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

[Scott and Mhay 57]

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.

I understand what you mean and I didnt mean it like it was taken. Granted my words may not have been the best...but it gives you 90 days to see if you get along and are somewhat compatable...you actually get time to live together first...and I do agree...90 days isnt enough time. Some people live together for longer periods of time before getting married and it still doesnt work out.

[sachinky 465]

I'd say the OP's immigration issues seem to stem directly from his relationship troubles, which is why I didn't think my previous comment was "off-topic." He had a prior K-1 in the works that didn't work out either because that relationship fizzled out as well. I don't think that asking him to slow down/get to know someone/let the relationship grow/see where it's headed before rushing to file fiancee petitions, was bad advice. Whatevs. *shrug*

Nevertheless, I've been sufficiently rebuked.

Peace y'all.

Edited April 18, 2010 by sachinky

[pushbrk 12,999]

To be factual here,

1) nothing here needs to be notarized. Everyone is always too quick to want to get all immigration papers notarized, and it is an unneeded effort and expense

2) Should the OP no longer want to petition the beneficiary, all he needs to do is write a brief one-page letter, send copies to the USICS, NVC and Embassy, and declare the relationship as abandoned. Further, once the petition is approved, you can no longer "withdraw" it, but definitely withdraw your affidavit of support and declare that no longer valid.

3) Ask that your letter be construed as a request for IMBRA waiver, should such a waiver be required in the future.

OP, it sounds like you need to make another trip across the ocean to go be with her if you have any hope of proceeding with this relationship. I hope you are not heavily invested with her, emotionally or financially, but by all means cut your losses now if you see the writing on the wall.

May I suggest you seek out a Filipina girl next time. It's really rocking down there in SE Asia, and $USD goes pretty far down there, the ladies speak English, and it aint so freakin' cold, but is toasty warm!

Good luck!

1. Nothing in the process is required to be notarized but I advise anybody sending a withdrawal letter to have it notarized just the same. Withdrawal letters are NOT part of the "process".

2. This petition was filed recently enough to be withdrawn prior to approval and no affidavit of support has been filed. If one had, it would be an I-134, so no need to withdraw it as it is not binding and has no effect until the visa holder enters the USA. One need not give a reason for withdrawal (abandonment of relationship, etc.) and may "withdraw" the petition right up until the visa is issued. Withdrawal letters need to be sent to the place the case file is currently present and to USCIS if present elsewhere.

3. IMBRA waivers are requested when filing a petition, not when withdrawing one. There's nothing to waive yet.

Edited April 18, 2010 by pushbrk

[Rebecca Jo 1,962]

You "withdraw" not "close" the petition, and no you do not need to wait for confirmation in order to file a new petition.

There are times when terminology matters. I don't think this is one of them.

[Rebecca Jo 1,962]

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.

When there is no transfer of property, transfer of other assets, or transfer of power to act, then a document does not require notarization.

[cranehand 0]

Please forgive me for saying so, but shouldn't the couple have already decided if this is the person they want to spend the rest of your life with BEFORE filing for K1 or any other visa? I'm just saying!! The 90 day requirement is not a test period for trying out the relationship.(WARNING THIS IS NOT A TEST DRIVE) You have signed legal and binding documents together and state that you intend to marry your fiancé within that time period. The relationship should have already been established and solidified with spending as much time as possible together. I do understand that things sometimes just don't work out with ppl and the logistics of these relationships is very difficult to overcome for some. But logistics aside a person should be absolutely true to themselves and have love for themselves. If they do not then they will never be able to give truth and love to ANYONE.

TO THY OWN SELF BE TRUE these are words to live by.

To anyone new to looking for foreign wife/husband write some letters get to know as much as you can through skype and email and then first chance you get JUMP ON A PLANE AND GO MEET THIS PERSON and spend as much time as humanly possible with them in person. Don't feel rushed to do anything, your hearts will only get broken for jumping blindly into the fire of matrimony.

[BirdyGirl85 23]

Yeah I'm not really sure why people use the K-1 to use that time to get to know each other. You should visit each other more often before you decide to file for the K-1. Of course, not all people are as lucky to be on the Visa Waver Program like my fiance is. He is free to visit for me in the U.S. for 90 days at a time with no visa, and I am free to do that in Finland as well. We have spent a total of over two years together in person in these 5 years that we have been together. I am totally ready for marriage, hehe.

But I also wonder why people purposely look for a foreign wife... You think you could never fall in love with an American woman? I'm not saying this because I am American woman, but I guess I never really thought about where I want the person I fall in love with to be from. I wasn't looking for a foreign husband, we were just friends for a year and half, and well, we then fell in love. And to me that is the most important thing, is to fall in love with your best friend.

[JimVaPhuong 4,863]

When there is no transfer of property, transfer of other assets, or transfer of power to act, then a document does not require notarization.

Anyone can require a document to be notarized when they need confirmation of the identity of the person signing the document. For instance, the consulate in HCM routinely asks the petitioner to submit a statement describing the timeline of their relationship with the beneficiary. They require this statement to be both sworn and notarized. The timeline doesn't constitute a transfer of anything.

Withdrawing a petition is an act that only the original petitioner is eligible to do. Once the petition is withdrawn, the withdrawal cannot be revoked, and the petition cannot be revived. Before taking an irreversible action on a case, it would seem reasonable that a USCIS adjudicator would want to be confident that the request came from the only person actually authorized to make the request. It would not be unreasonable for an adjudicator to ask that the request be notarized, and in Dakine's case they apparently did.

[Rebecca Jo 1,962]

Anyone can require a document to be notarized when they need confirmation of the identity of the person signing the document. For instance, the consulate in HCM routinely asks the petitioner to submit a statement describing the timeline of their relationship with the beneficiary. They require this statement to be both sworn and notarized. The timeline doesn't constitute a transfer of anything.

Withdrawing a petition is an act that only the original petitioner is eligible to do. Once the petition is withdrawn, the withdrawal cannot be revoked, and the petition cannot be revived. Before taking an irreversible action on a case, it would seem reasonable that a USCIS adjudicator would want to be confident that the request came from the only person actually authorized to make the request. It would not be unreasonable for an adjudicator to ask that the request be notarized, and in Dakine's case they apparently did.

Anyone can request anything. That doesn't make it a legal necessity. Which is my only point.

[cranehand 0]

But I also wonder why people purposely look for a foreign wife... You think you could never fall in love with an American woman?

Yes, purposely I sought a foreign wife and I have good reason in my mind as to why I did this. Yes I have loved and been married to an American woman 14 yrs together and 10 of that was a good marriage. But now I have found exactly what I seek in a person from my Alesya. Looking for 2 years to find a woman that I truly wanted to explore the possibility of marriage with again. All difficulties were discussed in the very beginning as to the trials of international LDR.

Both parties should be well aware of the hurdles that come along with this. All parties know from the very beginning that the possibility of finding a love that will lead to matrimony is very real. Love knows no boundaries!!! and it would not matter one bit to me if for some reason we were denied or she didn't want to leave her family. I would gladly move to Ukraine just to be by her when I open my eyes in the morning.

I am also sorry that for the OP things didn't work out but I bet if he were to look back and think about what she was actually saying to him in letters and emails and skype or whatever, he would have seen that this is really no surprise. People do not always come right out and say exactly what they want. People IMO don't just suddenly change their mind. There are clues in the text and words that we miss sometimes.

Alesya is already talking about at some point in the future us living in Ukraine and I am good with it.

We (men) are the pursuer of the woman and the provider for our families and I would gladly do it anywhere on the face of the planet for the one I truly love. It is a fine line between compromise and putting your pride aside to have the love of a woman/man for the rest of your life. If I had realized this in my previous marriage I probably would not be in this place now. But such is life and all of us learn as we go.

[pushbrk 12,999]

Anyone can request anything. That doesn't make it a legal necessity. Which is my only point.

Concerning oneself too much with legal necessity is a prescription for failure in the immigration process. It's prudent to cover your butt. For instance there's no legal requirement for an I-134 in a K visa case either but I sure wouldn't advise anybody to try to get by without one, when a Consulate or officer requests it.

The argument, "It's not required." is irrelevant and unnecessary in light of a "recommendation" that cites no "requirement". When a Consulate, Consular officer or USCIS requests something be notarized, it becomes a practical necessity, legal or not.

[az110965 252]

"But I also wonder why people purposely look for a foreign wife... You think you could never fall in love with an American woman?"

Not to stray off the topic started by the OP, but I'll bet that the majority of men who either have petitioned for a K-1 or have married a non USC souse have already been married to an American woman.

I don't think it's about our inability to fall in love with an American woman, in my case it was about my inability to meet an American woman who shared my philosphy about family values and who wanted to stay at home to raise a family. I was married to an American woman for 6 years and we lived together for 3 before marriage. Having a family wasn't high on her priorities list.

I don't think all American women are bad, nor do I think all foreign women are good. I just know that I tried many different ways to meet an American woman who wanted what I did and I wasn't successful. I consider myself lucky because I met someone who sees life the same way that I do - the fact that she's frm a different country is irrevelant to me.

Not trying to hijack the thread, but the point was brought up, so I thought I'd respond.

Alan

[Rebecca Jo 1,962]

Concerning oneself too much with legal necessity is a prescription for failure in the immigration process. It's prudent to cover your butt. For instance there's no legal requirement for an I-134 in a K visa case either but I sure wouldn't advise anybody to try to get by without one, when a Consulate or officer requests it.

The argument, "It's not required." is irrelevant and unnecessary in light of a "recommendation" that cites no "requirement". When a Consulate, Consular officer or USCIS requests something be notarized, it becomes a practical necessity, legal or not.

If the officer of if USCIS request it, yes. But no one in this conversation is of that ilk.

I think you may be getting a bit carried away with your "recommendation", you know? A recommendation is only relevant when there's a preponderance of anecdotal evidence to suggest such a recommendation.

From my perspective, this isn't about who here is right or wrong. My addition to the conversation was an explanation as to why notarization is not required legally. If Dakine's adjudicator wanted a notarized statement, then fine. I don't know enough about his particular case to conjecture as to why that happened. It's my thinking his adjudicator had some suspicion of fraud (the elimination of which is why notarization happens in the first place) or the adjudicator was over-reaching.

If you would like to recommend persons notarize a case withdrawal, that also is fine. I merely think it's misleading to lead readers to believe such a step is mandatory. If that is not what you are doing, then I retract what you seem to think are my objections.

[Rebecca Jo 1,962]

"But I also wonder why people purposely look for a foreign wife... You think you could never fall in love with an American woman?"

Not to stray off the topic started by the OP, but I'll bet that the majority of men who either have petitioned for a K-1 or have married a non USC souse have already been married to an American woman.

I don't think it's about our inability to fall in love with an American woman, in my case it was about my inability to meet an American woman who shared my philosphy about family values and who wanted to stay at home to raise a family. I was married to an American woman for 6 years and we lived together for 3 before marriage. Having a family wasn't high on her priorities list.

I don't think all American women are bad, nor do I think all foreign women are good. I just know that I tried many different ways to meet an American woman who wanted what I did and I wasn't successful. I consider myself lucky because I met someone who sees life the same way that I do - the fact that she's frm a different country is irrevelant to me.

Not trying to hijack the thread, but the point was brought up, so I thought I'd respond.

Alan

With all due respect to you and cranehead but, well - blah blah blah.

There are just as many US women on this site who have married foreign men as their are US men who have married foreign women. These discussions which denigrate either US women OR men are really just neolithic. We all found someone to marry from a foreign country. I really think that should be the end of it. Generalizations, no matter how nicely put, make us look stupid.

[az110965 252]

Whatever...