NEED HELP FOR WITHDRAW I-130

[dicon7 40]

Hello Everyone,

i need help to know that i married my cousin on 2011 and filed i-130 for him and my petition was approved from USCIS and he didn't get approved for his visa due to lack of evidence. NVC returned file to USCIS on 14 october 2014 for review, and he married someone there without letting me know anything. so later i found that he married someone and he gave me divorce after he refused by embassy. immediately i hired a lawyer who did nothing on this so far and my case is almost 21 months now still showing its pending review.

i love someone now and i want to bring him here with k1 visa but i dont know what to do now my i-130 still on review how to terminate it? and can i apply k1 if my this case is pending? or i have to wait until USCIS give me decision?

[hellraiser 42]

I believe this is a time when you consult with an immigration lawyer.

However common sense tells me that you should be able acquire and send proper documents/papers to USCIS to nullify your previous case and submit a new application. I am not sure or isn't talking from any experience but just making assumption.

[dicon7 40]

I believe this is a time when you consult with an immigration lawyer.

However common sense tells me that you should be able acquire and send proper documents/papers to USCIS to nullify your previous case and submit a new application. I am not sure or isn't talking from any experience but just making assumption.

thanks for your reply, do you have any idea how long it will take for dismiss i-130 after i send letter to USCIS ?

[Anitafeliz 1,133]

Filling a K1 is different then a CR1 so i dont know if you need to just submit a letter when you send your 129f petition or send and imbra waiver.

I had a previous 129f approved and received an RFE to file an imbra waiver for multiple approved 129f less then two years.

Not certain if this would apply. Did they deny due to the fiancee being your cousin

[hellraiser 42]

Sorry, unfortunately I can't help with an idea or estimate. However, I was thinking inline with Anitafeliz and I think that answer is lot more realistic.

Even when I applied for my wife, I read somewhere in the process that as nothing is guaranteed, she can pursue other immigration applications, if they are in pipeline. Similarly, if your marriage didn't workout and your application is stuck in the process, you should be able to collect documents that proves your marriage is not valid anymore (like a divorce letter), submit it to USCIS for the previous case and submit for K1. If in the K1 process requires previous marriage information, you can submit it with your documents. If not, then you have to take a chance for RFE and like Anitafeliz said, submit your information for that waiver.

Again, please be aware that I am just making guesses.

[dicon7 40]

Filling a K1 is different then a CR1 so i dont know if you need to just submit a letter when you send your 129f petition or send and imbra waiver.

I had a previous 129f approved and received an RFE to file an imbra waiver for multiple approved 129f less then two years.

Not certain if this would apply. Did they deny due to the fiancee being your cousin

You getting it wrong my cousin was my ex husband and he refused by embassy and he already got married there in back home and now i wanna apply for different person whom i love. By the thanks a lot

Edited July 23, 2016 by dicon7

[dicon7 40]

Sorry, unfortunately I can't help with an idea or estimate. However, I was thinking inline with Anitafeliz and I think that answer is lot more realistic.

Even when I applied for my wife, I read somewhere in the process that as nothing is guaranteed, she can pursue other immigration applications, if they are in pipeline. Similarly, if your marriage didn't workout and your application is stuck in the process, you should be able to collect documents that proves your marriage is not valid anymore (like a divorce letter), submit it to USCIS for the previous case and submit for K1. If in the K1 process requires previous marriage information, you can submit it with your documents. If not, then you have to take a chance for RFE and like Anitafeliz said, submit your information for that waiver.

Again, please be aware that I am just making guesses.

Thanks a lot for your information

[Anitafeliz 1,133]

You getting it wrong my cousin was my ex husband and he refused by embassy and he already got married there in back home and now i wanna apply for different person whom i love. By the thanks a lot

Sorry i meant husband? Were they investigating the marriage?

Anyway i belive it doesnt matter anymore it was approved over two years ago either way i assume since you say review for 21 months. Assuming its 21 months after the interview.

I would send a imbra incase cant hurt you if you are not sure this way so you dont waste time with an RFE. (Cant Hurt)

File your 129f and use the guides on here its helpful GET RID OF THE LAWYER

Good luck ????

Edited July 23, 2016 by Anitafeliz

[dicon7 40]

Sorry i meant husband? Were they investigating the marriage?

Anyway i belive it doesnt matter anymore it was approved over two years ago either way i assume since you say review for 21 months. Assuming its 21 months after the interview.

I would send a imbra incase cant hurt you if you are not sure this way so you dont waste time with an RFE. (Cant Hurt)

File your 129f and use the guides on here its helpful GET RID OF THE LAWYER

Good luck ????

Thanks dear , yes probably they were investigating and it was administrative process during that time, I'm not sure what is imbra and yes its now 21 months after interview now. All i need now to apply new k1 for my fiancé but i all afraid if my previous case of i-130 can make any problem for my new k1 or not.

Edited July 23, 2016 by dicon7

[Adil & Jeanne 296]

He was denied visa

Send copy of divorce papers with letter to USCIS office where case was returned to

and a letter to withdraw the CR 1

no lawyer needed

send the letter return receipt and keep copy of letter

when you apply for K1 for the other, send a copy of letter you sent to withdraw the I 130 with the new application along with copy of the receipt from post office showing USCIS got the letter

[dicon7 40]

He was denied visa

Send copy of divorce papers with letter to USCIS office where case was returned to

and a letter to withdraw the CR 1

no lawyer needed

send the letter return receipt and keep copy of letter

when you apply for K1 for the other, send a copy of letter you sent to withdraw the I 130 with the new application along with copy of the receipt from post office showing USCIS got the letter

Thanks helped me lot, actually i was discussing with an lawyer she told me that i need to terminate this i-130 first in order to go for K1 and she is charging me 650$ for this process, i dont know what to do right now. Do you have any idea how long does it take to terminate once i send letter and proof of divorce?

[NikLR 13,227]

No. No one does. It's not a commmon question on here. Im glad youve found a lawyer, as I would've suggest one for you.

[lutz 41]

I'm sorry you're in this predicament. About lawyers, please do your research before handing over your money to him or her. Yes, use a lawyer, but do research to make sure it's a good lawyer.

[Penguin_ie 5,993]

I am not sure why this took so long. What we have seen on here before is that the USC petitioner simply sends a letter to USCIS stating they are withdrawing the petition as they split up. I personally do not think a lawyer is needed. If I was you, I'd send a certified letter now with all the info you have on the previous case (case number, beneficiaries name, date visa was denied), and a short explanation of that you are withdrawing the case as you split up on X date after you found out about his other wedding. Keep a copy, and send a copy of the same letter when you file for the K1.

[subwayguy 100]

Hello Everyone,

i need help to know that i married my cousin on 2011 and filed i-130 for him and my petition was approved from USCIS and he didn't get approved for his visa due to lack of evidence. NVC returned file to USCIS on 14 october 2014 for review, and he married someone there without letting me know anything. so later i found that he married someone and he gave me divorce after he refused by embassy. immediately i hired a lawyer who did nothing on this so far and my case is almost 21 months now still showing its pending review.

i love someone now and i want to bring him here with k1 visa but i dont know what to do now my i-130 still on review how to terminate it? and can i apply k1 if my this case is pending? or i have to wait until USCIS give me decision?

Depends on the law, cousin marriage may not be legal and could possibly be annulled? for some very confusing reason, in NYS it is legal.