Withdraw K1 and ESTA

[poia 0]

Hello again VJ community and happy monday!
One quick question. If I were to withdraw my i-129f petition (still not approved, we just received our NOA1), would that be considered a denied visa? should I update my esta and say yes under "did they ever deny you a visa"? Technically is just a petition right?
If I were to do that now (february) and then try to enter the US with my esta in the summer will I encounter any problems? I never overstayed, just decided to go with the CR1 instead.

Looking forward to your replies!

[TBoneTX 43,486]

A withdrawal by you (voluntary) is not a denial by them.

[poia 0]

so I wouldn't have to declare anything in the esta and I can enter the US without any problems?

Edited February 8, 2016 by sablely

[JFH 12,189]

You won't have any problems. You changed your mind of your own free will. And you are entitled to do that. You haven't been denied.

[poia 0]

alright, thank you! I just want to be sure 100% so thanks for replying. I found this online yesterday

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

It states
"A petition which has been withdrawn cannot be denied. See Matter of Cintron , 16 I&N Dec 9 (BIA 1976).

Where a visa petition has once been withdrawn based on an admission by a party that the marriage was solely entered into to bestow an immigration benefit, any subsequently filed visa petition involving the same petitioner and beneficiary must include at the time of filing: (1) an explanation of the prior withdrawal and (2) evidence supporting the bona fides of the parties' relationship. The BIA has held that “[t]he petitioner bears a heavy burden to establish the bona fides of the marital relationship in the case of a prior visa petition withdrawal and an admission of a fraudulent marriage, and, absent the submission of the previously related materials at the time of filing, a district director can reasonably deny the petitioner based on the admission made in conjunction with the prior withdrawal” [emphasis added]. See Matter of Laureano , 19 I&N Dec. 1 (BIA 1983)."

We're withdrawing our petition due to the fact that we decided to change path (for personal reasons). Our marriage will still be bona fide and not for immigration purposes (and we have 5 years of dating to prove that). So my question is, while filing for CR1 do we have to slip in the pack the letter of withdrawal of i129f (for the reason we wanted to write: We are still engaged just decided to go with the CR1 instead... is that a good reason?)?

[TBoneTX 43,486]

Yes, include the withdrawal letter, for clarity.

[poia 0]

Will I have any problems while filing for CR1? Like raise any red flags or anything? we would be, after all, the same beneficiary and petitioner, just going on a different route, since I can't afford to wait for 2/3 months for AP (university classes eheh)

[poia 0]

will the cbp see i withdrew my petition?