Petition Withdrawal for a fiance visa

[Krystal66 0]

Hi everyone.

 

Basically I need information regarding how to withdraw a visa petition. I went to the USCIS office from my home country and i was told only the petitioner can withdraw the application; however, my former fiance doesn't seem to know how to do it. At this point, I dont even think he wants to do it. Anyway, I found this on the internet:

 

"A petitioner or applicant may withdraw a petition or application prior to adjudication. Withdrawal is a voluntary action. It should not be coerced, although it may be suggested as an alternative to a formal denial. Whenever a withdrawal is received, it should be acknowledged, in writing, for the record. Although a withdrawal by a petitioner is not necessarily an indication of fraud, the facts surrounding any prior withdrawal should be considered in the event a subsequent petition is filed by the same pe titioner. See Matter of Isber 20 I&N Dec 676 (BIA 1993)

A petition which has been withdrawn cannot be denied.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

 

English is not my mother language, but it gave me a bit of hope regarding the matter. Can I as the benefiaciary send a letter to withdraw the application? If so, where to? I guess I've got to send the letter to an American office and lastly, i don't even know the state of my current case. Last info my ex sent me was on September last year. he sent me the attached file.

 

My problem is I wanted to travel earlier this year for a congress and my visa was denied because this process is pending. I wonder if it even expires after certain time, but I read somewhere there has to be a written record of the withdrawal.

 

Thanks in advance.

 

[Greenbaum 12,258]

6 minutes ago, Krystal66 said:

Hi everyone.

 

Basically I need information regarding how to withdraw a visa petition. I went to the USCIS office from my home country and i was told only the petitioner can withdraw the application; however, my former fiance doesn't seem to know how to do it. At this point, I dont even think he wants to do it. Anyway, I found this on the internet:

 

"A petitioner or applicant may withdraw a petition or application prior to adjudication. Withdrawal is a voluntary action. It should not be coerced, although it may be suggested as an alternative to a formal denial. Whenever a withdrawal is received, it should be acknowledged, in writing, for the record. Although a withdrawal by a petitioner is not necessarily an indication of fraud, the facts surrounding any prior withdrawal should be considered in the event a subsequent petition is filed by the same pe titioner. See Matter of Isber 20 I&N Dec 676 (BIA 1993)

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

 

English is not my mother language, but it gave me a bit of hope regarding the matter. Can I as the benefiaciary send a letter to withdraw the application? If so, where to? I guess I've got to send the letter to an American office and lastly, i don't even know the state of my current case. Last info my ex sent me was on September last year. he sent me the attached file.

 

My problem is I wanted to travel earlier this year for a congress and my visa was denied because this process is pending. I wonder if it even expires after certain time, but I read somewhere there has to be a written record of the withdrawal.

 

Thanks in advance.

To withdraw a visa petition, the petitioner must sign, scan and e-mail a written termination request to IVbogota@state.gov. Please include the case number, and the complete name and date of birth of both the petitioner and the applicant. If you have either a WAC# or Case Number include that also.

 

 

[Krystal66 0]

9 minutes ago, Greenbaum said:

To withdraw a visa petition, the petitioner must sign, scan and e-mail a written termination request to IVbogota@state.gov. Please include the case number, and the complete name and date of birth of both the petitioner and the applicant. If you have either a WAC# or Case Number include that also.

 

 

What if the petitioner doesn't want to? does this process expires after a certain time? can i sent a letter as beneficiary?

[Boiler 43,433]

It will die a death if nothing happens so not a big deal.

[geowrian 22,335]

4 minutes ago, Krystal66 said:

What if the petitioner doesn't want to? does this process expires after a certain time? can i sent a letter as beneficiary?

It's not your petition. Per the section you quoted above, the petitioner or applicant must do so. You are neither. You are the beneficiary.

The I-129F expires automatically. The initial approval is for 4 months, and the embassy can extend it up to a year.

[Greenbaum 12,258]

3 minutes ago, Krystal66 said:

What if the petitioner doesn't want to? does this process expires after a certain time? can i sent a letter as beneficiary?

The petitioner is the one that needs to address this. Now if petitioner does nothing more in the processing moving forward, then the case will die a slow death on it's own. The beneficiary doesn't involve themselves.

[Crazy Cat 39,220]

26 minutes ago, Krystal66 said:

My problem is I wanted to travel earlier this year for a congress and my visa was denied because this process is pending.

Expired or pending, your previous immigrant intent will be a consideration in the future...

Edited July 12, 2019 by missileman

[Krystal66 0]

Thanks for your replies. I guess I'll just have to wait.

 

14 minutes ago, missileman said:

Expired or pending, your previous immigrant intent will be a consideration in the future...

Yeah, I supposed so. But pending is automatic rejection since you can't have both process ongoing. If after expired I'm still denied non-immigrant visa, well that's life...

[geowrian 22,335]

1 minute ago, Krystal66 said:

Yeah, I supposed so. But pending is automatic rejection since you can't have both process ongoing. If after expired I'm still denied non-immigrant visa, well that's life...

Sure you can. It's almost a guaranteed refusal due to immigrant intent, but there are small handful of people who are able to obtain a tourist visa mid-process.

[Crazy Cat 39,220]

2 minutes ago, Krystal66 said:

eah, I supposed so. But pending is automatic rejection since you can't have both process ongoing.

You certainly can have a pending immigrant petition as well as a visitor visa........It might be less likely, but it is certainly legal and possible.

[Boiler 43,433]

4 minutes ago, Krystal66 said:

Thanks for your replies. I guess I'll just have to wait.

 

Yeah, I supposed so. But pending is automatic rejection since you can't have both process ongoing. If after expired I'm still denied non-immigrant visa, well that's life...

Plenty of people on VJ have obtained a visa to visit mid process.

[Krystal66 0]

I didn't know that. I was just told at the embassy I needed to withdraw the application if I wanted to travel on a tourist visa (I told them I no longer had a relationship and that I didn't further the process because of that). Well, it's not that I need to go to the US now, I might need it for study reasons next year, but if it's not possible I hope I can do my rotation in another country at least

[payxibka 10,044]

11 minutes ago, Krystal66 said:

I didn't know that. I was just told at the embassy I needed to withdraw the application if I wanted to travel on a tourist visa (I told them I no longer had a relationship and that I didn't further the process because of that). Well, it's not that I need to go to the US now, I might need it for study reasons next year, but if it's not possible I hope I can do my rotation in another country at least

Immigrant intent to the USA has no bearing on visas to other countries 

[Shiran 1,134]

As an aside, since 129F can be filed without beneficiary participation, it seems to "immigrant intent" following beneficiary as cloud is pretty faulty premise if it is true. Can see jilted lover filing 129F just to ruin someone's chances to get tourist or other non-immigrant visa 

[Boiler 43,433]

I know US and Canada share information, maybe others.