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Mrs. G

canceling I-130 petition: Proof of withdrawal

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Hello.

I need some advice on how to get a proof of withdrawal after canceling I-130 petition.

My husband (USC) filed I-130 to USCIS Vermont in October. Since it was taking forever to get NOA1, we decided to do DCF at Vancouver counsulate. We needed sometime to figure out if he is qualified to do DCF here.

And yesterday we got NOA 1 finally after a 3-month wait.

Now we are going to cancel the petition and re-file I-130 in Vancouver sometime soon. We contacted the consulate and they told us we need a proof of withdrawal of I-130. How can we get this??

Any advice will be appreciated!

Thanks.

Mrs. G

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Hello.

I need some advice on how to get a proof of withdrawal after canceling I-130 petition.

My husband (USC) filed I-130 to USCIS Vermont in October. Since it was taking forever to get NOA1, we decided to do DCF at Vancouver consulate. We needed sometime to figure out if he is qualified to do DCF here.

And yesterday we got NOA 1 finally after a 3-month wait.

Now we are going to cancel the petition and re-file I-130 in Vancouver sometime soon. We contacted the consulate and they told us we need a proof of withdrawal of I-130. How can we get this??

Any advice will be appreciated!

Thanks.

Mrs. G

Huh? :unsure: Your profile says Japan, but you're doing DCF in Vancouver? I'm a little confused, do you have Canadian residency, is that why you're doing DCF in Vancouver?

In any case, if you have your NOA1 for your I-130, you can contact USCIS at the 1800 number listed there and they can assist you on how to withdraw a submitted petition. I think you must do so in writing, referencing the receipt #, but I'm not sure. Maybe someone else here will have more pertinent info for you.

Good luck,

-P

Edited by Paula&Minya
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Yes, I am Japanese, but I have been living and working in Canada for the last 3 years.

We have the contact info, and we know how we can cancel, but we can't seem to find any info on what type of written "proof" is required, or how to get it...

Any help would be a godsend!

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Yes, I am Japanese, but I have been living and working in Canada for the last 3 years.

We have the contact info, and we know how we can cancel, but we can't seem to find any info on what type of written "proof" is required, or how to get it...

Any help would be a godsend!

I would imagine - there would be a NOA (I-797) sent out when/if the petition is withdrawn - this would certainly be proof. :thumbs:

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  • 4 weeks later...
Filed: Citizen (apr) Country: India
Timeline
Yes, I am Japanese, but I have been living and working in Canada for the last 3 years.

We have the contact info, and we know how we can cancel, but we can't seem to find any info on what type of written "proof" is required, or how to get it...

Any help would be a godsend!

did you figure this out?

i read somewhere at Indian USCIS website or somewhere will post it again if i do find it. it claimed as follows: "you can show the certificate of mailing and attested photocopy of the cancellation request letter as a proof that you have withdrawn your petition for I130. I believe you might need to have a receipt number handy for it" will research sometime this weekend and post if if i locate it. since i might end up doing it

Removal of Conditions I797C - Dec 7th 2010

FP Jan 14th 2011

approved May11th 2011

BEST WISHES!

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Filed: Timeline
Hello.

I need some advice on how to get a proof of withdrawal after canceling I-130 petition.

My husband (USC) filed I-130 to USCIS Vermont in October. Since it was taking forever to get NOA1, we decided to do DCF at Vancouver counsulate. We needed sometime to figure out if he is qualified to do DCF here.

And yesterday we got NOA 1 finally after a 3-month wait.

Now we are going to cancel the petition and re-file I-130 in Vancouver sometime soon. We contacted the consulate and they told us we need a proof of withdrawal of I-130. How can we get this??

Any advice will be appreciated!

Thanks.

Mrs. G

Vancouver does not process DCF filings, only Montreal does. Check if BOTH of you fulfill residency requirements before canceling your I-130. make sure they will accept your filing before any other moves... that's just my 2 cents.

good luck, L.

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Filed: Citizen (apr) Country: India
Timeline
Yes, I am Japanese, but I have been living and working in Canada for the last 3 years.

We have the contact info, and we know how we can cancel, but we can't seem to find any info on what type of written "proof" is required, or how to get it...

Any help would be a godsend!

did you figure this out?

i read somewhere at Indian USCIS website or somewhere will post it again if i do find it. it claimed as follows: "you can show the certificate of mailing and attested photocopy of the cancellation request letter as a proof that you have withdrawn your petition for I130. I believe you might need to have a receipt number handy for it" will research sometime this weekend and post if if i locate it. since i might end up doing it

well as i mentioned I had read on the USCIS website about the process for cancellation or rather what are the acceptable proofs for cancellation, here you go:

http://newdelhi.usembassy.gov/uscisi130fil.html

"If you have already filed an I-130 petition for this Alien Relative in the US, the US citizen petitioner must provide us with proof that that specific petition has been withdrawn or that processing on that petition has been terminated. We will accept a Notice of Action (form I-797) from US CIS offices to such effect. We will also accept a photocopy of a certified and/or registered letter to the US CIS office processing that petition in which you request termination and/or withdrawal of that petition. Such receipts or letters must note the complete receipt number of the petition filed in the US."

this is an official USCIS office located within the US Embassy in New Delhi.

Removal of Conditions I797C - Dec 7th 2010

FP Jan 14th 2011

approved May11th 2011

BEST WISHES!

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Thanks, everyone.

We wrote a letter of cancellation to USCIS but haven't received NOA yet.

We also contacted the Vancouver consulate and explained our situation. Fortunately they told us we could file the petition without NOA from USCIS. Since we live 600km away from Vancouver, we can't just go do it anytime.... Finally we are going to file it next week at the Vancouver Consulate.

We understand that the Montreal is the place to process the petition as well.

Hope everything will go well next week.....

Mrs. G

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Filed: Timeline
Thanks, everyone.

We wrote a letter of cancellation to USCIS but haven't received NOA yet.

We also contacted the Vancouver consulate and explained our situation. Fortunately they told us we could file the petition without NOA from USCIS. Since we live 600km away from Vancouver, we can't just go do it anytime.... Finally we are going to file it next week at the Vancouver Consulate.

We understand that the Montreal is the place to process the petition as well.

Hope everything will go well next week.....

Mrs. G

Indeed, you can file the DCF petition (I-130) at any Consulate in Canada - but your interview will take place in lovely Montreal.

Good luck and please keep us posted!!!!! :thumbs:

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