I-129F sent 1 month ago, Fiancee changed her mind

[SuperDuper! 230]

OP, Notarization is not needed for a request like this. Like adding salt before tasting food, everyone seems to like to Notarize all these papers!

[Dakine 26]

OP, Notarization is not needed for a request like this. Like adding salt before tasting food, everyone seems to like to Notarize all these papers!

Well dude when I cancelled my first K1 USCIS requested me to notarize the letter of cancellation. Where did you get your information saying it wasn't necessary??

[SuperDuper! 230]

Well dude when I cancelled my first K1 USCIS requested me to notarize the letter of cancellation. Where did you get your information saying it wasn't necessary??

I cancelled my first K1 with a simple request, not notarized and never had a problem.

No K1 documents require a notarization any more, dude. They used to on the affidavit of support, but no longer. Cool, huh?

Peace.

[foreign legion 0]

I wish i can lend more insight but I am new to this process myself. I feel bad about what happen to you. My advice is to pursue an eastern relationship if you are open to that. I am pursuing an engagement from a girl in the Phills and I can honestly say the women from the east are in grained with loyalty and committment. I know how it is to fall in love suddenly and you need someone who can appreciate that openess that you have. Nothing is guaranteed but take my advice if you want to minimize this happening again, go East!!!

[Scott and Mhay 57]

I'm sorry to hear this happened. This is why they have a K-1 though...so you have 90 days together to decide if you want to get married. I would follow the advice given here if it is decided the relationship is over for sure. Best of luck to you in the future.

[BinhJerome 14]

Some good advice coming here except for the judgemental comment. I am happy that I can at leaast apply for a waiver. Could anyone expand on the waiver process? Yes, I am not sure what has happened with my fiancee you just seemed to lose interest for no reason. I think she had some family influence and they do not want her to be so far away.

Anyway, if I keep the petition open in hopes of her getting new interest I guess I will see what happens. If I do close it? Would I have to wait until I a get the official letter stating it has been closed before I can submit a new I-129F?

This is a public forum, if you air your dirty laundry be prepared for getting judgemental comments. As far as what you can and can not do, you can withdrawl the application, but if you go and file again you will need to request a waiver, this is just a letter from you, listing both previous k visa attempts, and put in the letter the reason the relationships did not work out. There is the advise, now here comes the jedgemental comment. You are acting like you are already thinking about a third k visa attempt, and you still have your second one pending, and you say that you want a foreign bride (this I dont blame you on) but to me you seem to be going about it like it does not really matter you go from one to another and now are looking for a third, I know this is not your case (at least I hope not) but what I would say is for you to take your time next time, how long did you know the woman before you went to see her? I have filed for 2 k visa's the first did not work out, 1 week before the interview she said like yours did (also from the Ukraine by the way) that she could not leave Ukraine and she just never went to the interview, and the second ended in a denial, so I moved to Vietnam to be with my second one, but the point I am trying to make is get to know them, take 6 or 8 months before you go and visit one, consider getting married there instead of in America, the Cr1 is cheaper, and you also have to make the commitment. Remember moving to a different country is hard, there are some people that cant do it. One thing I do not know if you did but did you have any of your family writing her? any of your friends? Things like this make the other feel more comfortable, how many trips did you make? Do you see where this is going? Many people here will give you h#ll over multiple k visa's with multiple women, you have to admit you asking about a third before the second was canceled or denied looks bad. Just something for you to consider, and remember you are not "shopping" for any bride, so treat it like that. Jerome

[Old Dominion 26]

Every bank seems to have a notary public and there is no fee to have your signature on your letter notarized. That is such a simple matter it's not worth debating anyway. That way, USCIS won't have to return your letter a few weeks later requiring that it be notarized.

When you have decided to start the search for a new woman friend, and thus consider your current engagement has really actually ended, that's the time to withdraw. Enjoy your searching and make the most of it. The Philippines is indeed lots of fun. As always, young women (and men) reserve the right to change their minds; there are lots of nasty things being said overseas about marrying an American (true stories of abuse, for example) and how life in the U.S. is quite demanding.

When the time comes to file the I-129f again, simply include a two paragraph letter "Request Waiver under IMBRA" and state briefly what happened to the other two. I have never heard of a waiver being denied, and submitting it doesn't delay the process whatsoever.

[Libertarian 0]

Seriously. Who proposes after a two week vacation in Eastern Europe? That's NOT enough time to even get to KNOW somebody, let alone decide if you're willing to spend the rest of your life with them. You need to slow down, buddy.

Seems like your girl is over this whirlwind romance. If she is not interested in pursuing this relationship, there's really nothing you can do.

Contact USCIS and withdraw your petition with a notarized statement.

I knew my previous wife for 9 years before we got married and were dating 5 years before we got married. Married for 15 years and didn't work out. So, no guarantees there either.

There is also a statistic that shows that arrange marriages have an 80% success rate. That's freaky to me.

I have a friend who met someone in Germany online. They corresponded for 8 months before they met. First time they met, he proposed. They been married for 3 years now and these two act like it's their first time together every time I see them.

My point here is, anything can happen. I do agree that you should know someone before you commit.

I'm sorry to hear this happened. This is why they have a K-1 though...so you have 90 days together to decide if you want to get married. I would follow the advice given here if it is decided the relationship is over for sure. Best of luck to you in the future.

I personally think 90 days is not enough. This should be 2 years

[BurningFinger 5]

I'm sorry to hear this happened. This is why they have a K-1 though...so you have 90 days together to decide if you want to get married. I would follow the advice given here if it is decided the relationship is over for sure. Best of luck to you in the future.

I too am very sorry to hear this happened to the OP. I am sure the OP is a strong person and will be even stronger as a result of this. Life can be cruel sometimes and nobody deserves to go through this.

Scott and Mhay, I do not want to be too picky but the K1 visa was not designed for couples to decide if whether or not they want to marry within 90 days of entering the US on that visa. The I-129F instructions state clearly that you may file the I-129F if you and your fiance(e) "intend" to marry within 90 days of entry in the US. It does not say that you have 90 days to decide if you want to marry or not. The K1 visa is very technical in nature and thus needs to be interpreted literally. We have to be careful to give the correct information. Unfortunately the K1 visa does not give any consideration to couples that are not sure if they want to marry or not. The visa assumes you want to marry and intend to do so. I am not trying to nitpick but the facts have to be stated correctly.

[Bobby+Umit 161]

I'm sorry to hear this happened. This is why they have a K-1 though...so you have 90 days together to decide if you want to get married. I would follow the advice given here if it is decided the relationship is over for sure. Best of luck to you in the future.

Erm - actually - the 90 days is meant to get married in, not decide if you are to get married.

That is why you sent the "letters of intent" - you should of all ready decided to get married in that 90 days.

----

OP - notarize your request for withdrawal - it will show USCIS your personally requesting the pull.

[JimVaPhuong 4,863]

I cancelled my first K1 with a simple request, not notarized and never had a problem.

No K1 documents require a notarization any more, dude. They used to on the affidavit of support, but no longer. Cool, huh?

Peace.

They no longer require notarization of the affidavit of support because the form explicitly says "I, <name of signatory>, certify under penalty of perjury...". This is the reason specifically cited by USCIS for no longer requiring the affidavit to be notarized. Since the notary stamp confirms nothing beyond the identity of the person signing the form, if the person signing the form is who they claim to be then they are bound by the terms of the contract, and if they are not then they are guilty of perjury.

The I-129F contains the statement "I certify, under penalty of perjury...". The G-325A states "Severe penalties are provided by law for knowingly and willfully falsifying or concealing a material fact." Unless you're going to include a similar affirmation in your letter of withdrawal, then it doesn't really carry any legal weight. For all USCIS knows, your spiteful ex-wife could have written the letter in order to screw up your visa petition.

Yes, there is nothing in the INA or 8 CFR that specifically requires a letter of withdrawal to be notarized. By the same token, there is nothing in the INA or 8 CFR that specifically requires a letter of ANY kind to withdraw a petition. 8 CFR only states that a petitioner can withdraw a petition at any time before it is approved, and that the withdrawal cannot be revoked. It doesn't specifically say HOW the petition is supposed to be withdrawn. However, USCIS has traditionally accepted letters for this purpose, and there a plenty of BIA cases on record that show USCIS has canceled petitions when it has received these letters. In fact, there was one BIA case where a petitioner sent a letter withdrawing the petition, and USCIS accepted the letter and placed it in the petition file, but continued to adjudicate the petition anyway, and subsequently denied the petition. The petitioner appealed to get the denial removed from the record and to have the record marked "withdrawn" instead of "denied", and the BIA upheld the appeal.

Getting the letter notarized may not be specifically required, but it wouldn't hurt if it was, and might even avoid an RFE from an ####### retentive adjudicator.

[SuperDuper! 230]

They no longer require notarization of the affidavit of support because the form explicitly says "I, <name of signatory>, certify under penalty of perjury...". This is the reason specifically cited by USCIS for no longer requiring the affidavit to be notarized. Since the notary stamp confirms nothing beyond the identity of the person signing the form, if the person signing the form is who they claim to be then they are bound by the terms of the contract, and if they are not then they are guilty of perjury.

The I-129F contains the statement "I certify, under penalty of perjury...". The G-325A states "Severe penalties are provided by law for knowingly and willfully falsifying or concealing a material fact." Unless you're going to include a similar affirmation in your letter of withdrawal, then it doesn't really carry any legal weight. For all USCIS knows, your spiteful ex-wife could have written the letter in order to screw up your visa petition.

Yes, there is nothing in the INA or 8 CFR that specifically requires a letter of withdrawal to be notarized. By the same token, there is nothing in the INA or 8 CFR that specifically requires a letter of ANY kind to withdraw a petition. 8 CFR only states that a petitioner can withdraw a petition at any time before it is approved, and that the withdrawal cannot be revoked. It doesn't specifically say HOW the petition is supposed to be withdrawn. However, USCIS has traditionally accepted letters for this purpose, and there a plenty of BIA cases on record that show USCIS has canceled petitions when it has received these letters. In fact, there was one BIA case where a petitioner sent a letter withdrawing the petition, and USCIS accepted the letter and placed it in the petition file, but continued to adjudicate the petition anyway, and subsequently denied the petition. The petitioner appealed to get the denial removed from the record and to have the record marked "withdrawn" instead of "denied", and the BIA upheld the appeal.

Getting the letter notarized may not be specifically required, but it wouldn't hurt if it was, and might even avoid an RFE from an ####### retentive adjudicator.

Thx, Jim for laying it out that folks dont have to notarize. Seems there is a myth out there that all responses to the USCIS need to be notarized. Maybe this can be a new conspiracy theory show.

[Dakine 26]

They no longer require notarization of the affidavit of support because the form explicitly says "I, <name of signatory>, certify under penalty of perjury...". This is the reason specifically cited by USCIS for no longer requiring the affidavit to be notarized. Since the notary stamp confirms nothing beyond the identity of the person signing the form, if the person signing the form is who they claim to be then they are bound by the terms of the contract, and if they are not then they are guilty of perjury.

The I-129F contains the statement "I certify, under penalty of perjury...". The G-325A states "Severe penalties are provided by law for knowingly and willfully falsifying or concealing a material fact." Unless you're going to include a similar affirmation in your letter of withdrawal, then it doesn't really carry any legal weight. For all USCIS knows, your spiteful ex-wife could have written the letter in order to screw up your visa petition.

Yes, there is nothing in the INA or 8 CFR that specifically requires a letter of withdrawal to be notarized. By the same token, there is nothing in the INA or 8 CFR that specifically requires a letter of ANY kind to withdraw a petition. 8 CFR only states that a petitioner can withdraw a petition at any time before it is approved, and that the withdrawal cannot be revoked. It doesn't specifically say HOW the petition is supposed to be withdrawn. However, USCIS has traditionally accepted letters for this purpose, and there a plenty of BIA cases on record that show USCIS has canceled petitions when it has received these letters. In fact, there was one BIA case where a petitioner sent a letter withdrawing the petition, and USCIS accepted the letter and placed it in the petition file, but continued to adjudicate the petition anyway, and subsequently denied the petition. The petitioner appealed to get the denial removed from the record and to have the record marked "withdrawn" instead of "denied", and the BIA upheld the appeal.

Getting the letter notarized may not be specifically required, but it wouldn't hurt if it was, and might even avoid an RFE from an ####### retentive adjudicator.

You are splitting hairs over nothing. No way will a person have problems if you have things notarized but may if you don't. As I said: AFTER a RFE I was requested by a USCIS officer to have my letter of cancellation notarized. I really don't give a flying fock if you do our don't listen to me. I'm just trying to save people hassels of what I've already been thru.

Been there and done it all mostly the hard way.

Edited April 18, 2010 by Dakine

[SuperDuper! 230]

You are splitting hairs over nothing. No way will a person have problems if you have things notarized but may if you don't. As I said: AFTER a RFE I was requested by a USCIS officer to have my letter of cancellation notarized. I really don't give a flying fock if you do our don't listen to me. I'm just trying to save people hassels of what I've already been thru.

Been there and done it all mostly the hard way.

D. You appear OBSESSED with notarizing everything. Thatz fine for you. For the rest of us, we will just keep it real.

[JimVaPhuong 4,863]

Hopp and Dakine - I specifically suggested in my first post that the letter should be notarized. I explained in my second post (in response to Hopp) the reasons why USCIS doesn't specifically require the petition or affidavit forms to be notarized (because they contain legal clauses that make notarization unnecessary), and why it would be prudent to get a withdrawal letter notarized if it doesn't contain a similar affirmation clause. You both seem to have interpreted what I wrote as an argument against getting the letter notarized, when I was actually making the case that getting the letter notarized would actually be a good idea. USCIS doesn't specify how to go about withdrawing a petition, which means the adjudicator could very well issue an RFE for a notarized letter, or even ignore the letter if they chose to.

FWIW, when a petitioner or beneficiary sends a correspondence to USCIS, and the case ends up before the BIA, they specifically make a point of mentioning in the case record whether the correspondence was notarized and/or sworn. If it were MY case, I would want to make sure that the record stated my correspondence were both notarized AND sworn, which means they are equivalent to testimony and have to be accepted unless proven otherwise.

In case it's still not clear, I think getting the letter notarized is a good idea.