Withdrawal reprisal?

[CyberSamurai013 69]

If someone were to withdraw their petition to immigrate, even after their interview but before a decision was made on their visa, would there be negative consequences when they reapply? Could it be held against them? Could they be denied in the future based on this?

[TBoneTX 45,498]

(Oh, no... not you two, I hope...)

 

Others will weigh in.

 

It would seem to depend on the reason.  If, for example, fraud or bigamy or other disqualifying reasons were involved, then denial would be certain.  If it were "simply" a matter of poor timing in the relationship or factors such as family issues in one of the parties' lives that led to the decision not to proceed, then probably not.  If a new petition were filed later, the petitioner would have to be under the maximum number of petitions filed during a certain period, and otherwise qualify to file.  At the visa stage, the couple could expect questions; if these were answered satisfactorily, then there'd be just about as good a chance of being granted a visa as the first time.  The consular officer has probably seen other such situations arise.

[pushbrk 12,974]

2 hours ago, CyberKnight13 said:

If someone were to withdraw their petition to immigrate, even after their interview but before a decision was made on their visa, would there be negative consequences when they reapply? Could it be held against them? Could they be denied in the future based on this?

Only the petitioner can withdraw the petition.  Only the visa applicant can withdraw their application.  Whether it impacts anybody's future would depend on the reason.  What's the real issue/intent here?

 

[CyberSamurai013 69]

Thank you for your replies!

 

The reason is that we simply aren't in a good financial position to move back to America yet. We are thinking of staying another year or so in Russia in order to enhance our finances and there isn't a mechanism in place to delay the entry to America. We will be starting over there so in addition to the debt we already have from our youngest daughter's birth, we also need to buy a house, a car, furniture, etc. The move alone will cost about $10k-$20k depending on whether we bring our household goods or not. We do meet all the financial requirements for the visa such as those set by USCIS, NVC, etc. so that isn't the issue.

For clarification, we live together in Russia; she had her medical and interview but no decision has been made as the consulate is awaiting more paperwork from us that we have yet to send; there has been no fraud or breakdown of the marriage, etc.; This would be a mutual decision if we decide to go this route.  

[CyberSamurai013 69]

So, I just talked to an immigration attorney and he said that yes we can withdraw from the process at this point. That I need to be the one to do so as I am the petitioner. He also said we can submit a new petition to start the process over and that there would be no negative consequences for doing so and that they cannot deny us on these grounds.

[Chancy 6,241]

3 hours ago, CyberKnight13 said:

she had her medical and interview but no decision has been made as the consulate is awaiting more paperwork from us that we have yet to send; there has been no fraud or breakdown of the marriage, etc.

 

In that case, do NOT withdraw your petition.  Simply delay the submission of the requested paperwork until you are ready to move to the US.  Just make sure to contact the consulate at least once a year to notify them that you are still interested in pursuing a visa for your spouse but your current circumstances prevent you from submitting the paperwork at this time.

 

Also, ditch that immigration attorney for not explaining the option of delaying the visa issuance.  Starting from scratch with a new petition would cost you more.

 

[CyberSamurai013 69]

8 minutes ago, Chancy said:

 

In that case, do NOT withdraw your petition.  Simply delay the submission of the requested paperwork until you are ready to move to the US.  Just make sure to contact the consulate at least once a year to notify them that you are still interested in pursuing a visa for your spouse but your current circumstances prevent you from submitting the paperwork at this time.

 

Also, ditch that immigration attorney for not explaining the option of delaying the visa issuance.  Starting from scratch with a new petition would cost you more.

 

What about the medical exam? They are only good for 6 months and she already had hers.

[Chancy 6,241]

Just now, CyberKnight13 said:

What about the medical exam? They are only good for 6 months and she already had hers.

 

She will need to repeat the medical after you notify the consulate that you are ready to proceed and they resume the visa process.

 

[CyberSamurai013 69]

8 minutes ago, Chancy said:

 

She will need to repeat the medical after you notify the consulate that you are ready to proceed and they resume the visa process.

 

Isn't it likely they will either close the case or simply grant the visa? We showed them copies of the papers they requested but they want originals. I did upload one of the two originals to CEAC but we have not sent them or the passport and we are still trying to get the other original from the court in Maryland. I just do not want to get stuck with a denial or them granting it when we are in a weaker position as far as being ready to move.

Edited March 30, 2023 by CyberKnight13

[Chancy 6,241]

Just now, CyberKnight13 said:

Isn't it likely they will either close the case or simply grant the visa?

 

The consulate will not grant the visa if there is missing paperwork from you.  They will not deny or close the case IF you notify them that you still wish to pursue the visa but you are not able to proceed with the paperwork at this time.  They will keep the case in temporary Refused/AP status until you are ready to proceed.  Again, it is critical that you contact the consulate in writing (email is ok) at least once per year about your intent.

 

[CyberSamurai013 69]

3 minutes ago, Chancy said:

 

The consulate will not grant the visa if there is missing paperwork from you.  They will not deny or close the case IF you notify them that you still wish to pursue the visa but you are not able to proceed with the paperwork at this time.  They will keep the case in temporary Refused/AP status until you are ready to proceed.  Again, it is critical that you contact the consulate in writing (email is ok) at least once per year about your intent.

 

Roger that, thank you!

[OldUser 6,878]

4 hours ago, CyberKnight13 said:

we also need to buy a house, a car, furniture, etc. 

It's perfectly normal to rent for the first few years after moving. Not many Americans can buy the house right now given the mortgage rates nowadays. There's always likely going to be some sacrifices for a new immigrant, but in the end, you may achieve your financial goals quicker in the States, considering the pay overall is higher than Eastern Europe. There's also a risk of relations between Russia and US deteriorating even more in the upcoming years, and nobody knows how it would complicate immigration. If the finances is the only concern, I'd reevaluate and see how to optimize costs and make it happen.

 

You should be able to stop the process and re-apply for visa in the future. But as mentioned in previous posts, better to pause it.

Edited March 30, 2023 by OldUser

[CyberSamurai013 69]

1 minute ago, OldUser said:

It's perfectly normal to rent for the first few years after moving. Not many Americans can buy the house right now given the mortgage rates nowadays. There's always likely going to be some sacrifices for a new immigrant, but in the end, you may achieve your financial goals quicker in the States, considering the pay overall is higher than Eastern Europe. There's also a risk of relations between Russia and US deteriorating even more in the upcoming years, and nobody knows how it would complicate immigration. If the finances is the only concern, I'd reevaluate and see how to optimize costs and make it happen.

 

You should be able to stop the process and re-apply for visa in the future.

I understand what you are saying and some of these are concerns of ours as well. I am a medically retired war veteran so all of our income is from American sources. We can definitely improve our financial situation much better and much faster from here than we ever could in America. The house versus flat issue is that flats in the area we are moving to cost about $1300-$1500 a month to rent and we can get a mortgage for less. We would be first time buyers using my VA home loan so it makes more sense to purchase a home than rent.

[pushbrk 12,974]

5 hours ago, CyberKnight13 said:

I understand what you are saying and some of these are concerns of ours as well. I am a medically retired war veteran so all of our income is from American sources. We can definitely improve our financial situation much better and much faster from here than we ever could in America. The house versus flat issue is that flats in the area we are moving to cost about $1300-$1500 a month to rent and we can get a mortgage for less. We would be first time buyers using my VA home loan so it makes more sense to purchase a home than rent.

Sounds like you've got a handle on it now.  When it comes to household goods.  I would advise only moving the things that are important to you.  Moving furniture halfway around the world is more expensive than buying new.

[CyberSamurai013 69]

14 hours ago, pushbrk said:

Sounds like you've got a handle on it now.  When it comes to household goods.  I would advise only moving the things that are important to you.  Moving furniture halfway around the world is more expensive than buying new.

This is great advice, thank you! Unfortunately, my wife is a bibliophile and therefore we have about 100 boxes (15kg each) of Soviet and Russian books that are rare and were hard for her to collect. LOL