how can i withdraw my petition?

[Avery Cates 1,141]

Unfortunately, things didn't work out with my fiance. He's currrently staying on his' sister's place, And I need to send a letter of withdrawal as soon as possible. So I'm hoping you guys can help me.

What kind of letter do I need to send? And where? Do I need to send the NOA1 and NOA2? Is it required to send a letter of withdrawal from both of us? I am the petitioner. Thanks in advance!

There's nothing you need to do, really. His only way to get legal status here is to marry you and file the AoS. Since he's not marrying you, if he's here past his 90 days he's here illegally, with no recourse.

Did he just leave one day to move in with his "sister?"

[Hypnos 6,576]

I don't believe your interpretation is correct, although in this case it is largely moot.

[LORIEandPHIL 123]

This is incorrect. It CAN be withdrawn, because my first petition was withdrawn after approval.

I received a confirmation letter from USCIS of this withdrawal, which states:

On [DATE], you filed a Form I-129F (Petition for Alien Relative) on behalf of your spouse, [NAME]. The Form I-129F was approved on [DATE]. On [DATE], you filed a form I-864 (Affidavit of Support) on behalf of your spouse which was submitted in conjunction with your spouse's Form I-485 (Application to Register Permanent Residence or Adjust Status). On [DATE], USCIS received a letter from you indicating that you would like to withdraw the petition and affidavit of support that you filed on behalf of [NAME].

USCIS has accepted your withdrawal. The Petition has been withdrawn, and there is no option to appeal. This does not preclude the filing of a new petition, should you choose to file one.

I would be happy to post the actual letter if further proof is required, with names and dates omitted of course.

You had them withdraw the petition (form I-485) and the affidavit of support (I-864). The I-129F was approved, issued and used, it would have no longer been valid. If you filed for AOS, then you must have got married. You were then way past the I-129F stage.

Edited February 26, 2014 by LORIEandPHIL

[Zedayn 485]

You had them withdraw the petition (form I-485) and the affidavit of support (I-864). The I-129F was approved, issued and used, it would have no longer been valid. If you filed for AOS, then you must have got married. You were then way past the I-129F stage.

First of all, I cannot withdraw the I-485 petition. That is my ex's petition, and only SHE can withdraw it. I withdrew my affidavit of support and I-129F petition.

The I-129F is certainly used beyond receiving the K-1 visa, it is used in the filing of the I-485 petition. For my ex to adjust status, as a K-1 visa holder, the only legal way she can adjust status is through her original petitioner...the one that filed the I-129F. She is required to include a copy of the NOA2 from the approved I-129F. Now that the already approved I-129F petition was withdrawn, my ex has no basis to adjust status.

In the response from USCIS, which I posted earlier, the reference to petition here is the I-129F:

On [DATE], USCIS received a letter from you indicating that you would like to withdraw the petition and affidavit of support that you filed on behalf of [NAME].

USCIS has accepted your withdrawal. The Petition has been withdrawn, and there is no option to appeal.

[Natanloupan 11]

I withdrew a K-1 visa at the embassy level . I received a letter from the embassy " This is in reference to the visa petition that you filed on behalf of BLAH BLAH Under US immigration law , the approval of an immigrant or fiance(e) petition is automatically revoked upon

X the formal notice of withdrawal filed by the petitioner / beneficiary

the above is underline since I the petitioner withdrew

The difference is the visa was approved for you . In my situation it was not , but they use the word petition in the letter I received . It would appear that it can be revoked even after approval an I-129F . I would call up USCIS and NVC and ask about a withdrawal letter . Can this be revoked at the level you are at well I would call and see .

[Me_Theo 25]

Give the immigration police his sister's address and any address you have from him, when his visa got expire, they can find him also send back him/his in the his/her country.

[KayDeeCee 4,893]

First of all, I cannot withdraw the I-485 petition. That is my ex's petition, and only SHE can withdraw it. I withdrew my affidavit of support and I-129F petition.

The I-129F is certainly used beyond receiving the K-1 visa, it is used in the filing of the I-485 petition. For my ex to adjust status, as a K-1 visa holder, the only legal way she can adjust status is through her original petitioner...the one that filed the I-129F. She is required to include a copy of the NOA2 from the approved I-129F. Now that the already approved I-129F petition was withdrawn, my ex has no basis to adjust status.

In the response from USCIS, which I posted earlier, the reference to petition here is the I-129F:

On [DATE], USCIS received a letter from you indicating that you would like to withdraw the petition and affidavit of support that you filed on behalf of [NAME].

USCIS has accepted your withdrawal. The Petition has been withdrawn, and there is no option to appeal.

You withdrew the I-864 though. She would have no way to be approved for AOS without the USC petitioner/sponsor providing an I-864, whether or not there is an approved I-129F already(which there had to be to get to that stage). I am sure you can withdraw it and get a response that it was withdrawn, as you did, but it was not actually necessary. No I-864, no AOS.

[Cathi 5,755]

The I-864 is not a petition. It is an affidavit.

From the link you provided, it does not specifically state that you cannot withdraw the petition after it has been adjudicated. It merely states that it can be withdrawn BEFORE it is adjudicated. It does not say anything about withdrawing AFTER adjudication.

The reason my first I-129f Petition was withdrawn was to invalidate my support of my ex's AOS application. Without my I-129F, she cannot adjust status. This information also comes from the director of my local USCIS office, which is where the suggestion was made to also withdraw the I-129F.

the OP's fiance is already in the US with an approved k1...there is no petition to be withdrawn AFTER the visa has been issued and before adjustment of status. You withdrew your petition before it got to the interview stage and issuance of the visa itself. Totally different circumstance

[nobbie 105]

be very handy if the timeline were filled in, it's difficult to see where you are in the process. You say fiancee so you're not married therefore 485 and 864 dont come in to it yet anyway. They have to leave after 90 of entry, thats it really

[Zedayn 485]

the OP's fiance is already in the US with an approved k1...there is no petition to be withdrawn AFTER the visa has been issued and before adjustment of status. You withdrew your petition before it got to the interview stage and issuance of the visa itself. Totally different circumstance

Where in the world did you get this information?

My ex already received her K-1 visa, entered the US, we married, and we filed her AOS application. She even received her EAD/AP when I mailed the letter withdrawing my petition. So the petition WAS withdrawn during the AOS phase of the process.

As I've already stated before, from which I have valid proof, the I-129F petition can be withdrawn even after its approved. The I-129F petition is needed for the AOS application (in the form of the NOA2) for the beneficiary of the I-129F to adjust status. So yes, you can withdraw it.

As Jay-Kay stated, all I really needed to do was withdraw my I-864 and it would have cancelled her AOS anyways...no need to withdraw the I-129F. I agree with that as well. I am simply stating that YES you can withdraw the I-129F petition after approval.

[Jeremy12095 8]

Basically while the I-129F is approved there's nothing to withdraw. By you not getting married to him he is not able to file the Adjustment of Status and he must return to his country prior to the 90 days or he will be come an illegal immigrant and face deportation. So just don't get married. Your not on the hook for anything.

[verysadguy 170]

Gee, wonder if he'll file VAWA. We'll never know.

[christeen 966]

Where in the world did you get this information?

My ex already received her K-1 visa, entered the US, we married, and we filed her AOS application. She even received her EAD/AP when I mailed the letter withdrawing my petition. So the petition WAS withdrawn during the AOS phase of the process.

As I've already stated before, from which I have valid proof, the I-129F petition can be withdrawn even after its approved. The I-129F petition is needed for the AOS application (in the form of the NOA2) for the beneficiary of the I-129F to adjust status. So yes, you can withdraw it.

As Jay-Kay stated, all I really needed to do was withdraw my I-864 and it would have cancelled her AOS anyways...no need to withdraw the I-129F. I agree with that as well. I am simply stating that YES you can withdraw the I-129F petition after approval.

Key difference however is that you MARRIED... The OP did not marry, therefore AOS and all related paperwork can never be filed... Nothing to withdraw, the beneficiary has 90 days to marry, after that the visa expires and they must leave the country... After that, no other responsibility for the petitioner ,

[krisibri 4]

He stayed on my place for almost 1 month. No aos filed, we didn't get married either. Now he's living with his sister 30 miles away from my place.

Thanks everyone! I guess I need to call USCIS so they can tell me what to do.

[Avery Cates 1,141]

He stayed on my place for almost 1 month. No aos filed, we didn't get married either. Now he's living with his sister 30 miles away from my place.

Thanks everyone! I guess I need to call USCIS so they can tell me what to do.

You can make an InfoPass and let them know in person that he left and there's no intention and he will be out of status after the 90 days with no recourse but to leave or stay here illegally. There is nothing he can do to get legal status without marrying you within the 90 days.