I-129F Cancellation

[Str8upG 0]

Hi, I have a question: How do you cancel an I-129F petition after the K-1 visa has been denied by the consulate? My fiancee was denied on Monday and oddly enough, they told her that since she doesn't have a US citizen spouse, she is not eligible to file a waiver at this time. How crazy is that? Anyway, I'm thinking of getting married and going the I-130 route, but before I do that, do I first need to cancel the I-129F petition, which most likely has been sent back to the USCIS by now?

Please let me know. I keep emailing the consulate to get some advice but they're not answering me at all.

[YuAndDan 153]

You can not cancel a K-1 after the consulate has denied it, you will need to deal with the reason for denial with USCIS through the appeals process if you get a letter from USCIS.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1____

[Saddle Bronc 124]

You can not cancel a K-1 after the consulate has denied it, you will need to deal with the reason for denial with USCIS through the appeals process if you get a letter from USCIS.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1____

Y&D--wouldn't IGNORING the letter cause a cancellation by default?

[YuAndDan 153]

You can not cancel a K-1 after the consulate has denied it, you will need to deal with the reason for denial with USCIS through the appeals process if you get a letter from USCIS.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1____

Y&D--wouldn't IGNORING the letter cause a cancellation by default?

Not if their is a NOTE of Misrepresentation on the case.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[Str8upG 0]

You can not cancel a K-1 after the consulate has denied it, you will need to deal with the reason for denial with USCIS through the appeals process if you get a letter from USCIS.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1____

Y&D--wouldn't IGNORING the letter cause a cancellation by default?

Not if their is a NOTE of Misrepresentation on the case.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

There is NO misrepresentation in this case. She was denied because of a CIMT a long time ago. The funny thing though is that they told her she can't file a waiver because she is not married to me.

[nowhereman 1]

Terminology is important, so let me be sure... was she denied at the interview? Also what is a CIMT? The reason for denial is very important here.

CIMT= Crime Involving Moral Turpitude?

Edited November 6, 2008 by nowhereman

[YuAndDan 153]

Terminology is important, so let me be sure... was she denied at the interview? Also what is a CIMT? The reason for denial is very important here.

CIMT= Crime Involving Moral Turpitude?

Yep, that could be something like Prostitution.

[Dakine 26]

Alls I know is my first fiance was denied a visa and the paperwork sent back to USCIS. I sent them a notarized letter of cancellation. They replied with a I-797 Notice of Cancellation.