S.B.Hummingbird

I think you're correct. Since you came to the US with a K1 then you should be finished dealing with the Department of State, and they should have nothing to do with your AOS petition.

You can withdraw your petition by sending a signed request to the service center that has your petition. Once the withdrawal has been accepted by USCIS then it cannot be appealed; i.e., you can't change your mind and try to resurrect the petition. If you don't withdraw the petition and fail to show up at your interview then the petition will be considered abandoned. The net result is the same in either case. There are no penalties. Withdrawing the petition will close your case sooner, and make it less complicated if you plan to visit the US anytime soon.

Did you turn in your I-94 when you left the US? It's important that your date of departure was recorded by DHS. Otherwise, they will assume you're still in the US and marching toward the 6 month overstay mark.

Hi JimVaPhuong,

Yes I did turn in my I-94 when I left the US. When I log into the case status on the USICS website it still says "Inital Review". Others who filed for their AOS at the same time as me have been approved whereas I only received my AP and EAD documents so I would assume they know that I am out of the US.

My husband has moved residence so I feel really pressed to take care of this as USICS has no way of corresponding with me. Despite my asking him to call USICS and find out exactly what needs to be done I believe he has not yet done so. The only information I could find on this was on the USICS website it said for queries outside the US contact your nearest embassy. I did that and they were not much help. They said to contact USICS directly.

I'm so sorry it didn't work out.

This: http://travel.state.gov/visa/immigrants/info/info_3180.html#withdraw says that you need to write a letter to NVC withdrawing the petition. Remember to include your alien number and any case numbers that you have. This link has the contact information as well.

As for affecting your visits in the future... it shouldn't. You should still be eligible for the VWP (if you were before). If you ever want to try for another fiancee visa they may ask questions about the previous petition (depending on how quick it was) but they also may not. You should be okay either way. Just remember to list it if ever asked.

Once again I'm so sorry. Best of luck for the future.

Hi Vanessa,

Thanks for the response. Congrat's on getting your AP and EAD aprroved.

Are you sure that writing to NVC is the right place to send the withdrawal to? I thought NVC just dealt with processing visas. My AOS case is now pending at CSC with USICS.

Cheers

Hi Fellow Visa Journey Members,

I need to cancel my AOS and I am no longer in the USA. My husband is the US citizen and we filed for divorce while the AOS is pending. Am I correct in saying the penalties will be less if I cancel the petition myself rather than my husband withdrawing the affidavit of support? I left the US on the 28th of March 2010 and my AP and EAD were approved in early April. My husband has this documentation in the US. The case was transfered to CSC.

I asked my husband to call USICS a while ago as I have been extremely stressed out about this and I have not heard back from him. I don't want to do the wrong thing in regards to immigration.

Does anyone know how should I go about cancelling the AOS seeing I am not in the US? Do I write to CSC and include relevant documentation? Does anyone know what this will entail for me in regards to future visits to the US if I cancel the AOS?

Responses are much appreciated.

Hi All on Visa Journeys,

I have a situation that has arisen and I would really appreciate some help from anyone with similar experience or background knowledge.

I had to leave the US due to an emergency prior to my AP being approved. My K1 visa expired on March 4th. My husband and I had filed all the paperwork for the AOS. I left on the 28th of March and handed my I-194 in when I left the country.

Fortunately I was in the US when I had my biometrics appointment. My AP and EAD have since been both approved and sent to my address in the US, however I am still out of the country. Does anyone know if my husband sends me the the approval for the AP, is this still valid to use to enter the country since I had to leave before it was approved? Approval date for AP was April 7th.

I have checked the USICS case status website and my AOS petition is still on track.

Any help or advice would be much appreciated.

Okay! Yes it IS the same. So the annotation number on my visa, the number that the dude at POE wrote in my passport, and the number on the NOA2 under beneficiary are ALL the same. So woot

And yes, the alien number is the number minus the A

Oh and thank you for the welcome back to VJ. I actually am usually on either of these threads:

http://www.visajourney.com/forums/index.php?showtopic=206016 (I started it and now it's more of a continuing thread rather than what it started as)

and the Aussie one: http://www.visajourney.com/forums/index.ph...3541&st=750

Thanks for taking a look at that!

So it looks like some wally at the Sydney Consulate just typed in one number wrong (all the others were identical). Very confusing when you are looking at mountains of paperwork and something as little as one number out of sequence doesn't add up!

Okay, I'm kinda wrong. It IS on my passport but under "annotation".. lol. Never noticed that before. Was that the number you were talking about?

What I meant about nothing till POE or approved was that it shouldn't be on your NOA2. But then I never really paid lots of attention to my NOA2 except for the number starting with SYD.

Hey Vanessa, good to see you back here on VJ.

On the NOA2 (I-797, Notice of Action) - the form your fiance received before your case went to the NVC. You got the SYD number when he received the letter from the NVC. Under beneficiary there is a number that starts with A*** *** *** (and then 9 digits) and then your name. I thought this was your Alien Number.

On your actual K-1 Visa in your passport yes it is the one under annotation. I was told that this was my A # at POE although there is nothing written on my I-94 form.

Can you see if these two numers are the same on your documentation?

Would anyone else know if they are supposed to be the same??? IS the A # 9 numbers not including the A?

This is all driving me a bit round the bend...

Hello Everyone experienced with USICS formalities,

There is a one digit diffenerce in my Alien # on the NOA2 and on the actual K-1 visa in my passport. Maybe they entered it incorrectly at the US consulate. The correct one to put down on the AOS forms would be the the one on the NOA2 yes?

Thanks

Hey Vanessa,

Just a quick note to say a BIG THANK YOU for this thread.

We just got our packet 3 notification via email yesterday from the Sydney consulate and your experience makes it so much easier to go through the process. Got my DS-230 part 1 in the mail today as had it all ready to go - guess things will move really quickly from here on out.

Good luck with everything and looking forward to hearing about your escapades in the US.

Pav

i think you're filing for K1, so that means you don't need a d230 form

the forms you need are:

DS 156, DS 156K and DS 158

plus the i-134 for the affidavit of support

Some consulates require the DS230 for K-1 visas. He is not your spouse. That would be for any previous spouse or if none, answer "none"

Seems that others have had experience with this. I have a question re question 14 on ds-230. My fiance is not my spouse yet so I am correct in saying that it is not relevant to put his details on the form?

Would anyone know if I need to put my ex husbands details? Any response is much appreciated.

An ex husband is not your spouse. (It's a present tense question.) Unmarried people answer "None". Only give information about former spouses when asked about former spouses.

Hey Pushbrk, Thanks for the respose. This makes sense.

i think you're filing for K1, so that means you don't need a d230 form

the forms you need are:

DS 156, DS 156K and DS 158

plus the i-134 for the affidavit of support

Some consulates require the DS230 for K-1 visas. He is not your spouse. That would be for any previous spouse or if none, answer "none"

Seems that others have had experience with this. I have a question re question 14 on ds-230. My fiance is not my spouse yet so I am correct in saying that it is not relevant to put his details on the form?

Would anyone know if I need to put my ex husbands details? Any response is much appreciated.

I am going to moan so just bare with me.....

I HATE WAITING!!!!

I know there are people who have been waiting longer, and I have no real right to moan about it but damn it I want a touch or something....Just so I know my file hasn't fallen off the desk and into the bin or something, just give me a sign anything...

On a brighter note I am flying to Chicago again on Friday morning to see the love of my life....

I am just praying for a touch!!! Come on CSC....

I second that!!!! You have read my mind.

The wait is driving me nuts!! I am doing crazy things like while I am at work like, checking this site and the USCIS every hour...

I fear I may end up in a asylum at this rate..

Good luck to us all before we go crazy!!

I wouldn't be going so crazy but I've seen a couple June people near my date approved already. It has gotten me on edge........

I am caught between feeling happy for them and their happiness and being insanely jealous.

Yup I am the same, I start to feel really happy for them and that is very genuine ... Yet one of my eyes will start to twitch because I haven't had so much as a touch, then the doubt sets in.... What if our case is on desk... To close to the waste bin and it get knocked in.. Or they have an office dog and the dog ate it!..

I just want to know how they decide what case to look at first... Lucky dip maybe?

Hey Claire,

I totally understand your frustration. Don't worry about not having a touch, we didn't either. No the office dog definately did not eat your petition!!!... Maybe it was the office parrott that ate it instead.

Just take a deep breath and look forward to seeing your sweetie and know that the wait will be over soon. In the meantime if you want to vent this is a good a place as any as we all understand.

Pav xxx

Ooops, make that NOA2 approval date August 26th!!!

So exited I don't even know what month it is anymore...

Big congratulations to you sweetheart xxxx

xxx

Hey Claire,

Fingers crossed for you that your NOA2 comes soon. Look forward to seeing the post saying you got it!!! Could be any day now. In the meantime you are able to look forward to seeing your honey. Have a great trip.

Pav xxx

Ooops, make that NOA2 approval date August 26th!!!

So exited I don't even know what month it is anymore...

So exited NOA2 approved today June 26th!!! Our NOA1 date was June 1st. You guys are not too far behind...

Wishing you all a speedy approval!!!

Oh Dear! This wait is terribly long... Checked case status today, no touches. No news is probably good news. To Deryck and Miho who asked what are we all doing to fill in the time... I got back home from spending time with my sweetie in the US 4 weeks ago (entered on the visa waiver program and time was up). Talk about life in limbo!!! Talk everyday and about to get skype hooked up to a webcam so we can talk in person. Looking for a job to make the time pass quicker...

I don't want to go back to the States untill K1 is issued. Had a bad experience at POE - LAX last time, they let me in but it took me a many calls and weeks to sort out how long my waiver was valid for. Finally after getting a hold of someone I was asked to send a statement saying exactly what happened to me at POE. The CBP manager was incredibly polite and appologetic for the experience I had and it seems the officer may have gotten himself into trouble for being a bully! Don't want to go through that one again.

Patience is a virtue they say and it's probably something we are all learning...

Hey There, We sent our I-129F on May 27 to CSC and received our NOA1 in the mail today. Woo Hoo!!! Now for the wait and a lot of patience...

Has anyone had any experience with getting a Police Certificate for the US? I lived in the States for over 6 months for in 1998. I think I am correct in saying I will need a Police Certificate for the area I lived in with the required forms for the K1 that are submitted with the overseas consulate.

Does anyone know how to go about this? Do I contact the local police station for the area I lived in? Will I need to wait untill it is requested by the embassy? I've searched the web for both the Sheriff's Dept. and local police and can not find any information on "Police Certificates". We just filed for a K1 visa, however I am currently in the US and heading back to Australia in 3 weeks. I thought this might be easier to sort out now rather than trying to organize it when I am back in Australia.

Any help in regards to this is much appreciated!