need to cancel I-129F and petition for I-130

[cguo7 0]

Hi I would like to cancel my I-129F petition so that I can marry in China and file an I-130 petition. I have some questions:

1) if I want to get married in China right away and apply for the I-130 marriage visa, can i go ahead and do that (while I'm canceling the first visa) without it affecting the marriage visa?

2) if i want to cancel my I-129 fiancee application, how do i do it? (the answer on the US gov't. website they gave was vague, it said I needed to send a notarized original document to the US, but I need more specific info. on that)? Do I write a statement saying I want to cancel this petition on a regular piece of paper? Also, which address do I send it to (the 32 Rochester Ave address?)

3) For an American citizen to marry in China, do I have to reside here at least six months before I can do so? The gov't. website here says I I only need to have a residence permit, but an office in Guangzhou said I had to live here for six months without any breaks in between.

Many of these questions I have looked on the govt. websites for but have not found anything useful, this is actually my first post here. I hope you can help me. Thank you.

[payxibka 10,047]

Hi I would like to cancel my I-129F petition so that I can marry in China and file an I-130 petition. I have some questions:

1) if I want to get married in China right away and apply for the I-130 marriage visa, can i go ahead and do that (while I'm canceling the first visa) without it affecting the marriage visa?

2) if i want to cancel my I-129 fiancee application, how do i do it? (the answer on the US gov't. website they gave was vague, it said I needed to send a notarized original document to the US, but I need more specific info. on that)? Do I write a statement saying I want to cancel this petition on a regular piece of paper? Also, which address do I send it to (the 32 Rochester Ave address?)

3) For an American citizen to marry in China, do I have to reside here at least six months before I can do so? The gov't. website here says I I only need to have a residence permit, but an office in Guangzhou said I had to live here for six months without any breaks in between.

Many of these questions I have looked on the govt. websites for but have not found anything useful, this is actually my first post here. I hope you can help me. Thank you.

1) The I-130 is a petition for an Immediate relative and is NOT a visa. Before you can petiotion for your spouse you need to be married.

2) Cancelling your first petition is easy... Write a letter/statement to that effect, have it notarized and send it to the service center where your petition is currently resident.

3) You may be reading the information from the US Embassy website incorrectly... In order to direct file the I-130 with the consulate in China (not with the USCIS in the USA) you need 6 mos. residency. This most likely has nothing to do with your ability to get married or not.

[pushbrk 13,117]

Hi I would like to cancel my I-129F petition so that I can marry in China and file an I-130 petition. I have some questions:

1) if I want to get married in China right away and apply for the I-130 marriage visa, can i go ahead and do that (while I'm canceling the first visa) without it affecting the marriage visa?

2) if i want to cancel my I-129 fiancee application, how do i do it? (the answer on the US gov't. website they gave was vague, it said I needed to send a notarized original document to the US, but I need more specific info. on that)? Do I write a statement saying I want to cancel this petition on a regular piece of paper? Also, which address do I send it to (the 32 Rochester Ave address?)

3) For an American citizen to marry in China, do I have to reside here at least six months before I can do so? The gov't. website here says I I only need to have a residence permit, but an office in Guangzhou said I had to live here for six months without any breaks in between.

Many of these questions I have looked on the govt. websites for but have not found anything useful, this is actually my first post here. I hope you can help me. Thank you.

1) The I-130 is a petition for an Immediate relative and is NOT a visa. Before you can petiotion for your spouse you need to be married.

2) Cancelling your first petition is easy... Write a letter/statement to that effect, have it notarized and send it to the service center where your petition is currently resident.

3) You may be reading the information from the US Embassy website incorrectly... In order to direct file the I-130 with the consulate in China (not with the USCIS in the USA) you need 6 mos. residency. This most likely has nothing to do with your ability to get married or not.

1. concur

2. proper term is "withdraw" but "cancel" would probably get the job done. Refer to the names and case number.

3. Correct. I got married in China while on a tourist visa.

The Consulates' websites have information on marriage in China, if that's what you want instead of a Direct Consular Filing. The two are separate issues.

Chinese Consulates' websites in the USA also give instruction for marriage in China but refer to a somewhat complicated process of securing an "affidavit of single status". I recommend skipping that and getting a "Certificate of Marriageability" from any US Consulate in China. The process is far more simple but does require a day in one of Consulate cities and a copy of your Chinese fiance(e)'s National ID card. At one time, Beijing required the Chinese Citizen's presense but you can check directly with the Consulate on their requirements by email.