or approval notice so they can see all the info for your case.

No reason needed.

Withdrawing an I-129F petition will not have an impact on applying for future visas.

http://www.state.gov/documents/organization/87391.pdf

9 FAM 41.81 N7 TERMINATION OF K VISA PETITION APPROVAL

(CT:VISA-1845; 06-25-2012)

USCIS regulations (8 CFR 214.2(k)) provide that the death of a petitioner or written withdrawal of the petition prior to the arrival of the beneficiary in the United States automatically terminates the approval of the petition. The consular officer should return the petition to the approving USCIS office with an appropriate memorandum.

So I need 3 letters total? Right now the petition is at the NVC, it hasn't gone to the consulate in Peru yet. Can't I just write one letter to NVC?

[KayDeeCee 4,891]

Sure, but to cover all bases, why not write one letter, make copies and send it to all 3? The NVC does not keep a K-1 case for very long. It just passes through within days.

[Pennycat 880]

So I need 3 letters total? Right now the petition is at the NVC, it hasn't gone to the consulate in Peru yet. Can't I just write one letter to NVC?

Does he already have a B2? Those can be really hard to get for people who have strong ties in the US. They'll see the cancelled K1, he won't have to tell them about it--they'll already know. I know that you mentioned moving to his country, so maybe it doesn't matter, but I would *not* count on a B2 to be able to visit.