Petition Withdrawal for a fiance visa

[SalishSea 16,772]

3 hours ago, Shiran said:

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 

Incorrect.  One of the requirements for petition approval is a letter of intent to marry the petitioner, signed by the beneficiary.  Unless this was forged, or obtained before the "jilting," a petition lacking it should receive a denial/RFE.

Edited July 13, 2019 by Jorgedig

[HRQX 4,145]

35 minutes ago, Jorgedig said:

Unless this was forged,

Exactly. For that to happen the "petitioner" would be cuckoo for Cocoa Puffs, IMO.

[geowrian 22,335]

I have a hard time believing a previous SO would spend $535, compile an entire I-129F packet, and likely perjure themself for a chance to hurt the ability to get a tourist visa. That's some grade A #####, which would likely be caught pretty easily.

I guess it's not impossible, but it would be a first for me to see.

[SalishSea 16,772]

7 minutes ago, geowrian said:

I have a hard time believing a previous SO would spend $535, compile an entire I-129F packet, and likely perjure themself for a chance to hurt the ability to get a tourist visa. That's some grade A #####, which would likely be caught pretty easily.

I guess it's not impossible, but it would be a first for me to see.

Also: that scenario portends some very bad karma.

[Cathi 5,610]

14 hours 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

You cannot study with a visitor visa. You need a student visa for that.

[JFH 12,189]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[Ameriaussie 49]

Super confused. i129f was approved and already expired at the end of 2018.

[Greenbaum 12,258]

13 minutes ago, Ameriaussie said:

Super confused. i129f was approved and already expired at the end of 2018.

I'm super confused by your entry above. Is there a question behind what you posted?

[Ameriaussie 49]

4 minutes ago, Greenbaum said:

I'm super confused by your entry above. Is there a question behind what you posted?

This is in regard to the OP's NOA2.

[Ameriaussie 49]

23 hours 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.

 

 

[Greenbaum 12,258]

4 minutes ago, Ameriaussie said:

This is in regard to the OP's NOA2.

I'm reading between the lines and the NOA2 issue date is 7/26/2018 and hence they have one year to adjudicate their visa otherwise on 7/27/2019 it expires and is then "dead". I hope I'm making sense of your post but without much information to go on I can't further expand on any of my answers.

[Ameriaussie 49]

1 minute ago, Greenbaum said:

I'm reading between the lines and the NOA2 issue date is 7/26/2018 and hence they have one year to adjudicate their visa otherwise on 7/27/2019 it expires and is then "dead". I hope I'm making sense of your post but without much information to go on I can't further expand on any of my answers.

It's fine. This is why I don't understand they OP frets in the first place. Something fishy here. This case is DEAD DEAD DEAD (well, almost). Just let it expire. Waste everyones time.

Edited July 13, 2019 by Ameriaussie

[LaBeach 29]

On 7/12/2019 at 12:08 PM, 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.

 

 

Try sending the withdrawal request yourself. Explain the circumstance in the letter, that you didn't pursue the visa after the application was approved (the notice you posted was the approval notice), that you are no longer engaged and wish to have the application formally withdrawn and that your former fiance is not cooperating. No guarantee it will be accepted but it is worth a try.

 

[Greenbaum 12,258]

32 minutes ago, LaBeach said:

Try sending the withdrawal request yourself. Explain the circumstance in the letter, that you didn't pursue the visa after the application was approved (the notice you posted was the approval notice), that you are no longer engaged and wish to have the application formally withdrawn and that your former fiance is not cooperating. No guarantee it will be accepted but it is worth a try.

 

Your reply should be directed to the OP and not me. My entry was only to opine with what the regulations state to do.

[geowrian 22,335]

3 hours ago, LaBeach said:

Try sending the withdrawal request yourself. Explain the circumstance in the letter, that you didn't pursue the visa after the application was approved (the notice you posted was the approval notice), that you are no longer engaged and wish to have the application formally withdrawn and that your former fiance is not cooperating. No guarantee it will be accepted but it is worth a try.

There's no way for an applicant to withdraw the petition. it's just not their form.

Having it documented that they don't want to proceed is not a bad idea either. Although at this point, it's like beating a dead horse at this point...the petition itself should already be dead (or will be very shortly - sooner than any sort of withdrawal letter would even get acknowledged).

Edited July 15, 2019 by geowrian