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Andy&Jiezel

How to cancel/refile new K-1

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Hello,

In July 2014, I applied for K-1 Visa (my first filing) for my ex-fiancé and was received by US Embassy in Manila in November 2014. During this time I discovered she had a Filipino boyfriend (hence ex-fiancé). Lesson learned and I have done the due diligence on my new fiancé. I actually knew her well before my ex-fiancé, have met all of her family, did background check, etc.

I'm not sure when the 1-year clock began on the existing K-1 Visa, I haven't yet contacted the US Embassy in Manila. I'm not sure on the process for cancelling an existing K-1 Visa and any restricting on filing a new K-1 Visa.

Any help would be greatly appreciated.

Thanks!

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I had a similar thing happen. Make sure you write a letter to the embassy stating that you wish to withdraw your petition. I emailed mine to the relevant embassy. I would email it and if they do not respond to your email follow it up with a letter in the mail. Your petition will be returned to the NVC and then routed to the service Center that originally processed your petition. From the time I submitted my request to withdraw my petition until I got notice from uscis was about 7 months. You will also want to send a copy of the letter via mail to the NVC and the uscis service Center that originally processed your petition. Make sure that after your petition is returned by the embassy to call uscis periodically (I called about once a month) until they put in a service request to close my case.

Submit your request to withdraw first. Then the new filing form will ask if you have filed before. I would suggest attaching a very brief note staring the perticulars of the first application including the date you sent communication to withdraw.


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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I had a similar thing happen. Make sure you write a letter to the embassy stating that you wish to withdraw your petition. I emailed mine to the relevant embassy. I would email it and if they do not respond to your email follow it up with a letter in the mail. Your petition will be returned to the NVC and then routed to the service Center that originally processed your petition. From the time I submitted my request to withdraw my petition until I got notice from uscis was about 7 months. You will also want to send a copy of the letter via mail to the NVC and the uscis service Center that originally processed your petition. Make sure that after your petition is returned by the embassy to call uscis periodically (I called about once a month) until they put in a service request to close my case.

Submit your request to withdraw first. Then the new filing form will ask if you have filed before. I would suggest attaching a very brief note staring the perticulars of the first application including the date you sent communication to withdraw.

Thanks Kastrs,

I've actually got an appointment at the US Embassy in Manila on September 14th to get 'Proof of Eligibility to Marry" in Philippines. Originally we were planning to get married in Philippines, until I saw it is an average 16 mo's to wait for IR-1 Visa. If true, I just might use my appointment there to submit my cancellation of existing K-1 Visa, have it notarized and follow up as you suggest. I'll probably send copies to both USCIS and NVC once I return just to make sure :)

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Thanks Kastrs,

I've actually got an appointment at the US Embassy in Manila on September 14th to get 'Proof of Eligibility to Marry" in Philippines. Originally we were planning to get married in Philippines, until I saw it is an average 16 mo's to wait for IR-1 Visa. If true, I just might use my appointment there to submit my cancellation of existing K-1 Visa, have it notarized and follow up as you suggest. I'll probably send copies to both USCIS and NVC once I return just to make sure :)

I do not know that I would necessarily say the wait is that long for a CR1 visa-if you check my timeline I am nearly finished with the process and it has been 7 months. It is always a toss up between what is faster. Good luck with whatever you decide.


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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