How to cancel a fiance visa if petitioner refuses to

[Grouperkiller4 0]

I recently married a Thai national.  She was previously engaged to a US citizen until she found out he was living with his ex wife and had several girlfriends on the side.  He had submitted a K-1 Fiance Visa last November 2017 and refuses to withdrawal the visa.  Does anyone know if there is a procedure to cancel the existing Fiance visa at the time of submitting the Spousal visa?

[Ben&Zian 4,398]

4 minutes ago, Grouperkiller4 said:

I recently married a Thai national.  She was previously engaged to a US citizen until she found out he was living with his ex wife and had several girlfriends on the side.  He had submitted a K-1 Fiance Visa last November 2017 and refuses to withdrawal the visa.  Does anyone know if there is a procedure to cancel the existing Fiance visa at the time of submitting the Spousal visa?

 

The US petitioner must write in to cancel/withdraw the petition. No one else has that ability.

 

Only other option, and it's not a "full proof" one, is to let it simply sit and expire where ever it is at.

 

This though is not the best option as stories have been shared here about someone going to a K-1 visa interview some 2-3 years after original petition only to find out it is still active somehow and get denied.

 

Your best bet is both of you to try and communicate with the original petitioner.

[geowrian 22,338]

Only the petitioner can withdraw the I-129F petition. However, it does expire automatically if no action is taken on it.

That said, she should contact the embassy and notify them that she will not be proceeding with the K-1 visa.

[RLA 324]

The best course of action is to have your wife write to USCIS that she no longer intends to marry the petitioner (= her former USC fiancé), and that she's now married to you.  That should get the K1 petition get denied reasonably quickly.  Just waiting for it to expire does not seem right to me.  You don't know how long that will take, and it doesn't look good with USCIS, withholding new, relevant evidence from them.  

 

You should also be prepared to be extra careful with the relationship evidence for your own visa petition.  It might look suspicious to the immigration officers that you wife found another American who's willing to get her to the US so relatively quickly.  So be prepared and present your case in the best way you can.  Good luck. 

[RLA 324]

21 minutes ago, geowrian said:

That said, she should contact the embassy and notify them that she will not be proceeding with the K-1 visa.

True, if her case is already at the embassy, then write to the embassy instead of USCIS. 

[Perfect two 💑 1,147]

In which stage they are now? Is the petition already approved?

[Amadia 711]

Just have her reach out to the embassy and inform them that she will not pursue that Fiance visa any more. Her failure to redact the case could hurt her chances with you.

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,250]

Some good answers including a letter to from her to USCIS with your petition, indicating the previous relationship ended.  Further, you'll be asked if anybody filed a petition for her before, as part of the I-130 form itself.  In the result field, indicate what you know of the status as briefly as "pending but relationship ended".  

 

Note that two back to back relationships with Americans will raise suspicion your wife is in the relationship solely for an immigration benefit.  Be sure to front load your petition with plenty of relationship evidence.  Study what that means right here as it is a common point of discussion.

[Teemo 252]

9 hours ago, Ben&Zian said:

Only other option, and it's not a "full proof" one, is to let it simply sit and expire where ever it is at.

lol I think you mean "foolproof."  idk why but full proof cracks me up

[JFH 12,191]

If I were in your shoes my biggest biggest concern would be the assumption that will undoubtedly be made by the interviewing officer that the marriage is solely for immigration benefit. 8 months ago she was ready to walk down the aisle and spend the rest of her life with someone else. In the very short space of time since then, they have separated, she has met, fallen in love and married you and is ready for the next attempt at immigration. You will need a lot of evidence for the interview that this is the real deal. 

[C&AH 104]

21 hours ago, geowrian said:

Only the petitioner can withdraw the I-129F petition. However, it does expire automatically if no action is taken on it.

That said, she should contact the embassy and notify them that she will not be proceeding with the K-1 visa.

Personally I can't understand why the petitioner would be unwilling to cancel the petition.  It would seem that if the fiancé married someone else, that would be the end of it. The only reason would be out of spite.  Just thinking out loud. 

Edited July 21, 2018 by C&AH

[JFH 12,191]

10 minutes ago, C&AH said:

Personally I can't understand why the petitioner would be unwilling to cancel the petition.  

 

The only reason would be out of spite.  

You’ve just answered your own question...

[kris&me 572]

send a email to embassy saying you will not be coming to the interview and say u have asked the petitioner to cancel the K1

if he does nothing ,  use this as proof and with your new application

agree with all above 

looks like green card shopping by the Thai

[TNJ17 1,329]

Only the petitioner can cancel it. Advice saying the beneficiary should write to USCIS is bad advice because she won’t be able to do anything. You can let it expire which will take some time and it may cause you problems with your new visa. Losing the K1 should be your priority but be aware that you will have a hard time proving this is a real relationship and that she’s not visa shopping for a free pass to the United States.