Petition deniel

[A&M=L 0]

Hi my question is what happens if a petiotion gets denield and u no longer wnat to presue with this pettion at all?

Can I visit the US on the VWP or do I have to obtain a tourist visa? Will I have problems in the future with other visa applications?

Can I waive the denield petiotion?

[SunDrop 59]

Depends on the reason for denial. It's very unusual for a petition to be denied, as the qualifying factors are only that the petitioner is a US Citizen, they are both legally free to marry and they can prove they have met in person at least once within the past 2 years.

If you've changed your mind as the beneficiary, you can simply not respond to the invitation from the US Embassy to submit your application. It will expire if they don't hear from you within a certain time frame (if memory serves me right, it's 4 months) from petition approval. If the petitioner wishes to stop the process, they can notify the Service Center that they are withdrawing the petition.

As long as you meet all the conditions of the VWP, then you can still travel on this, even with a lapsed or withdrawn K-1 petition.

What was the reason for denial and at what stage?

[A&M=L 0]

Depends on the reason for denial. It's very unusual for a petition to be denied, as the qualifying factors are only that the petitioner is a US Citizen, they are both legally free to marry and they can prove they have met in person at least once within the past 2 years.

If you've changed your mind as the beneficiary, you can simply not respond to the invitation from the US Embassy to submit your application. It will expire if they don't hear from you within a certain time frame (if memory serves me right, it's 4 months) from petition approval. If the petitioner wishes to stop the process, they can notify the Service Center that they are withdrawing the petition.

As long as you meet all the conditions of the VWP, then you can still travel on this, even with a lapsed or withdrawn K-1 petition.

What was the reason for denial and at what stage?

Well it isn´ dieneld yet. We got an RFE last Monday I was visiting my fiance( petitioner), things didn´t go well so we broke up. He don´t want to send in the requested evidence because he said, he sent all in what they are asking for, besides passport stamps to proof we met. We decided to withdraw from the petition. I mailed the letter today (from Germany). Im just not sure if it will arrive in time. So i was just wondering if they don´t get the withdrawl letter before Jan 6th ,and therefor deniel the visa, what will happen in the future, when I want to go to the states to visit, or apply for another visa?!

[newlyweds2010 208]

what do you mean "waive the denied petition"? if your visa was denied because you didn't submit a requested document, I guess the US consulate gave you instructions on how to clear the problem and go on. if you just want to close the matter because your plans changed, I'd say that you should inform the consulate in writing of your decision. if you do so, I don't see any problems in traveling in the future under the VWP, provided that you comply with its rules (max 90 days, no immigration intent, etc.).

as to new visa applications in the future, they might be asking you about this time, but again I don't think it should be a big deal.

that's my guessing from the little info you gave us.

Edited December 24, 2010 by newlyweds2010

[A&M=L 0]

Im sorry I should have provided more input.

Ok. My ex fiance and I recieved an RFE from USCIS on dec 7th, we have until Jan 6th to provid the information they r asking for. Unfortunately him and I splitt, so we no longer want to go on with this petition, therefore we sent in a letter stat#ing we want to withdraw our petition. The problem is we sent this letter to the US from Germany this Monday and I´m a little concerned that it won´t arrive before Jan 6th,and than the USCIS will denie the petition, because we didn´t sent in the requested information or anything else.

I just wanted to know if the worse case cenario will happen, what can I do about it. Can i still travel on VWP, or do Ive to obtain a touristvisa etc.

Our petition never made it to the NVC or embassy, its sits still t the USCIS.

Thanks for any help and advise

[Brad and Vika 129]

Duplicate topics merged