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How do I cancel a K1 petition?

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Filed: K-1 Visa Country: Brazil
Timeline

How would I cancel a K-1 petition?

Oct 5 - NOA2

Nov 17 - NVC to Consulate in Rio de Janeiro - package is enroute via DHL.

What would I need to do?

Would I be able to file another K-1 in the future without problems?

Thanks.

Fernanda's Timeline

K-1

June 2, 2006 - Mailed K1 Petition

Jun 28, 2006 - NOA1

Oct 05, 2006 - NOA2 - APPROVED after 122 days

Dec 05, 2006 - Received Packet 3 from Consulate

Dec 11, 2006 - Medical Examination in Belo Horizonte

Jan 10, 2007 - Returned Packet #3 to Consulate (SEDEX-10)

Mar 13, 2007 - INTERVIEW SUCCESS! We have our K-1 VISA !!

POE & Texas Wedding

Mar 27, 2007 - POE Houston, TX. No questions. Gone in 10 minutes.

Mar 28, 2007 - Marriage License app

April 4, 2007 - Our Wedding Day!

April 12, 2007 - Apply for SS card with married name

April 20, 2007 - Received SS card

AOS

June 4, 2007 - Mailed AOS

June 6, 2007 - USCIS received

June 11, 2007 - NOA1 for I-485

July 18, 2007 - Biometrics completed

July 20, 2007 - Case transferred from MSC to CSC

July 31, 2007 - AOS Approved - 57 days - Without an Interview!

Aug 06, 2007 - Received Green Card in the mail today!

Jan 8, 2009 @ 8:18PM - Our son was born tonight !!

I-751 - Remove Conditions

July 11, 2009 - Certified Mail to VSC I-751 Package

July 14, 2009 - Check cleared bank

July 20, 2009 - NOA1 & 1 yr extension - Receipt date is July 14. Case# assigned

Sept 1, 2009 - Biometrics completed

Nov 25, 2009 - I-751 is approved. No Interview.

Dec 14, 2009 - 10yr Green Card arrived !

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Filed: AOS (apr) Country: Philippines
Timeline
How would I cancel a K-1 petition?

Oct 5 - NOA2

Nov 17 - NVC to Consulate in Rio de Janeiro - package is enroute via DHL.

What would I need to do?

Would I be able to file another K-1 in the future without problems?

Thanks.

Since it has gotten to the consulate phase you will need to get notice to them and abandon it there....

Future K-1's within two years of the petition previous petition's approval will be impacted via IMBRA and will require submission of a waiver

YMMV

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

Track the package and notify the embassy. Sorry to hear things are not working out. I noticed you either are in Brasil or just got back.

I-130

2006 09 06 Mailed I-130

2006 09 07 Rec'd at CA Center

2006 09 13 I-130 NOA1 receipt date

2006 11 22 NOA2, approved

2007 02 15 Case complete at NVC

2007 02 21 Case forwarded to Bogota Embassy

2007 02 23 Case received at Embassy

2007 04 12 Interview,VISA GRANTED

I-751- Removing Conditions

2009 04 08 Overnight Application

2009 04 09 Rec'd Application at CSC

2009 04 17 Rec'd NOA

2009 05 10 Called CSC - No Biometrix letter, 45 day Inquiry starts

2009 05 18 Made Info Pass appointment for June 2

2009 05 26 Rec'd response and copy of Bio Appt letter dated May 14, Appt on May 28

2009 05 27 Biometrix-walked in a day early and completed appointment

2009 06 01 Approved Conditions Removed (rec'd Congratulations letter on June 9)

2009 06 12 Touched but nothing changed on USCIS website

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

Hi Joey,

I'm really sorry to read about this! :(

But things happen for a reason and I'm sure you are doing what's best for you.

I have no experience with this but I think you should e-mail the consulate, giving the petition number and tell them you want to withdraw your sponsorship to her visa and that you want them to stop processing it. Ask them what steps you need to take to ensure that it is really cancelled. I'd also contact the USCIS and the NVC and ask the same thing.

I've read in other threads about people even marrying a K-1, getting a divorce and applying for another K-1 and getting it. So, I don't think you'll have a problem doing this eventually.

Anyways, good luck!

Alix :star:

N-400 (based on 3-year marriage rule)
06/05/2014 Application Sent
06/06/2014 Application Received in Phoenix

06/09/2014 Priority Date

06/11/2014 Notice Date

06/12//2014 Check Cashed
06/12/2014 Received email/text receipt confirmation from Phoenix Lockbox

06/17/2014 Biometrics Letter mailed
06/20/2014 Biometrics Letter Received

06/24/2014 Biometrics Walk-in

06/26/2014 In line for Interview

07/03/2014 Original Biometrics Appointment

07/29/2014 Yellow Letter Received

09/05/2014 Interview letter Received

10/07/2014 Interview

10/17/2014 Received email/text that oath has been scheduled

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We cancelled a case that had reached the embassy, had to write a letter requesting it (we sent that via certified mail and kept signed, returned receipt - came in handy when husband traveled to US later), then they called us to confirm on the tele to make sure it was true before they cancelled it. It gets sent back to where it originated and then it is revoked. We were able to re-file no problem, just had to show we had applied before and the outcome of that application....... (but we were not affected by IMBRA so I can't comment on that.)

Married 12-30-05

Started our visa journey Jan 06.

01-06 - I-130, K3 shortly after

04-06 - switched to Canada Immigration

07-06 - Moved to Canada (PR almost complete)

07-06 - Changed again, back to US imm.

09-06 - Landed as Canadian PR

10-06 - DCF Toronto, Approved in 1.5 hrs!

11-06 - Interview Montreal (success!)

I-130

10-05-06 DCF in Toronto - Approved

10-19-06 Packet 3 received & sent back

10-20-06 Montreal receives P3

11-03-06 Packet 4 received

11-06-06 Medical

11-22-06 Interview / Visa approved

11-26-06 heading home, 6 day drive, my oh my

HOME SWEET HOME

10.24.08 - Mailed I-751 to CSC

Delivered at 9:03 AM on October 25, 2008

10.29.08 NOA1

10.30.08 Check cashed

12.06.08 Biometrics Appt.

12.19.08 Received new Drivers License extended to 2011

03.12.09 Received CONGRATULATIONS letter - Card on the way!!

03.20.09 Received his SHINY new card. WOO HOOOOOOO

YAY!! We can take a break from this madness until Citizenship.

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Best of luck Joey (my RFE buddy), hopefully things work out for the best! :)

* * * * * * * * * K-1 VISA * * * * * * * * * * * *

06/21/06: Submitted I-129F to the CSC

10/18/06: NOA2 DATE

01/29/07: MEDICAL IN CDJ

01/30/07: INTERVIEW in CDJ **My fiance receives his visa**

03/31/07-04/08/07: I leave to Mexico and bring back my fiance

04/08/07: U.S. ENTRY at LAX

04/23/07: Married in Vegas

* * * * * * * *AOS, AP, & EAD * * * * * * * * * *

05/24/07: Submitted AOS, AP, EAD

06/01/07: NOA1 for AOS & EAD, NOA1 for AP missing, but they received forms

06/06/07: TOUCHED (AOS, AP, EAD)

06/23/07: RFE for I-864 paperwork

07/03/07: Biometrics for AOS & EAD

07/03/07: TOUCHED (EAD)

07/07/07: Submitted response to RFE

07/18/07: TOUCHED (AOS) They received RFE response

08/08/07: AP APPROVED

08/10/07: EAD APPROVED

10/17/07: AOS interview in Los Angeles -- APPROVED, pending name check :(

02/08/08: Name check has cleared, Notice welcoming new resident is mailed out

02/12/08: Card Production ordered, woohoo

02/15/08: Notice welcoming new resident is received

02/21/08: GREEN CARD IN HAND

08/23/08: After 7 years together . . . Religious wedding ceremony and HUGE PARTY in Jalisco, Mexico (we deserve it)

08/24-08/30: Spend our honeymoon in Acapulco, Mexico

Link to video clip of our wedding: http://www.youtube.com/user/dstradaproducc...f/1/wHiId9HZVRc

Nov. 2009: File to Remove Conditions

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Filed: K-1 Visa Country: Brazil
Timeline

What happended was............

In order to receive a Passport in Brazil, you cannot have outstanding bad debts. These have to be paid off before "CPF" will give make clearance for a Passport. At least that is my understanding. She had lost her job and was unable to pay her debts. But most of the debt was because she just kept spending even when she knew she had no way to pay (credit cards).

In March 2006, I gave her the money to pay all the bad debts to clear her record at "CPF". Now she can get a Passport. I visited Brazil Nov 8 - 14 and everything was just wonderful. I explained all the necessary documents, gave her all the info she would need from me at the Interview.

3 days after I returned home, I called her and asked about the Passport. That's when she told me she had done something "stupid" long ago. She explained that she had never paid those old debts and that she is unable to get a Passport. I was furious! I did not have words to explain what I was feeling.

I remembered that when I visited her Mother's house, it had new living room furniture, new bathroom appliances, new dining room furniture, new kitchen and a new refrigerator. Now the all the pieces started coming together. I understand that she did this for the family, but here I am with our petition arriving at the Consulate in Rio de Janeiro TODAY. She has no passport and has no way to get one. How I wish I wish I had that diamond ring back!

She swears that her love for me is true, and that she just made a horrible mistake, bad judgement. But I don't think I can proceed more with the Visa. I am certainly not going to pay for all her debts again. I told her to sell her ring and pay her debts. So here I am, about to stop the Visa process and the papers are in Brazil now. How sad is all this?

Honestly, I care much for her. I love her. I really don't know what I should do. I feel angry, betrayed, confused, stupid. I have not talked to her since she told me all this. So, in the next 2-3 weeks, I will make a decision on what I'll do. I do not want to be making too much about nothing in the big picture of life. I just need to think.

Fernanda's Timeline

K-1

June 2, 2006 - Mailed K1 Petition

Jun 28, 2006 - NOA1

Oct 05, 2006 - NOA2 - APPROVED after 122 days

Dec 05, 2006 - Received Packet 3 from Consulate

Dec 11, 2006 - Medical Examination in Belo Horizonte

Jan 10, 2007 - Returned Packet #3 to Consulate (SEDEX-10)

Mar 13, 2007 - INTERVIEW SUCCESS! We have our K-1 VISA !!

POE & Texas Wedding

Mar 27, 2007 - POE Houston, TX. No questions. Gone in 10 minutes.

Mar 28, 2007 - Marriage License app

April 4, 2007 - Our Wedding Day!

April 12, 2007 - Apply for SS card with married name

April 20, 2007 - Received SS card

AOS

June 4, 2007 - Mailed AOS

June 6, 2007 - USCIS received

June 11, 2007 - NOA1 for I-485

July 18, 2007 - Biometrics completed

July 20, 2007 - Case transferred from MSC to CSC

July 31, 2007 - AOS Approved - 57 days - Without an Interview!

Aug 06, 2007 - Received Green Card in the mail today!

Jan 8, 2009 @ 8:18PM - Our son was born tonight !!

I-751 - Remove Conditions

July 11, 2009 - Certified Mail to VSC I-751 Package

July 14, 2009 - Check cleared bank

July 20, 2009 - NOA1 & 1 yr extension - Receipt date is July 14. Case# assigned

Sept 1, 2009 - Biometrics completed

Nov 25, 2009 - I-751 is approved. No Interview.

Dec 14, 2009 - 10yr Green Card arrived !

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Filed: K-1 Visa Country: Philippines
Timeline
What happended was............

In order to receive a Passport in Brazil, you cannot have outstanding bad debts. These have to be paid off before "CPF" will give make clearance for a Passport. At least that is my understanding. She had lost her job and was unable to pay her debts. But most of the debt was because she just kept spending even when she knew she had no way to pay (credit cards).

In March 2006, I gave her the money to pay all the bad debts to clear her record at "CPF". Now she can get a Passport. I visited Brazil Nov 8 - 14 and everything was just wonderful. I explained all the necessary documents, gave her all the info she would need from me at the Interview.

3 days after I returned home, I called her and asked about the Passport. That's when she told me she had done something "stupid" long ago. She explained that she had never paid those old debts and that she is unable to get a Passport. I was furious! I did not have words to explain what I was feeling.

I remembered that when I visited her Mother's house, it had new living room furniture, new bathroom appliances, new dining room furniture, new kitchen and a new refrigerator. Now the all the pieces started coming together. I understand that she did this for the family, but here I am with our petition arriving at the Consulate in Rio de Janeiro TODAY. She has no passport and has no way to get one. How I wish I wish I had that diamond ring back!

She swears that her love for me is true, and that she just made a horrible mistake, bad judgement. But I don't think I can proceed more with the Visa. I am certainly not going to pay for all her debts again. I told her to sell her ring and pay her debts. So here I am, about to stop the Visa process and the papers are in Brazil now. How sad is all this?

Honestly, I care much for her. I love her. I really don't know what I should do. I feel angry, betrayed, confused, stupid. I have not talked to her since she told me all this. So, in the next 2-3 weeks, I will make a decision on what I'll do. I do not want to be making too much about nothing in the big picture of life. I just need to think.

You've been blinded by love. She never intended to marry you. Cancel the petition and find an honest woman.

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Filed: K-1 Visa Country: Brazil
Timeline

Joey,

First of all, I'm sorry about what you're going through... Take your time and try not to make any decisions that you might regret later. As far as I know, the waiting time for an interview in Rio has gone from 1 month to 2-3 months, which would give you guys time to sort this out.

I have checked what is needed to get a passport in Brazil and I haven't found anything about needing CPF clearance.

Fernanda would need to show (i) either her ID (RG) or her birth certificate; (ii) her voting document and the little strips of paper they give us that show that we voted in the last election (or, if you can't find them, a certificate obtained with the Electoral Justice - and I think you can obtain it online); (iii) 2 passport pictures (5x7 cm); (iv) the form that can be found (click on the link below); and (v) an GRU filled out and duly paid ( https://www2.dpf.gov.br/gru/gru?nac=0 - BRL 89.71). So... I may be mistaken, but I don't see how one would need any clearance from Secretaria da Receita Federal to get a passport. GRU has a field where we type our CPF number, but as far as I know, that's to identify the person who is making the payment and they don't really check it. They only care about the payment being made and that the information on the GRU is correct (GRU).

http://www.dpf.gov.br/web/servicos/passaporte.htm

If I *am* mistaken and they do check CPF information, you should know that CPF (that's the individual taxpayer registry with the authority equivalent to IRS in the US) can only be 'suspended' if one's failed to file tax returns in the last 2 years (or the statement that says one does not meet the requirements to file). And to get your CPF cancelled is really hard (I mean, the situations in which one's CPF gets cancelled don't happen too often and none of them includes having debts, as far as I know). - http://www.receita.fazenda.gov.br/Legislac...4/in4612004.htm

In any case, Fernanda can check whether her situation with the Receita Federal is okay by checking it online: http://www.receita.fazenda.gov.br/Aplicaco...ultaPublica.asp

If it's not okay, then she'll find instructions here: http://www.receita.fazenda.gov.br/Novidade...LeiaMaisCpf.htm

If she's having problems with credit card companies, then her name goes to SERASA. You'll find what it does exactly by visiting their website: http://www.serasa.com.br/ingles/i_serasa/index.htm (in English).

Fernanda can contact the credict card companies and try to pay for her debts in instalments. From what I've heard they are even willing to charge less than is owed if it means they'll get some money back. There are some companies in Brazil who will assist people who can't pay their credit card bills negotiate with the credit card companies, but I've never used one, so I can't tell you which one is reliable.

I hope this helps Fernanda and you to solve her financial problems and to work on your relationship.

I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

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Filed: K-1 Visa Country: Brazil
Timeline
My brother had debts on his CPF and did not have to clear it before getting his passport.

Cindy&Kev,

Even debts that have been turned over to a Collection Agency?

Fernanda's Timeline

K-1

June 2, 2006 - Mailed K1 Petition

Jun 28, 2006 - NOA1

Oct 05, 2006 - NOA2 - APPROVED after 122 days

Dec 05, 2006 - Received Packet 3 from Consulate

Dec 11, 2006 - Medical Examination in Belo Horizonte

Jan 10, 2007 - Returned Packet #3 to Consulate (SEDEX-10)

Mar 13, 2007 - INTERVIEW SUCCESS! We have our K-1 VISA !!

POE & Texas Wedding

Mar 27, 2007 - POE Houston, TX. No questions. Gone in 10 minutes.

Mar 28, 2007 - Marriage License app

April 4, 2007 - Our Wedding Day!

April 12, 2007 - Apply for SS card with married name

April 20, 2007 - Received SS card

AOS

June 4, 2007 - Mailed AOS

June 6, 2007 - USCIS received

June 11, 2007 - NOA1 for I-485

July 18, 2007 - Biometrics completed

July 20, 2007 - Case transferred from MSC to CSC

July 31, 2007 - AOS Approved - 57 days - Without an Interview!

Aug 06, 2007 - Received Green Card in the mail today!

Jan 8, 2009 @ 8:18PM - Our son was born tonight !!

I-751 - Remove Conditions

July 11, 2009 - Certified Mail to VSC I-751 Package

July 14, 2009 - Check cleared bank

July 20, 2009 - NOA1 & 1 yr extension - Receipt date is July 14. Case# assigned

Sept 1, 2009 - Biometrics completed

Nov 25, 2009 - I-751 is approved. No Interview.

Dec 14, 2009 - 10yr Green Card arrived !

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JoeyJoey, First let me say that this must be extremely painful to have the trust that we all must in our Fiance's and to find that this trust was broken. You have stated that she is deeply sorry for the dishonesty! Here is my suggestions:

Have every piece of furniture or appliance that the family received with money not intended for them returned immediately! If any family member complains, she should state that this is for the well being of the her and the potential marriage because she purchased them them with the Fiance's money with out his knowledge. If the family is against the departure of the gifts, then they obviously knew from the beginning of the gift giving that she was buying the gifts with "swindled" money. I pray that was not the case for you!

If your Fiance has any issues with returning the gifts, even at a loss!, then she was not really looking at your heart. I pray to God that she will comply with such a request and her family will understand that selling these gift from her, financed by you, will repair the damage done!

God bless and I pray you find truth:)))) Ask her and she just might return all gifts to save a love she had searched for all her life. If she doesn't, please thank God for not allowing you to be taken for a fool.

God bless.

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Filed: K-1 Visa Country: Colombia
Timeline

Let's face it you are getting scammed. She got you once. Don't let her get you again. The consulate is not a collection agency. They really don't care about foreign debt. Cut your losses. She probably has 10 guys paying this same debt that has put her family up in luxury.

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

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Filed: K-1 Visa Country: Brazil
Timeline

Joey, I'm sorry you're in this situation. It probably hurts right now......

Just to clarify... she can get a passport even if she is in debt. I just called and checked with my uncle, who works at the Federal Police, and he said that it'd not be a problem.

Don't do anything you might regret later, no one really knows if she really just made a mistake and regrets lying to you, or if she's playing you. So no one here can or should judge your relationship.

Follow your heart and do what is best for you.

Good luck!! :thumbs:

OUR COMPLETE TIMELINE

Latest steps:

10/26/2006- Consulate receives case (seriously, one month to receive the case?? BS!), and packet 3 that I sent even before they had received the case.

01/02/2007- Interview!!!!!!!!!!!!! Got a 221(g)

01/23/2007- Second Interview. VISA granted!!!

01/29/2007- VISA arrived.... no envelope though. I'm gonna contact them and see what happened this time!

01/31/2007- I'll have to send them one last financial support evidence.

02/01/2007- Evidence sent

02/02/2007- Evidence received by Consulate

02/06/2007- Consulate sends envelope!

02/07/2007- Envelope received!!!

02/10/2007- Flew to the USA!!!!!!

04/17/2007- Wedding day!!!

--- Wish us luck!!! ---

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