Jump to content

35 posts in this topic

Recommended Posts

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A petition which has been withdrawn cannot be denied.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.
 

A.jpg

Share this post


Link to post
Share on other sites
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.

 

 


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Share this post


Link to post
Share on other sites
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?

Share this post


Link to post
Share on other sites

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
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.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
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.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Share this post


Link to post
Share on other sites
Posted (edited)
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 by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites

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...

Share this post


Link to post
Share on other sites
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.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
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.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

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 :)

Share this post


Link to post
Share on other sites
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 


YMMV

Share this post


Link to post
Share on other sites

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 

Share this post


Link to post
Share on other sites

I know US and Canada share information, maybe others.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...