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Filed: Country: United Kingdom
Timeline
Posted

I already filed the i-130 with my dad as the petitioner as he's a US citizen, but a lack of research meant that although the form was sent back approved.. we KNOW that we cannot complete it because my dads domicile isnt within the US it's here in the UK.

I'm 18 also so, dont qualify for anything else as far as im aware.

However my US boyfriend will do anything to allow us to be together so he's asked me to marry him etc. and we were thinking about filing a k1, or whatever else..

but the point is, does this mean i have to let them know that my previously filed i-130 is no longer any use to me, and like cancel it?

Or can i just simply apply on the grounds of another form? ( if the requirements are met obvs. )

so to sum it up..

Do I need to cancel the previous form sent before I start on a new one..with a completely different petitioner..

and will the fact that ive already had an i-130 sent in ruin my chances of being approved on another one?..thanks :thumbs:

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted (edited)

Moved from K1 Progress Reports to General Immigration-Related Discussion.

Do I need to cancel the previous form sent before I start on a new one..with a completely different petitioner..

and will the fact that ive already had an i-130 sent in ruin my chances of being approved on another one?..thanks :thumbs:

There is nothing you would do regarding the other petition, it would be the petitioner that would withdraw it. Since your father does not have a US domicile, the file would go no further than the NVC as they would see he does not have a US domicile and would require him to obtain one or show evidence of intent to re-establish one before processing the file further. The NVC will consider that petition abandoned if there is no contact for 1 year from the date of last contact with either the petitioner or beneficiary.

Having this I-130 sent in on your behalf will not ruin your chances of being approved for a fiancee or spousal visa.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: Country: United Kingdom
Timeline
Posted

Moved from K1 Progress Reports to General Immigration-Related Discussion.

There is nothing you would do regarding the other petition, it would be the petitioner that would withdraw it. Since your father does not have a US domicile, the file would go no further than the NVC as they would see he does not have a US domicile and would require him to obtain one or show evidence of intent to re-establish one before processing the file further. The NVC will consider that petition abandoned if there is no contact for 1 year from the date of last contact with either the petitioner or beneficiary.

Having this I-130 sent in on your behalf will not ruin your chances of being approved for a fiancee or spousal visa.

Okay thanks :yes: and do you know what the petitioner ie. my dad would have to do to withdrawal the i130 petition?

Or would it not really matter wether he did anything about it or not, it can be left as it is and a k1 can still be filed instead of that?

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Okay thanks :yes: and do you know what the petitioner ie. my dad would have to do to withdrawal the i130 petition?

Or would it not really matter wether he did anything about it or not, it can be left as it is and a k1 can still be filed instead of that?

If your father wanted to formally withdraw the petition, he would have to send a signed written statement explaining the reason to the NVC. If he does nothing, then the NVC would return the petition to USCIS with a recommendation to withdraw approval based on abandonment or they will do nothing and let the file gather dust while they work on active files.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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