cancellation of k1 petition

[mhaze 0]

I just canceled a K1 at USCIS and I did that by simply writing a letter and getting it notarized and asked them to withdraw the petition. From your timeline, it looks like your case should be on its way to the embassy. So, therefore, I would write a letter and get it notarized and mail it to the embassy. I know some embassy's will accept a fax, but the letter is definitely a good way to withdraw a petition.

may i ask how long it will be cancelled or granted?

in my case it took 3 months

thank you

[Marina-Del 10]

I am going to go ahead and post my experience from 2006 so that if anyone happens to search under "how to cancel a petition" the information will be here too!

My K-1 petition was approved at the consulate in London, after the interview. A week or so after the interview me and my ex-SO decided that we didn't want to go through with the marriage. We called the consulate and asked them what we should do. If we should write an offcial letter or what.... They said that as long as he never used the visa, then it would cancel itself. I was a bit nervous at the time about just 'letting it go', but I have since found out that that was fine! Of course this only applies if you have been totally and completely approved for the visa. He had the visa in his passport and everything, but it was never used. He didn't even try to enter the US on ANY visa within the 6 months that the visa would have been valid. I would still recommend calling the consulate if you happen to be in the same case, but this was my experience!

[Minya's wife 25]

I just canceled a K1 at USCIS and I did that by simply writing a letter and getting it notarized and asked them to withdraw the petition. From your timeline, it looks like your case should be on its way to the embassy. So, therefore, I would write a letter and get it notarized and mail it to the embassy. I know some embassy's will accept a fax, but the letter is definitely a good way to withdraw a petition.

The I-129F petition must be canceled or withdrawn with USCIS, not at the consulate. If the petition is not yet approved....the letter must be to withdraw the filed petition. Once you have an approval, said letter should be to cancel.

If the petition has already been USCIS approved, and on its way (or at) the consulate in the beneficiary's country, it means that it has now moved on to the Dept. of State(DOS) and should also be canceled there. The consulate can be contacted, and using the new DOS issued case # (this differs from the USCIS issued # which appears on the NOAs) the petitioner can go about notifying them that the petition can be canceled (include a copy of the letter sent to USCIS).

Alternatively, the beneficiary can just fail to respond to the requirements in the Packet 3 and not go to the interview....that would also signify cancelation.

[JODO 2]

I just canceled a K1 at USCIS and I did that by simply writing a letter and getting it notarized and asked them to withdraw the petition. From your timeline, it looks like your case should be on its way to the embassy. So, therefore, I would write a letter and get it notarized and mail it to the embassy. I know some embassy's will accept a fax, but the letter is definitely a good way to withdraw a petition.

The I-129F petition must be canceled or withdrawn with USCIS, not at the consulate. If the petition is not yet approved....the letter must be to withdraw the filed petition. Once you have an approval, said letter should be to cancel.

If the petition has already been USCIS approved, and on its way (or at) the consulate in the beneficiary's country, it means that it has now moved on to the Dept. of State(DOS) and should also be canceled there. The consulate can be contacted, and using the new DOS issued case # (this differs from the USCIS issued # which appears on the NOAs) the petitioner can go about notifying them that the petition can be canceled (include a copy of the letter sent to USCIS).

Alternatively, the beneficiary can just fail to respond to the requirements in the Packet 3 and not go to the interview....that would also signify cancelation.

What I was told when I called USCIS a few weeks ago, if the case has reached the embassy one writes a letter there requesting to cancel the petition. Said embassy then forwards it back to DOS which in turns forwards it finally to USCIS for ultimate revocation. That is what I was just told a few weeks ago. In any event, since my petition was still at USCIS, it was stopped there. I don't know where the friend's case is, but I would definitely cover all my bases if it has reached the embassy. Another thing his friend could and should do is email the embassy in question and ask them how to proceed with canceling the petition.

Edited March 11, 2009 by JODO

[Minya's wife 25]

I just canceled a K1 at USCIS and I did that by simply writing a letter and getting it notarized and asked them to withdraw the petition. From your timeline, it looks like your case should be on its way to the embassy. So, therefore, I would write a letter and get it notarized and mail it to the embassy. I know some embassy's will accept a fax, but the letter is definitely a good way to withdraw a petition.

The I-129F petition must be canceled or withdrawn with USCIS, not at the consulate. If the petition is not yet approved....the letter must be to withdraw the filed petition. Once you have an approval, said letter should be to cancel.

If the petition has already been USCIS approved, and on its way (or at) the consulate in the beneficiary's country, it means that it has now moved on to the Dept. of State(DOS) and should also be canceled there. The consulate can be contacted, and using the new DOS issued case # (this differs from the USCIS issued # which appears on the NOAs) the petitioner can go about notifying them that the petition can be canceled (include a copy of the letter sent to USCIS).

Alternatively, the beneficiary can just fail to respond to the requirements in the Packet 3 and not go to the interview....that would also signify cancelation.

What I was told when I called USCIS a few weeks ago, if the case has reached the embassy one writes a letter there requesting to cancel the petition. Said embassy then forwards it back to DOS which in turns forwards it finally to USCIS for ultimate revocation. That is what I was just told a few weeks ago. In any event, since my petition was still at USCIS, it was stopped there. I don't know where the friend's case is, but I would definitely cover all my bases if it has reached the embassy.

You're right, but if one only notifys the consulate of cancelation, there's too much left to chance, IMO. The canceled petition is sent back to DOS, then to USCIS with the presumption that the cancelation is recorded at each stage....its too much 'traveling' that the cancelation does. I wouldn't trust that the case would get properly updated at each stage....therefore to cover all bases, I would myself cancel it on both fronts.

-P

[JODO 2]

I just canceled a K1 at USCIS and I did that by simply writing a letter and getting it notarized and asked them to withdraw the petition. From your timeline, it looks like your case should be on its way to the embassy. So, therefore, I would write a letter and get it notarized and mail it to the embassy. I know some embassy's will accept a fax, but the letter is definitely a good way to withdraw a petition.

The I-129F petition must be canceled or withdrawn with USCIS, not at the consulate. If the petition is not yet approved....the letter must be to withdraw the filed petition. Once you have an approval, said letter should be to cancel.

If the petition has already been USCIS approved, and on its way (or at) the consulate in the beneficiary's country, it means that it has now moved on to the Dept. of State(DOS) and should also be canceled there. The consulate can be contacted, and using the new DOS issued case # (this differs from the USCIS issued # which appears on the NOAs) the petitioner can go about notifying them that the petition can be canceled (include a copy of the letter sent to USCIS).

Alternatively, the beneficiary can just fail to respond to the requirements in the Packet 3 and not go to the interview....that would also signify cancelation.

What I was told when I called USCIS a few weeks ago, if the case has reached the embassy one writes a letter there requesting to cancel the petition. Said embassy then forwards it back to DOS which in turns forwards it finally to USCIS for ultimate revocation. That is what I was just told a few weeks ago. In any event, since my petition was still at USCIS, it was stopped there. I don't know where the friend's case is, but I would definitely cover all my bases if it has reached the embassy.

You're right, but if one only notifys the consulate of cancelation, there's too much left to chance, IMO. The canceled petition is sent back to DOS, then to USCIS with the presumption that the cancelation is recorded at each stage....its too much 'traveling' that the cancelation does. I wouldn't trust that the case would get properly updated at each stage....therefore to cover all bases, I would myself cancel it on both fronts.

-P

Oh yes absolutely. I totally agree. Cancel it everywhere!

[mhaze 0]

thank you for the information..

i will tell my friend about this, their case was not yet approved but they were on RFE