A few questions regarding canceling my i-129f

[beppykins 9]

Hi everyone. I got engaged back in September and filed for a i-129f that was received by USCIS on October 6. I broke off the engagement in November and sent a letter to cancel the application December 16. My case still hasn't been updated. No RFE's, no NOA2.

Questions:

1) How long does it normally take for them to cancel it? I'm really anxious and hoping that it will cancel before being sent off to the US Embassy.

2) Is it normal for the wait to be this long for a NOA2? I've read that some people have gotten them after a month or two. In this case I'm glad I haven't gotten the NOA2, but I'm just curious...

3) When I look up my case number online it says, "On October 6, 2014, we received your Form I-129F, Petition for Fiance(E), Receipt Number SRC#########, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. " There weren't really any instructions in the notice... Does it usually say that regardless of whether there were instructions or not?

Is my anxiety making me read too much into this? lol. I'm just ready for this whole thing to be over so I can move forward with my life. Thanks for the help.

[Girl from Celebes 588]

Though if the approve petition sent to the U.S. embassy, without affidavit of support from you, your former fiancé (e) can't apply for K-1 visa application. You are long way to go to get approval. You should hear anything from USCIS within 30 days after canceling your petition.

[beppykins 9]

Though if the approve petition sent to the U.S. embassy, without affidavit of support from you, your former fiancé (e) can't apply for K-1 visa application. You are long way to go to get approval. You should hear anything from USCIS within 30 days after canceling your petition.

Maybe I read wrong then, but I thought that I read somewhere that if it gets approval in this stage and moves onto the US Embassy with a NOA2, then I will face restrictions if I ever have to file another i-129f in the future (like a 2-year wait time?). That's how I interpreted it anyway, that if I cancel it before I receive a NOA2, it will basically just be "erased" and I won't face any restrictions or issues if for whatever reason I ever need to apply again.

[beppykins 9]

It was very hard for me to find a straight-up, clear answer on how the withdrawal process works and whether or not it would effect any future applications. Maybe I wasn't putting the correct search into google. Either way, apologies for being ignorant and thank you for any answers!

[Girl from Celebes 588]

Maybe I read wrong then, but I thought that I read somewhere that if it gets approval in this stage and moves onto the US Embassy with a NOA2, then I will face restrictions if I ever have to file another i-129f in the future (like a 2-year wait time?). That's how I interpreted it anyway, that if I cancel it before I receive a NOA2, it will basically just be "erased" and I won't face any restrictions or issues if for whatever reason I ever need to apply again.

Even if it does happen all you need is a waiver and many people here already had been through that situation. You don't have to wait if you wanted to file another I-129F, you just need a waiver. That's all.

[baron555 934]

Maybe I read wrong then, but I thought that I read somewhere that if it gets approval in this stage and moves onto the US Embassy with a NOA2, then I will face restrictions if I ever have to file another i-129f in the future

Wrong

(like a 2-year wait time?).

No, if you filed for a petition within that last two years of filing another, you only need include a waiver letter. Easy Peasy.

That's how I interpreted it anyway, that if I cancel it before I receive a NOA2, it will basically just be "erased"

No, but the waiver letter would be prudent anyways. Virtually all of them get approved and the new petition is adjucated.

and I won't face any restrictions or issues if for whatever reason I ever need to apply again.

You'll be fine.

[Zedayn 485]

The I-129F instructions state that, in accordance with the multiple filing limitations of the IMBRA, you will need a waiver IF:

1. You have previously filed K-1 petitions for two or more beneficiaries; OR

2. You previously had a K-1 petition approved and less than 2 years have passed since the filing date of such previously approved petition. (Source: http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf )

So if your I-129F is properly withdrawn before approval, you will not need a waiver. If you are filing a new petition within 2 years of the date you filed your first I-129F, you can include evidence that your first I-129F petition was withdrawn in lieu of a waiver request. If, however, your I-129F is approved, you will be required to submit a waiver request of the multiple filing limitations.

The waiver request is very easy, and is usually accepted. I had to include a waiver request with my I-129F petition, and I had no problems whatsoever.