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Filed: K-1 Visa Country: Vietnam
Timeline
Posted (edited)

Hello all, I’m sad to say my relationship didn’t work out, but I have a few questions for what’s next. I am the petitioner and a USC. 

 

The k1 application is at the embassy in HCMC and was extended for a year. We did not attend the interview. 

 

Should I contact the embassy to withdraw the application for either of the three scenarios below. I am curious to know if the active petition will cause any issues. 

 

1) I meet another USC and want to get married. 

 

2) I meet someone in the US on a F1 visa, we get married, and I petition for a green card for my partner. 

 

3) I meet someone outside of the US and I want to apply for another K1 or a spousal visa

Edited by Luon7951
Posted

Contact USCIS and send a letter to withdraw the I-129F petition. Send a copy of the letter to the embassy (email should be fine). They will (eventually) send it back to USCIS to terminate it.

It's just better for everybody involved to close the loose ends. Technically the I-129F should expire on its own eventually, but it's just cleaner to make it formal and make it an explicit act to do so.

Sorry things didn't work out.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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

 

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

As geowrian said, the applications, etc., will eventually expire.However, it is better to leave things on a good note. Send letters to the consulate @HCMC (email should be fine), and a letter to the CSC telling them things just work out as you had planned. Be sure to include a copy of your NOA2 with USCIS receipt number. The letter to the consulate should also have the NVC case file number. You don't need to go into any details, just short and sweet. I would suggest that you send the one to CSC be certified, return receipt requested. That way you know that they got it.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
11 hours ago, Pitaya said:

As geowrian said, the applications, etc., will eventually expire.However, it is better to leave things on a good note. Send letters to the consulate @HCMC (email should be fine), and a letter to the CSC telling them things just work out as you had planned. Be sure to include a copy of your NOA2 with USCIS receipt number. The letter to the consulate should also have the NVC case file number. You don't need to go into any details, just short and sweet. I would suggest that you send the one to CSC be certified, return receipt requested. That way you know that they got it.

Sorry for my ignorance, but what is the CSC?

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
1 minute ago, Luon7951 said:

Sorry for my ignorance, but what is the CSC?

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Posted (edited)
11 hours ago, Pitaya said:

As geowrian said, the applications, etc., will eventually expire.However, it is better to leave things on a good note. Send letters to the consulate @HCMC (email should be fine), and a letter to the CSC telling them things just work out as you had planned. Be sure to include a copy of your NOA2 with USCIS receipt number. The letter to the consulate should also have the NVC case file number. You don't need to go into any details, just short and sweet. I would suggest that you send the one to CSC be certified, return receipt requested. That way you know that they got it.

Only needs to send a letter to : Embassy/Consulate where the interview is to take place, and send one to the USCIS and include service center.

 

 

Edited by Falcon Cara

ChickBoy

Posted
12 hours ago, Luon7951 said:

Hello all, I’m sad to say my relationship didn’t work out, but I have a few questions for what’s next. I am the petitioner and a USC. 

 

The k1 application is at the embassy in HCMC and was extended for a year. We did not attend the interview. 

 

Should I contact the embassy to withdraw the application for either of the three scenarios below. I am curious to know if the active petition will cause any issues. 

 

1) I meet another USC and want to get married. 

 

2) I meet someone in the US on a F1 visa, we get married, and I petition for a green card for my partner. 

 

3) I meet someone outside of the US and I want to apply for another K1 or a spousal visa

Send a withdrawl letter to the Embassy, and they should issue you a letter stating it has been withdrew

 

USCIS will also send you a letter letting you know they have administratively closed the petition because original validity date has passed, the action is without prejudice to the filing of any future petitions or applications.

ChickBoy

Filed: Citizen (apr) Country: Morocco
Timeline
Posted
18 hours ago, Luon7951 said:

Hello all, I’m sad to say my relationship didn’t work out, but I have a few questions for what’s next. I am the petitioner and a USC. 

 

The k1 application is at the embassy in HCMC and was extended for a year. We did not attend the interview. 

 

Should I contact the embassy to withdraw the application for either of the three scenarios below. I am curious to know if the active petition will cause any issues. 

 

1) I meet another USC and want to get married. 

 

2) I meet someone in the US on a F1 visa, we get married, and I petition for a green card for my partner. 

 

3) I meet someone outside of the US and I want to apply for another K1 or a spousal visa

you say you are the USC and then ask about meeting another US person to marry ????

 

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
On 8/31/2019 at 10:17 PM, geowrian said:

Contact USCIS and send a letter to withdraw the I-129F petition. Send a copy of the letter to the embassy (email should be fine). They will (eventually) send it back to USCIS to terminate it.

It's just better for everybody involved to close the loose ends. Technically the I-129F should expire on its own eventually, but it's just cleaner to make it formal and make it an explicit act to do so.

Sorry things didn't work out.

Excellent advice. This is exactly what a friend of mine did and it worked out.

  • 1 month later...
Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Sorry to bother again. I had one additional question. 

 

If I proceed to cancel the K1 petition with the consulate and they send it back to the CSC is there any way to reverse it so it becomes active again? I heard they just hold it and let it expire or would I start a new petition? 

Filed: K-1 Visa Country: China
Timeline
Posted
3 hours ago, Luon7951 said:

Sorry to bother again. I had one additional question. 

 

If I proceed to cancel the K1 petition with the consulate and they send it back to the CSC is there any way to reverse it so it becomes active again? I heard they just hold it and let it expire or would I start a new petition? 

I am 1 2nd time K-1 petitioner - same situation, didnt work out first time.  My attorney said no way to cancel just let it expire.  This was 3 years ago.    I did nothing.

 

Now I am in 2nd K-1 going for my interview in about 1 months time, no RFE, 90 day NOA2.

 

USC marry USC - very easy in USA, no immigration involved.

USC marry F-1 to AOS to GC, - prove bonafide relationship - marriage cert, bank accts, pictures, wedding honeymoon, leases etc

USC petition 2nd K-1 - like me, its a new application, prove bonafide relationship, met 1x in 2 years, income can support etc.

 

 

=============
5/20/2019 - I129 Submitted

5/22/19 - NOA1

 

Posted
4 hours ago, Luon7951 said:

Sorry to bother again. I had one additional question. 

 

If I proceed to cancel the K1 petition with the consulate and they send it back to the CSC is there any way to reverse it so it becomes active again? I heard they just hold it and let it expire or would I start a new petition? 

Once you submit a withdrawal letter, the petition will die. There is no way to cancel a withdrawal. You would have to start over with a new petition.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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

 

 
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