How to withdraw I-134 Affadavit of Support?

[RodgerTheDodger 0]

My former fiancee was interviewed at US Embassy Manila, approved, and issued a K-1 visa on 16 March 2007. I then learned that she only pretending to be in a relationship with me and had no intention of coming to the US. I canceled the airline tickets I had purchased, and so far as I know, she has never entered the United States. We never married.

On May 3, 2007 I wrote to the Chief, Immigrant Visa Branch, PSC 500, Box 26, FPO AP 96515-1000 USA, and informed them of this situation and suggested that her K-1 Visa be revoked.

I also filed a complaint with the F.B.I. via the fraud web site www.ic3.gov and gave them full details.

I want to preserve my rights to petition USCIS in the future on behalf of my new fiancee and need suggestions on how I should do this.

It was suggested to me to write to USCIS Laguna Niguel with a copy of my ex fiancees NOA, request cancellation of my petition, and request written confirmation from them. I am doing that now.

Has anyone one else been in this situation? Is there anything else I need to do so that I can petition again in the future? Thanks for any suggestions.

[pushbrk 13,683]

My former fiancee was interviewed at US Embassy Manila, approved, and issued a K-1 visa on 16 March 2007. I then learned that she only pretending to be in a relationship with me and had no intention of coming to the US. I canceled the airline tickets I had purchased, and so far as I know, she has never entered the United States. We never married.

On May 3, 2007 I wrote to the Chief, Immigrant Visa Branch, PSC 500, Box 26, FPO AP 96515-1000 USA, and informed them of this situation and suggested that her K-1 Visa be revoked.

I also filed a complaint with the F.B.I. via the fraud web site www.ic3.gov and gave them full details.

I want to preserve my rights to petition USCIS in the future on behalf of my new fiancee and need suggestions on how I should do this.

It was suggested to me to write to USCIS Laguna Niguel with a copy of my ex fiancees NOA, request cancellation of my petition, and request written confirmation from them. I am doing that now.

Has anyone one else been in this situation? Is there anything else I need to do so that I can petition again in the future? Thanks for any suggestions.

What you want is to "withdraw" the petition. Your subject line mentions the I-134. There is no need to specifically withdraw the I-134. It is not a binding document.

When and if you wish to petition for a new fiancee, you may need to request a waiver. Two or more K1 related petitions in a two-year period require a waiver request with the petition.

Edited October 7, 2007 by pushbrk

[Kazan' Tiger 1]

If you have officially withdrawn the petition nothing else needs done. The I-134 is not a legally binding contract.

[Dakine 26]

My former fiancee was interviewed at US Embassy Manila, approved, and issued a K-1 visa on 16 March 2007. I then learned that she only pretending to be in a relationship with me and had no intention of coming to the US. I canceled the airline tickets I had purchased, and so far as I know, she has never entered the United States. We never married.

On May 3, 2007 I wrote to the Chief, Immigrant Visa Branch, PSC 500, Box 26, FPO AP 96515-1000 USA, and informed them of this situation and suggested that her K-1 Visa be revoked.

I also filed a complaint with the F.B.I. via the fraud web site www.ic3.gov and gave them full details.

I want to preserve my rights to petition USCIS in the future on behalf of my new fiancee and need suggestions on how I should do this.

It was suggested to me to write to USCIS Laguna Niguel with a copy of my ex fiancees NOA, request cancellation of my petition, and request written confirmation from them. I am doing that now.

Has anyone one else been in this situation? Is there anything else I need to do so that I can petition again in the future? Thanks for any suggestions.

I sent a notarized letter my first time with the K1 and canceled.

Year later did a CR/K3. That was before IMBRA tho.

[YuAndDan 153]

Even if she came to the USA using the K-1, she has 90 days to marry the petitioner (YOU) she cannot marry someone else, if you don't marry her, she becomes out of status 90 days after entry.

You did every thing correctly, forget about her, and move on.

The I-134 is not a legally binding affidavit.

[RodgerTheDodger 0]

What you want is to "withdraw" the petition. Your subject line mentions the I-134. There is no need to specifically withdraw the I-134. It is not a binding document.

When and if you wish to petition for a new fiancee, you may need to request a waiver. Two or more K1 related petitions in a two-year period require a waiver request with the petition.

Thank's for the guidence. I searched this issue and was able to find the following USCIS guidence from: http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

B. Filing Limitations

IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3).

1. General Waiver

The adjudicator may, in his or her discretion, waive the applicable time and/or numerical limitations if justification exists for such a waiver, except where the petitioner has a history of violent criminal offenses against a person or persons. The petitioner may request a waiver by attaching a signed and dated letter, requesting the waiver and explaining why a waiver would be appropriate in his or her circumstances, together with any evidence in support of the waiver request.

1 The terms ‘domestic violence’, ‘sexual assault’, ‘child abuse and neglect’, ‘dating violence’, ‘elder abuse’, and ‘stalking’ have the meaning given such terms in section 3 of VAWA 2005 (see attachment).

International Marriage Broker Regulation Act Implementation Guidance

HQOPRD 70/6.2.11

Page 3

Factors the adjudicator should consider include, but are not limited to:

• Whether unusual circumstances exist (e.g. death or incapacity of prior beneficiary(ies));

• Whether the petitioner appears to have a history of domestic violence;

• Whether it appears the petitioner has a pattern of filing multiple petitions for different beneficiaries at the same time, of filing and withdrawing petitions, or obtaining approvals of petitions every few years.

Examples of acceptable evidence to support a waiver request include, but are not limited to: a death certificate, police reports, news articles describing an accident which resulted in the beneficiary’s death or incapacity, or medical reports from a licensed medical professional regarding the death or incapacity of an alien approved for a prior K visa. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the adjudicator.

Some examples of possible scenarios are:

• A petitioner who has no criminal history with regard to one of the specified crimes requests a waiver of the filing limitations. The petitioner has one prior approved Form I-129F for the same fiancé(e), and files a report from a physician detailing the illness of the beneficiary that rendered her unable to enter the United States within 90 days. Absent any other adverse factors, the waiver may be granted.

• Conversely, a petitioner who has no criminal history with regard to one of the specified crimes requests a waiver of the filing limitations. The petitioner has previously filed a Form I-129F, for 12 different beneficiaries. The petitioner has submitted no supporting documentation explaining why a waiver of the filing limitations would be appropriate. Absent any favorable factors which may outweigh denial, the waiver should not be granted.