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Consequences of canceling a petition that has been approved?

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I filed a petition for my husband on march, it was approved on may, on june we recieved an email for the AOS and IV bill/packet. We are going on a 3 week holiday vacation this december so I'm stalling on paying the AOS/IV Bill and sending the packet so when it gets approve the interview date will not interfere with our vacation since plane tickets have already been purchased. ( I have up to a year to pay and send as/iv packet if I'm not mistaken?)

Now a few days ago we received some great news from my husband's boss that they will be hiring another staff, and the senior designer/engineer will be retiring soon which means a promotion for my husband (they don't know yet that I am petitioning him) and a big bonus due to overflowing projects that he is handling now... I am a stay at home mom and have yet to establish a career and the only reason that we decided to move to US is to be closer to my family as we don't have any other family member with us in canada. But financial stability is still very important especially now that we have a child. I know I'm just really ranting here but I'm confused and i really need to hear other peoples perspective on this.

Now if I cancel the petition what will happen? If we change our mind and live in canada instead, but say a few years later we decide to move back to US, will this cause any problem when I decide to petition him again?


 
 
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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

you wanting to delay the process, and I wanting to speed up ... actually, this is not just world. :cry:

We really did not expect for all this to happen, as much as we want to live near our family we are also afraid to make the wrong decision of my husband leaving a successful career behind. We did not expect for him to get promoted, and not knowing what the economy will be after election scares us! but I guess we'll never really know until we get to that situation... I hope you get approve soon! goodluck on your journey!


 
 
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Filed: Citizen (apr) Country: Hungary
Timeline

Wait a year. Then pay AOS bill, but not IV bill. Wait another year. Pay IV bill. Etc. You can slow down the process for years at NVC.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Timeline

Wait a year. Then pay AOS bill, but not IV bill. Wait another year. Pay IV bill. Etc. You can slow down the process for years at NVC.

Why play games? Why do this and potentially drag things out for years?

There are no consequences to withdraw the current petition and to refile at a later time.

Edited by Jojo92122

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Filed: Citizen (apr) Country: Hungary
Timeline

Why play games? Why do this and potentially drag things out for years?

There are no consequences to withdraw the current petition and to refile at a later time.

It's not playing games, it's avoiding paying an extra $420 (or more) in the future and also avoiding having to wait 6 months for I-130 approval.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Timeline

An approved I-130 lasts forever. OP can simply not send in anything to the NVC. The case will be administratively be closed after a year. When they are ready to return to the US, they can have the case reopen.

So, there is no need to pay another I-130 fee or wait 6 months for another approval.

https://www.avvo.com/legal-answers/can-an-immigrant-petition-be-reopened---my-dad--us-1259620.html

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

I filed a petition for my husband on march, it was approved on may, on june we recieved an email for the AOS and IV bill/packet. We are going on a 3 week holiday vacation this december so I'm stalling on paying the AOS/IV Bill and sending the packet so when it gets approve the interview date will not interfere with our vacation since plane tickets have already been purchased. ( I have up to a year to pay and send as/iv packet if I'm not mistaken?)

Now a few days ago we received some great news from my husband's boss that they will be hiring another staff, and the senior designer/engineer will be retiring soon which means a promotion for my husband (they don't know yet that I am petitioning him) and a big bonus due to overflowing projects that he is handling now... I am a stay at home mom and have yet to establish a career and the only reason that we decided to move to US is to be closer to my family as we don't have any other family member with us in canada. But financial stability is still very important especially now that we have a child. I know I'm just really ranting here but I'm confused and i really need to hear other peoples perspective on this.

Now if I cancel the petition what will happen? If we change our mind and live in canada instead, but say a few years later we decide to move back to US, will this cause any problem when I decide to petition him again?

I would suggest getting professional advise to be on the safe side.

Two souls ? with but a single thought, two ? that beat as one. M & K ?

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Stall the process at NVC but keep in touch with them once a year. Then pay fees when you're ready to move. I wouldn't wait for it to be administratively closed as then you have to do I-824 and pay fees for them to find your application and act on it


ROC 2009
Naturalization 2010

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Filed: Citizen (apr) Country: Hungary
Timeline

An approved I-130 lasts forever. OP can simply not send in anything to the NVC. The case will be administratively be closed after a year. When they are ready to return to the US, they can have the case reopen.

So, there is no need to pay another I-130 fee or wait 6 months for another approval.

https://www.avvo.com/legal-answers/can-an-immigrant-petition-be-reopened---my-dad--us-1259620.html

Reopening the case costs about the same ($405) as filing a new I-130 as you have to file I-824 to re-open the case. It also takes 5-6 months to process I-824s, so I would not advise them letting the present petition be administratively closed. Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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NVC say that if you want to delay a petition, just make sure no more than a year goes past without keeping in touch with them. So I would advise them that you wish to delay, and make sure you regularly keep in contact to update them on your intentions.


Got married: 26th Sep 2013 

I-130 Petition Process:

Sent petition to USCIS Chicago lockbox (via in-laws to put check in US$): 11 Mar, 2016

NOA1: 24 Mar, 2016 (email notification 30 Mar. Hardcopy 11 Apr)

Service Centre: NEBRASKA

NOA2: 3rd Aug 2016

Petition sent to NVC: 18th Aug 2016

NVC Stage

Case number assigned: 8th Sep 2016

Paid AOS Fee: 9th Sep 2016

Paid IV Fee: 14th Sep 2016

DS-260 submitted: 25th Jan 2017

AOS & IV Package sent: 25th Jan 2017

Expedite requested: 25th Jan 2017

Expedite approved (consulate only): 1st Feb 2017

Scan Date: 31st Jan 2017

Case Complete: 14th April 2017 (10 weeks 4 days)

Full expedite approved (bypass NVC to send file to embassy), however too late as I already had case complete 17th Apr 2017

Case arrived at Embassy: 21st April 2017

P4 letter received: 26th April 2017 (expedite at embassy stage so this came from the consulate, not NVC)

Medical date: 26th April 2017

Interview date: 4th May 2017 APPROVED!!

Visa received: 8th May 2017 

POE (entered the USA): 15th May 2017 

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Filed: Citizen (apr) Country: Jordan
Timeline

I would suggest getting professional advise to be on the safe side.

there is no need for "professional advice". Why pay for an attorney when the advice here is free and accurate?

OP: It's up to you and only you can make the choice of which path you want to follow. You can either slow things down by holding off paying the AOS fee, or if you don't think you will be moving to the US any time in the near future there are absolutely no adverse consequences in cancelling the petition. If you decide to cancel write a letter explaining the reason/reasons why and that's the end of it until you decide to file again in the future. Plans and situations change for people all of the time and USCIS knows this. You are over thinking it, don't worry, just choose the path you want to go with. Good luck!



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