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

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Re the issue of "To notarize or not notarize" in regards to withdrawing a petition and/or affidavit of support:

It has been my experience that NOTARIZING IS NOT NECESSARY.

You will get a response from USCIS just the same, whether or not you notarize.

If you have a friend that is nearby and will do the notary free, then fine, go crazy, if it makes you feel better.

But if you are going to go out of your way and pay for the notary, just don't do it. You have enough stress and real tasks to do in this tedious immigration process. No need for "make work" or "False urgencies." Forget the nattering naybobs that will insist you even notarize your RFE responses.

OP, good luck and peaceful resolution to you. Go back online and find your true love waiting for you now.

:star:

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Filed: K-1 Visa Country: Vietnam
Timeline

1. There is no blame. If you withdraw before approval there is "no petition" and t does not count. No harm, no foul, no future complications. Withdraw now, the girl does not want to go through with it.

2. No, if you cancel now, you have ONE failed I-129f more than two years old. No problem.

The attorney is wrong. You can have two APPROVED peritions within a lifetie WITHOUT a waiver. A waiver is a letter explaining the situation and asking that they make an exception, it is free and typically granted. Stay away from attorneys. You must have two years between approved petitions or you must ask for a waiver.

Right now you have ONE approved petition more than two years ago. Withdraw now and you slate is clear. It cost $455 to find out. Cheaper than attorneys fees. Heck, plane tickets to Ukraine are cheaper than attorneys fees...by lots.

How did this thread get resurrected after more than a month? :blink:

Anyway, the above is incorrect. A waiver is needed if two petitions were filed EVER, whether or not either of them were approved, or if one petition was approved within the past 2 years. The OP filed two petitions, one approved and one withdrawn. He would need a waiver for any future filing.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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How did this thread get resurrected after more than a month? :blink:

Anyway, the above is incorrect. A waiver is needed if two petitions were filed EVER, whether or not either of them were approved, or if one petition was approved within the past 2 years. The OP filed two petitions, one approved and one withdrawn. He would need a waiver for any future filing.

Your statement is not technically correct, Jim, and here is why. (and why does it matter if a good topic is resurrected. THat shows its vitality and importance).

Anyways, let's say a petitioner files a K1 on a nice lady in the Phils. And then, before the embassy interview, he finds out she is not so nice after all.

All the petitioner has to do is write a brief letter of explanation regarding his desire to "abandon the petition" and withdraw his affidavit of support (NO NOTARIZATION NEEDED!). Send copy of said letter to USCIS, NVC and Embassy Consulate.

In a sentence of the letter, the petitioner can state: "Please construe this letter as an IMBRA Waiver Request, should such a request be needed for a future petition" or words to that effect. THEN, the petitioner simply includes a copy of this letter in his next K1 petition for girl #2. And wala, no real IMBRA waiver is needed, no time lost in processing the packet for a RFE .

Oh, and BTW, I know this works, because it worked for me.

Cheers, and remember, ENJOY YOURSELF.

:star:

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