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mayb

Cancelling my I-130 Petition?

By mayb in IR-1 / CR-1 Spouse Visa Process & Procedures

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mayb Contributor

mayb   1

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Filed: IR-1/CR-1 Visa Country: United Kingdom
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I filed an I-130 in June and it was sent to the Overland Park Kansas office.

I decided to file another I-130 at the USCIS London Office as that process is moving much faster than the U.S. right now. Despite being advised by both offices that I didn't need to cancel my US petition I received a Notice of Additional Processing Requirements stating that in order for my London I-130 to be approved I need to cancel my U.S. I-130.

I assume I will send the request to withdraw my U.S. petition to Overland Park? Also, does it need to be notarized or just signed?

2013-22-05: Sent I-130 to Chicago Lockbox

2013-10-06: NOA1 received - Petition at Overland Park, Kansas

2013-11-12: Email stating our I-130 has been transferred to a local USCIS Office

2013-13-12: Email stating our I-130 was transferred and is now being processed at a USCIS office

Have now decided to do DCF through the London Embassy:

2013-22-10: Overnighted a second I-130 to London

2013-24-10: NOA1

2013-21-11: Letter requesting that we cancel our I-130 petition filed in the U.S.

2013-09-12: NOA2

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dwheels76 Grand Master

dwheels76   5,468

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Filed: Citizen (apr) Country: Nigeria
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I filed an I-130 in June and it was sent to the Overland Park Kansas office.

I decided to file another I-130 at the USCIS London Office as that process is moving much faster than the U.S. right now. Despite being advised by both offices that I didn't need to cancel my US petition I received a Notice of Additional Processing Requirements stating that in order for my London I-130 to be approved I need to cancel my U.S. I-130.

I assume I will send the request to withdraw my U.S. petition to Overland Park? Also, does it need to be notarized or just signed?

You have here overnighted I-130 to London embassy. You the petitioner do you not live and are a resident of UK?

If not DCF will not work for you.

To cancel I-130 you would send to USCIS not overland park. But again are you a resident of the UK and reside there now?

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mayb Contributor

mayb   1

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Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
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Posted

Yes I reside in the UK and I meet the requirements for DCF through the London embassy. Everything is inline for my I-130 being approved in London except that my petition needs to be cancelled in the US. I originally filed in the US because I did not realise DCF was an option at that time.

The USCIS has many offices, so where should I send the request to withdraw my petition to?

2013-22-05: Sent I-130 to Chicago Lockbox

2013-10-06: NOA1 received - Petition at Overland Park, Kansas

2013-11-12: Email stating our I-130 has been transferred to a local USCIS Office

2013-13-12: Email stating our I-130 was transferred and is now being processed at a USCIS office

Have now decided to do DCF through the London Embassy:

2013-22-10: Overnighted a second I-130 to London

2013-24-10: NOA1

2013-21-11: Letter requesting that we cancel our I-130 petition filed in the U.S.

2013-09-12: NOA2

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lost_at_sea Experienced

lost_at_sea   995

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Filed: Citizen (apr) Country: United Kingdom
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Posted (edited)

Send a withdrawal letter to the service centre your petition is currently at.

Include a photocopy of your NOA1 so they can quickly match up your records.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
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30th July 2013 - POE San Francisco
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mayb Contributor

mayb   1

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

thanks for the suggestion on sending the copy of the NOA1 sent it and a letter today, over night was £49 so we opted with the £6 option of having it arrive within 5 days.

2013-22-05: Sent I-130 to Chicago Lockbox

2013-10-06: NOA1 received - Petition at Overland Park, Kansas

2013-11-12: Email stating our I-130 has been transferred to a local USCIS Office

2013-13-12: Email stating our I-130 was transferred and is now being processed at a USCIS office

Have now decided to do DCF through the London Embassy:

2013-22-10: Overnighted a second I-130 to London

2013-24-10: NOA1

2013-21-11: Letter requesting that we cancel our I-130 petition filed in the U.S.

2013-09-12: NOA2

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Eastyo Community Regular

Eastyo   100

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

thanks for the suggestion on sending the copy of the NOA1 sent it and a letter today, over night was £49 so we opted with the £6 option of having it arrive within 5 days.

Hi Mayb, Can i ask (as i am about to do the same), how long after you sent the letter to cancel the i130 did London accept and process the i130?

Does London just need to send the letter or do they need to "see something on the system"? I was just wondering as it could take USCIS a while to cancel and for London to see it!

USCIS


August 22nd 2013: NOA 1


February 18th : Transferred to California


February 26th : NOA 2


March 3rd : NOA 2 Hard Copy



NVC


March 7th 2014: Case received by NVC


April 4th 2014: NVC Case# and IN #Received


xxxx: AOS Bill Invoiced & Paid


xxxx: AOS Bill showing paid


xxxx: AOS Packet sent (electronic)


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mayb Contributor

mayb   1

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

Hi Mayb, Can i ask (as i am about to do the same), how long after you sent the letter to cancel the i130 did London accept and process the i130?

Does London just need to send the letter or do they need to "see something on the system"? I was just wondering as it could take USCIS a while to cancel and for London to see it!

London advised me they would not approve our petition with them until the one in the US was cancelled but I went ahead an mailed London a copy of our notarized letter requesting to have our US petition cancelled and London approved ours a few days later! So in short I think they may tell you that they have to see it cancelled but in reality I think they are just looking for your intent to cancel it.

As far as I'm aware our petition is still live in the US despite my letter requesting it be cancelled having arrived over a month ago.

2013-22-05: Sent I-130 to Chicago Lockbox

2013-10-06: NOA1 received - Petition at Overland Park, Kansas

2013-11-12: Email stating our I-130 has been transferred to a local USCIS Office

2013-13-12: Email stating our I-130 was transferred and is now being processed at a USCIS office

Have now decided to do DCF through the London Embassy:

2013-22-10: Overnighted a second I-130 to London

2013-24-10: NOA1

2013-21-11: Letter requesting that we cancel our I-130 petition filed in the U.S.

2013-09-12: NOA2

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Eastyo Community Regular

Eastyo   100

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

London advised me they would not approve our petition with them until the one in the US was cancelled but I went ahead an mailed London a copy of our notarized letter requesting to have our US petition cancelled and London approved ours a few days later! So in short I think they may tell you that they have to see it cancelled but in reality I think they are just looking for your intent to cancel it.

As far as I'm aware our petition is still live in the US despite my letter requesting it be cancelled having arrived over a month ago.

Hey, thanks for that. One question, what do you mean by "notarized"? Did you just sign the letter yourself or actually get someone to notarize it for you like a lawyer?

I was just going to send a copy of the letter, signed by me to be true, and a copy of the proof of postage, to the embassy with my application?

USCIS


August 22nd 2013: NOA 1


February 18th : Transferred to California


February 26th : NOA 2


March 3rd : NOA 2 Hard Copy



NVC


March 7th 2014: Case received by NVC


April 4th 2014: NVC Case# and IN #Received


xxxx: AOS Bill Invoiced & Paid


xxxx: AOS Bill showing paid


xxxx: AOS Packet sent (electronic)


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