Withdrawing I129 petition?

[crilvsk 0]

Hello everybody,

Ok, I'm sick of what CSC does to us. It is incredilble that after more then a month while stated to work on March 6th petitions, CSC went back to Feb. 23th. I'm crushed. I'm hopeless.

So the only idea coming into my mind now is to withdraw out fiance petition and go into US to marry my fiance.

I need your advice with this. What are the consequences if withdrawing our I-129 petition? Are they going to give my fiance our file back? How about the fees we paid? PLEASE let me know what to expect!

Thank you all very, very much!!!

Crislvsk

[gugu24 0]

First of all it would be risky thing to go to USA now since your application is under review. You might be stopped at the airport. So let them do what they are doing. Keep stuck. Remmember the only thing is the approval. Once its done then you would get to USA in a matter of weeks.

[crayon 0]

I wouldn't do it as long as you've been waiting already .. and to just have to wait longer? if you resubmit for the K-3.. I'd just stick with it and stay in the line.. don't step out..

just my opinion

[Sheriff Uling 3]

I concur with the advice that has been given.

[CarolineM 0]

I totally agree.

This process sucks and you have to be patient. You cna't just give up after a month.

There are ppl here that have waited years...just be patient, stick with the system, and it will work for you. Jumping out of line to do it an illegal way (which what you are saying IS...to go to the US with the express intent of marrying...) is a horrible idea.

[aj1 1]

I totally agree.

This process sucks and you have to be patient. You cna't just give up after a month.

There are ppl here that have waited years...just be patient, stick with the system, and it will work for you. Jumping out of line to do it an illegal way (which what you are saying IS...to go to the US with the express intent of marrying...) is a horrible idea.

Yes i agree with everyone else. I know it seems like it will take forever. But remeber the things that seem so far away are closer than we even realize. So just pray and try to be patient i know that is difficult but this whole process is designed to test your patience, and your love for your honey. You will get there. If you withdrawl now it will take you a lot longer to be with your loved one on a K-3 than a K-1. And you might not be successful in coming here being that you already filed for the K-1 then to with drawl and try to come on a tourist visa or any other visa that look very suspicious to USCIC and they could deny you to come here. So just try to hang in there. Believe me you will get your approval. We are all here for you and our prayers and with you and your loved one. Hang in there!!!!!

AJ1

[Mew 0]

The processing dates you'll find on their website is not accurate. It doesn't mean they are only working on petitions from February - and you'll find that many VJers going through CSC have had approvals in the past few weeks. You can certainly withdraw your petition if you wish though (and no refund, of course).

If you marry your fiance in the U.S., you'd have to leave and file for a K-3 (or some other visa - but I'm not versed on other kinds of visa, so I won't go there), and you'd go back to waiting. You can't get married under a temporary visa with the prior intent of immigrating - that's immigration fraud.

You may want to check this thread: http://www.visajourney.com/forums/index.php?showtopic=28831 - also, search for threads about getting help from the USC's senators/congressmen so they can inquire about your case on the petitioner's behalf.

Edited August 26, 2006 by Mew

[Ladylethal 12]

Like Mew said, your only legal option besides waiting, is to get married in the beneficiary´s country and file for a K3. Now that you have filed for a K1, you won´t be able to get married within US ´cus that would be immigration fraud.

[john_and_marlene 162]

It would not be fraud for them to get married in the U.S. They cannot, however, use a non-immigrant visa to enter the U.S. with the intention of staying and adjusting status after marriage. Those are two very different things.

As for the OP: You need to acquire more patience as your search for immediate gratification may result is even more delay. For you to abandon the K1 now, marry, and then apply for IR1/CR1 and then K-3, you will have to go to the back of the line again and you will not be reunited permanently until significantly later than your current path.

[Mew 0]

It would not be fraud for them to get married in the U.S. They cannot, however, use a non-immigrant visa to enter the U.S. with the intention of staying and adjusting status after marriage. Those are two very different things.

Yes, that was trying to convey. Thank you for rephrasing it though, so there are no doubts.

[pnd629 0]

You have been waiting a long time because unfortunately you had to deal with IMBRA--and your application was received before USCIS knew what to do about IMBRA.

Be patient--your approval should be soon!

[LastSurvivor 0]

As to getting your fees back I would guess the answer is NO.

LS

[Mew 0]

As to getting your fees back I would guess the answer is NO.

LS

The answer is indeed 'no'.

[ready4ONE 5,400]

Sorry and very understanding to hear how you are feeling. Hang in there!

The best revenge you can get on CSC is to hold on a little longer, get your approval. Then come here, marry your beloved and live a long and happy life together!

They seem to be trickling in, the March approvals, hopefully yours will be coming along here soon! Good luck!

[kitkat1 5]

Hello everybody,

Ok, I'm sick of what CSC does to us. It is incredilble that after more then a month while stated to work on March 6th petitions, CSC went back to Feb. 23th. I'm crushed. I'm hopeless.

So the only idea coming into my mind now is to withdraw out fiance petition and go into US to marry my fiance.

I need your advice with this. What are the consequences if withdrawing our I-129 petition? Are they going to give my fiance our file back? How about the fees we paid? PLEASE let me know what to expect!

Thank you all very, very much!!!

Crislvsk

Crislvsk, as everyone has already commented, withdrawing your application now would not help you in any way. You will not get a refund or a returned file and any other option you may come up with will require a new, longer waiting period.

You, like many of us, filed at the worst possible time in the history of K1 processing. But you've come this far and it truly cannot be that much longer. The fact that CSC has moved back their processing date is to cover their asses - nothing more. If you look at the various charts floating around you will see that people all through way through June and July have already been approved. While that's brutal for the remaining March filers to watch as we wait on the sidelines, at least we know they are actually processing petitions. They will get to yours.

How about contacting your senator or congressman instead? It's something concrete you can do to at least make you feel like you are doing all you can. Find your senator/congressman's website by doing a google search, look for the constitutents' services page, download the privacy form, fill out all your case information (or copy the letter texasseoul posted) and fax to their office. Follow up with a phone call. Maybe this will bring results.

Good luck and hang in there - you are not alone.