Can I abandon K-3 Visa Process

[supernova 0]

Hello Everybody !!

I have a I-130 case pending trought California Service Center since May/2007 and already sent I-129F ( unfortunately to the wrong Service Center (Nebraska) ).

Reading the DCF Guide realised that we qualify to DCF since we live abroad for more than 6 months.

The fact is I am very dissapointed after that mistake so I think it will delay our process.

Is it possibly to change route ?

Are there someone else who changed route and can give me some guidance what to do ?

Thanks

[payxibka 10,044]

DCF is an I-130 petition filed with the consulate not an I-129F petition for K-3 so technically abandoning the K-3 petition gets you no where.... as you still have an active I-130

Edited June 21, 2007 by fwaguy

[Urge To Race 2]

Hello Everybody !!

I have a I-130 case pending trought California Service Center since May/2007 and already sent I-129F ( unfortunately to the wrong Service Center (Nebraska) ).

Reading the DCF Guide realised that we qualify to DCF since we live abroad for more than 6 months.

The fact is I am very dissapointed after that mistake so I think it will delay our process.

Is it possibly to change route ?

Are there someone else who changed route and can give me some guidance what to do ?

Thanks

Yes, there was another member recently who was able to DCF after sending I130 to VSC. You have to withdraw the petitions, and check with the consulate to see if they will accept your DCF. They may require proof that you withdrew the current pending I130 before accepting, so check first.

[YuAndDan 153]

If you abandon the K-3 (I-129F) you may have to file I-824 ($200) to get USCIS to move the I-130 case on to NVC, in most K-3 cases, once the K-3 is started they hold the approved I-130 and just send the K-3 case on to the NVC, the reason they are doing this is because the majority of K-3 cases go on to filing for AOS after entering the country on the K-3 and abandoning the CR-1/IR-1, this was causing wasted work for NVC, and the consulates.

The other option is to cancel both I-130 and I-129F and just refile an I-130 at the consulate, you loose the money paid for the K-3 process though.

[supernova 0]

If you abandon the K-3 (I-129F) you may have to file I-824 ($200) to get USCIS to move the I-130 case on to NVC, in most K-3 cases, once the K-3 is started they hold the approved I-130 and just send the K-3 case on to the NVC, the reason they are doing this is because the majority of K-3 cases go on to filing for AOS after entering the country on the K-3 and abandoning the CR-1/IR-1, this was causing wasted work for NVC, and the consulates.

The other option is to cancel both I-130 and I-129F and just refile an I-130 at the consulate, you loose the money paid for the K-3 process though.

Thank you everybody !

I see that it is better to wait a little more, Hope Nebraska Service Center foward my papers to the right Service Center as soon as possible.

[Dr. Obvious 49]

You still have vaild PR in that country, correct? If it is invalid, you are probably ineligible to file.

[Yodrak 7]

supernova,

Sure. But you might want to make darn sure that the consulate or overseas USCIS office you'll be using will accept your I-130 petition for processing before you cancel the petitions that you've already submitted.

Yodrak

Hello Everybody !!

I have a I-130 case pending trought California Service Center since May/2007 and already sent I-129F ( unfortunately to the wrong Service Center (Nebraska) ).

Reading the DCF Guide realised that we qualify to DCF since we live abroad for more than 6 months.

The fact is I am very dissapointed after that mistake so I think it will delay our process.

Is it possibly to change route ?

......

Thanks

[manuidf78 0]

Hi,

For me it was possible. After receiving the I797 from VSC center ( K3 process) we decide to switch to the DCF. So we went to the embassy three weeks ago and they accepted our case . I130 accepted the same day. We received 1 week later the approval and package 3.

We didn't cancel our process in VSC, as our lawyer said that it's not necessary and when we asked the woman at the embassy she didn't really know !

In the DCF we put our I797 so they were awared of our process.

Manu

[supernova 0]

Hi,

For me it was possible. After receiving the I797 from VSC center ( K3 process) we decide to switch to the DCF. So we went to the embassy three weeks ago and they accepted our case . I130 accepted the same day. We received 1 week later the approval and package 3.

We didn't cancel our process in VSC, as our lawyer said that it's not necessary and when we asked the woman at the embassy she didn't really know !

In the DCF we put our I797 so they were awared of our process.

Manu

Hi everybody !!

Thank so so much for your attention to my question !!

Yes my husband has his residence here !

We do not decide yet but it is good to know that it is possible !!

[marlaandalex 0]

Hello Everybody !!

I have a I-130 case pending trought California Service Center since May/2007 and already sent I-129F ( unfortunately to the wrong Service Center (Nebraska) ).

Reading the DCF Guide realised that we qualify to DCF since we live abroad for more than 6 months.

The fact is I am very dissapointed after that mistake so I think it will delay our process.

Is it possibly to change route ?

Are there someone else who changed route and can give me some guidance what to do ?

Thanks

hey supernova,

We are in exactly the same boat as you! We filed an I129, then canceled it because of AOS and EAD. Then found out that Ireland was allowing DCF again. We are thinking of canceling our I130 and filing a new one. Since our NOA1 was sent out on April25th, we havent received a single touch, so it seems no one has cast their eyes on our petition again. Meanwhile, those doing DCF are proceeding to NOA2 and packet 3s. All you have to do is write a letter of withdrawal to current location of petition, stating reason for withdrawal and copy of NOA1 for I130 (doesnt need to be notarized). We are planning on calling embassy on Monday to ask if they need proof of withdrawal. I spoke to 2 different USCIS who didnt know. Judging by the last embassy lady I spoke to, I doubt she will either. Im hoping the answer is no, because we sent our withdrawal to I129 2 1/2 weeks ago. We havent received a response, and its not showing on our profile on USCIS website.

If proof of withdrawal is not needed, we are going to wait until end of July to see if their is any action on our first I130. The filing fees for I130 increase to $355 on July30th. So if you think you might refile, I suggest you do it before then.

[supernova 0]

Hello Everybody !!

I have a I-130 case pending trought California Service Center since May/2007 and already sent I-129F ( unfortunately to the wrong Service Center (Nebraska) ).

Reading the DCF Guide realised that we qualify to DCF since we live abroad for more than 6 months.

The fact is I am very dissapointed after that mistake so I think it will delay our process.

Is it possibly to change route ?

Are there someone else who changed route and can give me some guidance what to do ?

Thanks

hey supernova,

We are in exactly the same boat as you! We filed an I129, then canceled it because of AOS and EAD. Then found out that Ireland was allowing DCF again. We are thinking of canceling our I130 and filing a new one. Since our NOA1 was sent out on April25th, we havent received a single touch, so it seems no one has cast their eyes on our petition again. Meanwhile, those doing DCF are proceeding to NOA2 and packet 3s. All you have to do is write a letter of withdrawal to current location of petition, stating reason for withdrawal and copy of NOA1 for I130 (doesnt need to be notarized). We are planning on calling embassy on Monday to ask if they need proof of withdrawal. I spoke to 2 different USCIS who didnt know. Judging by the last embassy lady I spoke to, I doubt she will either. Im hoping the answer is no, because we sent our withdrawal to I129 2 1/2 weeks ago. We havent received a response, and its not showing on our profile on USCIS website.

If proof of withdrawal is not needed, we are going to wait until end of July to see if their is any action on our first I130. The filing fees for I130 increase to $355 on July30th. So if you think you might refile, I suggest you do it before then.

Hello !

Have you started the DCF process ? I am curious to know if they asked you for the proof of withdrawal also could you explain how exactly this letter withdrawal should be ?

Have we to sent more forms ?

My husband has his PR for 7 months by now I cant see any reason to wait for K-3 also beacuse i have been famous here by sending I-129F to the wrong Service Center.

Thank you all !!

[marlaandalex 0]

Hello Everybody !!

I have a I-130 case pending trought California Service Center since May/2007 and already sent I-129F ( unfortunately to the wrong Service Center (Nebraska) ).

Reading the DCF Guide realised that we qualify to DCF since we live abroad for more than 6 months.

The fact is I am very dissapointed after that mistake so I think it will delay our process.

Is it possibly to change route ?

Are there someone else who changed route and can give me some guidance what to do ?

Thanks

hey supernova,

We are in exactly the same boat as you! We filed an I129, then canceled it because of AOS and EAD. Then found out that Ireland was allowing DCF again. We are thinking of canceling our I130 and filing a new one. Since our NOA1 was sent out on April25th, we havent received a single touch, so it seems no one has cast their eyes on our petition again. Meanwhile, those doing DCF are proceeding to NOA2 and packet 3s. All you have to do is write a letter of withdrawal to current location of petition, stating reason for withdrawal and copy of NOA1 for I130 (doesnt need to be notarized). We are planning on calling embassy on Monday to ask if they need proof of withdrawal. I spoke to 2 different USCIS who didnt know. Judging by the last embassy lady I spoke to, I doubt she will either. Im hoping the answer is no, because we sent our withdrawal to I129 2 1/2 weeks ago. We havent received a response, and its not showing on our profile on USCIS website.

If proof of withdrawal is not needed, we are going to wait until end of July to see if their is any action on our first I130. The filing fees for I130 increase to $355 on July30th. So if you think you might refile, I suggest you do it before then.

Hello !

Have you started the DCF process ? I am curious to know if they asked you for the proof of withdrawal also could you explain how exactly this letter withdrawal should be ?

Have we to sent more forms ?

My husband has his PR for 7 months by now I cant see any reason to wait for K-3 also beacuse i have been famous here by sending I-129F to the wrong Service Center.

Thank you all !!

Hey there!

My husband and i have not started the DCF yet. we just got back into town, and were hoping to find a response to our withdrawal letter waiting for us. No luck yet.

For your withdrawal letter . . .

You do not need any other forms to cancel the I130. Just a simple letter. Tell them that you previously filed an I130, list your receipt number, and the reason you want to withdrawal (in order to pursue direct consulate filing). You do NOT have to get the letter notarized. You DO need to include a copy of your NOA1 for your I130 you are withdrawing. File the letter to the service center your I130 is currently located at. You can call uscis to be sure of its location.

I also typed the date and signed after my printed name on the letter.

Just remember that, once withdrawn, there is no way to bring that I130 back to life, so call your embassy to be sure you can file.

For your proof of withdrawal . . .

Call your embassy to see what they need for proof. We are filing in Dublin, but they just send the forms on to London. Dublin told us we had to send the application in along with the USCIS response letter to our withdrawal.

We emailed London and they said to just send a copy of the letter(which is why i made sure to type the date). Once they received our application, they would call USCIS to verify we canceled the other I130. So that's two different responses from 2 different embassies. I would call yours to be sure. We are going to wait until closer to the end of july to refile with DCF to give the response letter some time to come in. If it hasnt, im going to send in our I130 with a copy of the withdrawal letter and a copy of the email from the embassy stating we dont need a response letter. Emailing your embassy also might be the best action so you have written proof of their response. Looking through the forums here as to whether a proof of response is needed i saw both yes and no. so it may depend on the embassy and on who you talk to at the embassy. Thats why i think having them email you there response is best, so you can include it in your package.

But just another reminder, the filing fees are going up at the end of this month. We are going to hold off for the response letter, but are getting all our papers together now. There are a few more things you have to have to do the DCF filing. Our embassies website had a checklist. We need a copy of my photo page on my passport and the stamps that show I am allowed extended stay in ireland. We also have to send in a copy of the photopage of my husbands passport. I130 D.2 asks if you have ever filed a petition for your spouse before, and if yes one line for dates and results. We are going to attach an addendum to that with the details of when withdrawal letter was sent, and then include the copy of the withdrawal letter.

I hope some of this is helpful, and apologize for being so long-winded. Good luck!!!