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Do CBP at the POE see a withdrawn visa application?

By poia in General Immigration-Related Discussion

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poia Contributor

poia   0

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Filed: Timeline
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Hello VJ community!
I was wondering if cbp officers at poe are able to see if an individual has withdraw a visa application. I would have my fiance withdraw my I-129F application in order to use the CR1 in the fall, but I would like to visit US during the summer. We're still engaged, just changed our minds on the path to follow. Will I (the beneficiary) encounter any problem at POE?

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teeak Proficient

teeak   224

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Filed: FB-2 Visa Country: Bangladesh
 Timeline
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Nope, shouldn't be a problem. Just make sure to answer truthfully.

Will you be entering on ESTA? If CBP sees that you're visiting your fiance, they may think that you'll just decide to marry and stay. It would probably be best if you bring evidence showing that you intend on returning to your home country.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

You may not have an intention of staying but, if CBP suspects that you intend on immigrating then they may deny you entry.

I would omit the petition withdrawal statement. Provide it if they ask for it. Don't give them more information than they ask.

Everything else looks good. Do you have a job you'll be returning to as well?

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Not really a problem per se. I was just going to say if you do have a job then you can include that as more evidence.

Hopefully, everything will go smoothly during your visit!

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Yeah, that could also work.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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poia Contributor

poia   0

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Filed: Timeline
  • Author
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any other idea of what I could bring? A letter from my mother in law inviting me over and saying she's sorry I won't stay for the whole summer? my study plan? exams done and exams to do? A phone bill stating I'm still paying my phone? Car insurance covering the whole year? I really wanna be safe, we would just withdrew the petition to change path, we absolutely DO NOT WANT to do anything illegal.
Do you think we should call uscis before withdraw and inquire if I'll be ok? Is there a number we can call to talk to them maybe without having to give them our case number just to ask infos?
If i was denied entry would that affect a future visa application?

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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Bills are good too. So are property documents (car, etc.).

Withdrawing the petition is absolutely okay. You just want to make sure the CBP believes that you will be returning home.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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poia Contributor

poia   0

Posted
Filed: Timeline
  • Author
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Does it help if I'll be accompanied by a friend? She has never been in the states and would like to visit but she still doesn't know if she can afford it. Sorry for the oh-so-many questions, I just want to be 100% sure.
Withdrawing a k1 and then filing for cr1 won't affect the second petition, right? :) Thanks so much for helping me out!

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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Nope, it won't be an issue. I've seen people do it in the past -- life happens and decisions change.

Also not really, she will be evaluated on her own (what ties she has to back home etc.).

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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poia Contributor

poia   0

Posted
Filed: Timeline
  • Author
Posted

Ok then! thank you for clarifying my doubts. I know it's not an issue to withdraw my petition, I just love my fiance very much and don't want to do anything to jeopardize our future together. I read that with the cr1 you can get married in the states and leave and then file, or marry in my country and then file without having to wait for AP and that would be really conveniente for me at this point. If more questions comes up to my mind can I ask you? :)

By waiting for AP I just meant in case we decided to get married in the states

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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Yep, you can marry in the states and then return home with no problem. Even if you marry outside of the states, you will be entering on an immigrant visa meaning, you'll be allowed to work and travel right away.

Or by AP do you mean administrative processing? Everyone at some point will have to go through administrative processing. For some its a longer time and for others its shorter.

Yes, yes, I'll be glad to help you with any other questions you'll have!

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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poia Contributor

poia   0

Posted
Filed: Timeline
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By AP I meant is Advanced parole which is what I would have need to leave the states if I married on the k1. This way is more convenient so if we decided to marry in the states (still don't have a plan) I could leave right after without having to wait 90 days for AP. Thank you so much again, you have no idea of how much I feel relieved now :)

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