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July28

withdraw and refile??

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Filed: K-1 Visa Country: Canada
Timeline
how can we cancel the petition?is there a certain period where we have to wait upon filing again?is it a big deal for them if we cancel and refile again since we just want to make things in a proper way?

What exactly did you do incorrectly? If they have a problem with what you've submitted they'll either return it to you without cashing the cheque, cash the cheque and deny it later on, or send you an RFE.

Can you be more specific about what you've done wrong so we might be able to give you better advice?

You can withdraw your petition (provided it's been accepted) by sending a notarized letter of withdrawal. This however can be time consuming especially if they don't process it immediatly (someone recently posted that it took 3 months for them to actually get around to withdrawing the petition.)

K-1

05/05/2009 - NOA1

07/17/2009 - NOA2

08/27/2009 - Visa Received

10/09/2009 - Married

AOS/EAD

11/18/2009 - NOA1

01/15/2010 - EAD Approved

02/25/2010 - AOS Interview

Adjuticator's Field Manual

Old VJ Adjuticator Q/A

Disclaimer : 100% of the time I only think I know what I'm talking about.

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Filed: Timeline
how can we cancel the petition?is there a certain period where we have to wait upon filing again?is it a big deal for them if we cancel and refile again since we just want to make things in a proper way?

What exactly did you do incorrectly? If they have a problem with what you've submitted they'll either return it to you without cashing the cheque, cash the cheque and deny it later on, or send you an RFE.

Can you be more specific about what you've done wrong so we might be able to give you better advice?

You can withdraw your petition (provided it's been accepted) by sending a notarized letter of withdrawal. This however can be time consuming especially if they don't process it immediatly (someone recently posted that it took 3 months for them to actually get around to withdrawing the petition.)

My fiance and i agreed to cancel the approved petition it is now ready to schedule for interview but i did not get a schedule it instead we want to cancel it knowing that proceeding to this will just be a waste of time since upon filing we didnt include that annulment decree (first marriage ) coz we thought its not needed anymore due to the fact that my marriage was null and void from the very beginning and it was to late for us when we found out that it should still be included to the petition, so now we want to correct things .

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Filed: K-1 Visa Country: Canada
Timeline
how can we cancel the petition?is there a certain period where we have to wait upon filing again?is it a big deal for them if we cancel and refile again since we just want to make things in a proper way?

What exactly did you do incorrectly? If they have a problem with what you've submitted they'll either return it to you without cashing the cheque, cash the cheque and deny it later on, or send you an RFE.

Can you be more specific about what you've done wrong so we might be able to give you better advice?

You can withdraw your petition (provided it's been accepted) by sending a notarized letter of withdrawal. This however can be time consuming especially if they don't process it immediatly (someone recently posted that it took 3 months for them to actually get around to withdrawing the petition.)

My fiance and i agreed to cancel the approved petition it is now ready to schedule for interview but i did not get a schedule it instead we want to cancel it knowing that proceeding to this will just be a waste of time since upon filing we didnt include that annulment decree (first marriage ) coz we thought its not needed anymore due to the fact that my marriage was null and void from the very beginning and it was to late for us when we found out that it should still be included to the petition, so now we want to correct things .

You can probablly take the Anullment decree to the consulate. If the USCIS didn't care that you missed it the first time then you will be fine to just take it with you to the interview. No point throwing the baby out with the bath water as they say...

K-1

05/05/2009 - NOA1

07/17/2009 - NOA2

08/27/2009 - Visa Received

10/09/2009 - Married

AOS/EAD

11/18/2009 - NOA1

01/15/2010 - EAD Approved

02/25/2010 - AOS Interview

Adjuticator's Field Manual

Old VJ Adjuticator Q/A

Disclaimer : 100% of the time I only think I know what I'm talking about.

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Share on other sites

Filed: Timeline
how can we cancel the petition?is there a certain period where we have to wait upon filing again?is it a big deal for them if we cancel and refile again since we just want to make things in a proper way?

What exactly did you do incorrectly? If they have a problem with what you've submitted they'll either return it to you without cashing the cheque, cash the cheque and deny it later on, or send you an RFE.

Can you be more specific about what you've done wrong so we might be able to give you better advice?

You can withdraw your petition (provided it's been accepted) by sending a notarized letter of withdrawal. This however can be time consuming especially if they don't process it immediatly (someone recently posted that it took 3 months for them to actually get around to withdrawing the petition.)

thanks for the quick reply.. but ive read alot of story same as my case here and it turned out to be it was sent back to USCIS for review since when we filed the petition i am not free to mary..do u we have to wait certain period or we can send a letter to them and refile right away with the correct documentation in it..of course with a waiver i guess..

My fiance and i agreed to cancel the approved petition it is now ready to schedule for interview but i did not get a schedule it instead we want to cancel it knowing that proceeding to this will just be a waste of time since upon filing we didnt include that annulment decree (first marriage ) coz we thought its not needed anymore due to the fact that my marriage was null and void from the very beginning and it was to late for us when we found out that it should still be included to the petition, so now we want to correct things .

You can probablly take the Anullment decree to the consulate. If the USCIS didn't care that you missed it the first time then you will be fine to just take it with you to the interview. No point throwing the baby out with the bath water as they say...

how can we cancel the petition?is there a certain period where we have to wait upon filing again?is it a big deal for them if we cancel and refile again since we just want to make things in a proper way?

What exactly did you do incorrectly? If they have a problem with what you've submitted they'll either return it to you without cashing the cheque, cash the cheque and deny it later on, or send you an RFE.

Can you be more specific about what you've done wrong so we might be able to give you better advice?

You can withdraw your petition (provided it's been accepted) by sending a notarized letter of withdrawal. This however can be time consuming especially if they don't process it immediatly (someone recently posted that it took 3 months for them to actually get around to withdrawing the petition.)

OOpps sorry.wrong post in there

thanks for the quick reply.. but ive read alot of story same as my case here and it turned out to be it was sent back to USCIS for review since when we filed the petition i am not free to mary..do u we have to wait certain period or we can send a letter to them and refile right away with the correct documentation in it..of course with a waiver i guess..

My fiance and i agreed to cancel the approved petition it is now ready to schedule for interview but i did not get a schedule it instead we want to cancel it knowing that proceeding to this will just be a waste of time since upon filing we didnt include that annulment decree (first marriage ) coz we thought its not needed anymore due to the fact that my marriage was null and void from the very beginning and it was to late for us when we found out that it should still be included to the petition, so now we want to correct things .

You can probablly take the Anullment decree to the consulate. If the USCIS didn't care that you missed it the first time then you will be fine to just take it with you to the interview. No point throwing the baby out with the bath water as they say...

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Filed: Timeline

thanks for the quick reply.. but ive read alot of story same as my case here and it turned out to be it was sent back to USCIS for review since when we filed the petition i am not free to mary..do u we have to wait certain period or we can send a letter to them and refile right away with the correct documentation in it..of course with a waiver i guess..

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Filed: K-1 Visa Country: Canada
Timeline
My fiance and i agreed to cancel the approved petition it is now ready to schedule for interview but i did not get a schedule it instead we want to cancel it knowing that proceeding to this will just be a waste of time since upon filing we didnt include that annulment decree (first marriage ) coz we thought its not needed anymore due to the fact that my marriage was null and void from the very beginning and it was to late for us when we found out that it should still be included to the petition, so now we want to correct things .

As you've mentioned you will need a waiver to reapply. I don't think it will do you any harm to attend the interview with the Annulment Decree and explain why it wasn't included initially. At the very worst your petition will be denied and you will have to refile anyways. It might even be faster than trying to cancel your current petition and starting over. That alone will raise more flags than forgetting or not understanding you need to include your previous Annulment.

That being said since your petition is at the consulate I assume, your fiance could send a notarized letter to them explaining your intent to refile at which point I'm sure they would say much the same thing that I have, perhaps less wordy. Or you could send a notarized letter to the consulate explaining your wish to refile.

The important part to the best of my understanding is that it be notarized and clearly state your "intent to withdraw".

Best of luck to you :thumbs:

K-1

05/05/2009 - NOA1

07/17/2009 - NOA2

08/27/2009 - Visa Received

10/09/2009 - Married

AOS/EAD

11/18/2009 - NOA1

01/15/2010 - EAD Approved

02/25/2010 - AOS Interview

Adjuticator's Field Manual

Old VJ Adjuticator Q/A

Disclaimer : 100% of the time I only think I know what I'm talking about.

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Filed: Timeline

oh thanks again.so you mean to say?withdrawing and refiling covers much period of time than to go to interview and if they will send it back to USCIS?i heard that when they return the petition they will just let it sit in thre ..and takes more time to send the petitioner to appeal..

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Filed: K-1 Visa Country: Canada
Timeline
oh thanks again.so you mean to say?withdrawing and refiling covers much period of time than to go to interview and if they will send it back to USCIS?i heard that when they return the petition they will just let it sit in thre ..and takes more time to send the petitioner to appeal..

You don't have to appeal a denial. (I could be wrong but I'm pretty sure.) IF your petition is denied you can accept the denial and go about refiling.

Even if you apply to have it withdrawn right now it can sit there. Theres no hard and fast rule with these things.

K-1

05/05/2009 - NOA1

07/17/2009 - NOA2

08/27/2009 - Visa Received

10/09/2009 - Married

AOS/EAD

11/18/2009 - NOA1

01/15/2010 - EAD Approved

02/25/2010 - AOS Interview

Adjuticator's Field Manual

Old VJ Adjuticator Q/A

Disclaimer : 100% of the time I only think I know what I'm talking about.

Link to comment
Share on other sites

 
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