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poia

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  1. I do not have any of that since i'm a full time student and still live with my parents. I would have a bank statemennt saying i paid my school for next year, certificates that I'm still in school, study plan with exams done/to do, certificate of residence, probably a sworn letter stating i absolutely do not inted to immigrate at that time. My fiance applied for me when i was still there visiting, then i left a week after (did not overstayed, never!) and 2 days later we got our noa1 and thats it.
    If we decided to withdraw now, then getting married this summer while on vwp, what should i say at poe? state the truth? again, we still don't have plans. But i don't want to risk to be denied cr1 for misrepresentation.

  2. My plan is to enter on esta before getting married and before filing for cr1. I am considering withdrawing my i-129f petition (explaining we are still engaged just want to use the cr1) then enter in the summer to visit my fiance, but we don't have any plans for the wedding yet. I am just scared the cbp sees i would have withdrawn my petition at the poe and won't let me in. I of course would bring every proof i can think of that will show i definitely intend to go back at the end of the summer (school certificates, bank statements etc).
    Do you know if they can see a withdrawn petition? If this is a red flag for them? Just want to be sure.

  3. Ok then! thank you for clarifying my doubts. I know it's not an issue to withdraw my petition, I just love my fiance very much and don't want to do anything to jeopardize our future together. I read that with the cr1 you can get married in the states and leave and then file, or marry in my country and then file without having to wait for AP and that would be really conveniente for me at this point. If more questions comes up to my mind can I ask you? :)

    By waiting for AP I just meant in case we decided to get married in the states

  4. any other idea of what I could bring? A letter from my mother in law inviting me over and saying she's sorry I won't stay for the whole summer? my study plan? exams done and exams to do? A phone bill stating I'm still paying my phone? Car insurance covering the whole year? I really wanna be safe, we would just withdrew the petition to change path, we absolutely DO NOT WANT to do anything illegal.
    Do you think we should call uscis before withdraw and inquire if I'll be ok? Is there a number we can call to talk to them maybe without having to give them our case number just to ask infos?
    If i was denied entry would that affect a future visa application?

  5. Hello VJ community!
    I was wondering if cbp officers at poe are able to see if an individual has withdraw a visa application. I would have my fiance withdraw my I-129F application in order to use the CR1 in the fall, but I would like to visit US during the summer. We're still engaged, just changed our minds on the path to follow. Will I (the beneficiary) encounter any problem at POE?

  6. Hey guys,

    Quick question...for the proof of ongoing relationship in our I-129f we included

    1) photos together

    2) my I-94 travel form to show I've been to the US to visit numerous times

    3) statement of intent to marry

    Will this be enough? I always thought that the chat logs etc were to be taken to the interview?

    we put 33 photos of us and with our families and friends, conversations on whatsapp (from march to december cause we both changed phones and we couldn't retrieve the previous conversations), call logs from viber (2 pages), 3 letters we sent to each other with the envelopes showing the stamps, i-94 form, boarding passes, itineraries, 2 movie tickets (of movies we saw in january since we didn't save the others) and one from a show we saw together last summer, then we sent 3 pages of facebook chats, 3 pages of facebook showing that we post on each other walls and showing the likes and comments of friends, 4 pictures on copy paper from our engagement day (then i wrote over each picture with a pen who was present in the picture), passports stamps... I don't know if it's enough since we haven't been approved yet, but better be safe than sorry.

    My fiancé and I mainly use iMessage to communicate as we both have iPhones, how would we go about using them as proof at the interview? Cause with Skype you can just print the logs online, is there anyway to do this with iMessage?

    i don't know how iMessage works, but I think it's fine if you took screenshoots of the convs with your phone then print them... that's what we did!

  7. alright, thank you! I just want to be sure 100% so thanks for replying. I found this online yesterday

    https://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3047.html

    It states
    "A petition which has been withdrawn cannot be denied. See Matter of Cintron , 16 I&N Dec 9 (BIA 1976).

    Where a visa petition has once been withdrawn based on an admission by a party that the marriage was solely entered into to bestow an immigration benefit, any subsequently filed visa petition involving the same petitioner and beneficiary must include at the time of filing: (1) an explanation of the prior withdrawal and (2) evidence supporting the bona fides of the parties' relationship. The BIA has held that “[t]he petitioner bears a heavy burden to establish the bona fides of the marital relationship in the case of a prior visa petition withdrawal and an admission of a fraudulent marriage, and, absent the submission of the previously related materials at the time of filing, a district director can reasonably deny the petitioner based on the admission made in conjunction with the prior withdrawal” [emphasis added]. See Matter of Laureano , 19 I&N Dec. 1 (BIA 1983)."

    We're withdrawing our petition due to the fact that we decided to change path (for personal reasons). Our marriage will still be bona fide and
    not for immigration purposes (and we have 5 years of dating to prove that). So my question is, while filing for CR1 do we have to slip in the pack the letter of withdrawal of i129f (for the reason we wanted to write: We are still engaged just decided to go with the CR1 instead... is that a good reason?)?
  8. Hello again VJ community and happy monday!
    One quick question. If I were to withdraw my i-129f petition (still not approved, we just received our NOA1), would that be considered a denied visa? should I update my esta and say yes under "did they ever deny you a visa"? Technically is just a petition right?
    If I were to do that now (february) and then try to enter the US with my esta in the summer will I encounter any problems? I never overstayed, just decided to go with the CR1 instead.

    Looking forward to your replies!

  9. The only photocopies that are allowed at this time ( while sending i-129f) are copies of photos, copies of passports pages, copies of tickets/boarding passes/itineraries, copies (back and front) of the petitioner's birth certificate (and vary petitioner / beneficiary's divorce decrees and stuff if you have them) and copies of anything that proves you two have a genuine relationship. The petitioner will have to sign forms i-129f, g-325a, cover letter, letter of intent and any supplement to any question of the form i-129f (for example for question 34a we wrote the entire story of how we met in the first place and how we met in the following 5 years). The beneficiary (you) will have to sign form g-325a and the letter of intent to marry. All the signatures must be in black ink and the forms CANNOT be scanned and sent to him, but you have to phisically mail them to your fiancè.
    Good luck on your journey!

  10. Hello, and super thank you for your kind and detailed response. Sorry I was impatient, but this thing is really freaking me out. I had everything planned and wasn't expecting this at all. Also I was really afraid that if I decided to go with the CR1 route, my esta wouldn't have been valid anymore.

    - So, for the withdrawal should I (well my fiance actually) just send a notarized letter stating that we are still together but decided to go for the cr1 and a copy (on copy paper) of the noa1? (we just received the hardcopy yesterday). Which way should we send it? Snail mail, email...?

    - Should I upload the ESTA stating that I had cancelled a visa (even if we're still at the petition stage and not yet approved)?

    - If they asked me any questions, what should I say? "Yes we decided to change route cause I have to go back right after the wedding to finish school"? And bring documentation with me to prove I still have a year left of school, and my ticket to go back.

    - Also one more question. i entered the DV lottery in 2013 (me and my fiancè were already dating for 3 years at the time and I just wanted to be with him), but didn't win. Could this be considered an issue when I apply for CR1 (or even if i continue with the K1)?

    Thank You again!!

  11. Hello again, just starting a new topic for peace of mind. Before starting this I saw multiple answers on a similar topic but they were discordant.
    So here it is: we sent our I-129F petition on Jan 25 and already received our NOA1 (via email and sms, waiting for the hardcopy) while I still was in the US. I came back in my country two days ago and discovered something about my school (I'm currently attending my last year of university) that won't allow me to proceed with the K1 and subsequently wait for AOS/AP. I browsed this forum and discovered K1 is not the only way to get married, but you can also do it through esta then come back in my country and apply for CR1 (and that would mean: no problems with school, yay!)
    I'm so sorry to have to start this post, and I know, I should have read the guides better before. But what is done is done, and I'm here once again to ask for your help because you are wonderful and helped me so much already! Here's my questions:

    - How can I withdrawn my K1 petition? Should I do it (beneficiary) or is better that my fiancè(petitioner) does that? To who we address the letter (our petition is at California Service Center atm)? Do we wait for our NOA1 hardcopy and send a copy of it with the letter? Do we have to give them a reason (Like: we decided to go with i-130 instead)?

    - I also read that you can just ignore K1 and just proceed with the wedding instead and then file for i-130 sending them a letter that we don't longer need I-129f. Which one is the best way? (It's February and we would like to get married in August)

    - Will that have ripercussion on me (beneficiary)? Will I still have an ESTA (technically mine is valid till July 2017) or do I have to re-apply? Will they see at POE that I withdraw my K1 petition and make it difficult for me to enter the country? If so do I have to bring any documents with me?

    - Can I start organizing the wedding right away? How long does it take for them to annul my K1 petition?

    Thanks to all of you who will respond. Thanks for all your patience... without you I would be lost!


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