Cancelling K1 Application after Approval

[ellh90 3]

Hi All,

I've been trying to get in touch with the USCIS over the last month about cancelling my fiance and I K1 Application but have been unsuccessful and today received an email to say it had been approved. I've decided to stay in Australia because of some family matters that don't allow me to leave for some time, my fiance (in the U.S) has decided that he doesn't wish to be here with me during that time and as a result we can't go through with the application.

After contacting the Visa office here in Australia I was eventually told to contact the U.S office only to be told I had to call rather than email. I've asked my fiance to contact them several times and eventually he got through and they told him he needs to send a letter in and then when he asked for the address they apparently transfered him through to a different department and he was put on hold for 45 minutes. It's been impossible to cancel this and then today I got the approval email. I don't know where to go from here and relying on him to contact them is obviously not the best option here.. Should I call them myself? Has anyone else had issues with this? It's a huge headache!

Another question.. Once this has been cancelled will there be any issues if I attempt to enter the U.S on a holiday at a later date? Any help would be appreciated, this whole thing has been so tough.

[andy ngeci 18]

after u get your visa after interview u have 6 months to go to US. will u not be through upto then?

[ellh90 3]

Hi! Unfortunately not, I've had to make the choice to live in Australia.

[KayDeeCee 4,895]

Are you wanting to cancel the actual K-1 application or the I-129F petition? I am guessing you meant the I-129F petition since you said you just got an email approval. There is no K-1 application until the foreign fiance(e) applies at the consulate in their country after the I-129F has been approved.

You cannot cancel by phone or email. You must ask to cancel in writing. A letter to the USCIS service center that was processing your case would have worked, but with the approval, it will be sent to the NVC and onto the consulate from there. After it is at the consulate, send a withdrawal letter to the embassy in Australia. State that you wish to withdraw the I-129F petition and provide your case number.

[ellh90 3]

Sorry Jay-Kay yeah the i-129F has been approved and that's what I received the email about today.

I will send the letter once it's at the consulate, thankyou! Do you know if I need anything from him also? And if I'll have any trouble if I was to enter the U.S on a holiday at a later date because of the cancellation?

[KayDeeCee 4,895]

The USC petitioner needs to withdraw the I-129F petition, so he needs to send the letter. You can contact the consulate as well and let them know you no longer wish to pursue the K-1 visa.

I do not know if will affect you entering the US to visit. It shouldn't though. Just make sure to bring evidence of strong ties to your country.

[ellh90 3]

Thanks Jay-Kay So it would be best if both him and I were to send individual letters to the U.S consulate here?

[stevie b 141]

Thanks Jay-Kay So it would be best if both him and I were to send individual letters to the U.S consulate here?

what jay kay was saying is your contact to cancel the pursuit of the k1 is like a courtesy call

the actual cancellation has to come from the petitioner

[bigdog 376]

I agree the petitioner needs to cancel so the door will remain open for the future.

[Darnell 8,479]

the receipt notice (way back when) , NOA-1, formletter I-797C, listed an address for correspondence.

It's best to use that address, The Petitioner sends off a postal letter (with signature delivery confirmation) and includes a copy of the NOA-1.

That's it, really.

Sorry yer fiance had issues on the phone with USCIS Hotline - the folk that answer the phone are contractors from SERCO and mostly make up sh|t most of the time.

Edited June 28, 2013 by Darnell

[ellh90 3]

So my fiance got in touch with USCIS again and they said if it hadn't been approved he would be fine with sending in a letter to them but because it had been he said he had to make an appointment to go into the USCIS office in his state?? I don't believe this is what we need to do.

Should we just wait until we hear from the consulate in Sydney about the interview and then send the letter into them?

[loughrey101 13]

Your visa petition automatically expires after 4 months, so if you are not planning on reapplying within that time frame then your easiest option is to just let it expire.

[loughrey101 13]

No, there is no problem entering the US on holiday, either with the waiver or with a holiday visa because the stipulation is that you can't have anymore than one visa at one time, but since the petition is not itself a visa you could apply for another visa tomorrow without issue.

[NigeriaorBust 4,087]

Mail in the letter, make sure you keep a copy of the letter and the receipt from it being delivered. Expired petitions can haunt the non USC should another petition ever pop up especially if you are no longer in touch with the original petitioner.

[KayDeeCee 4,895]

Yes, do not just leave it to expire. Write the letter to withdraw it.