Withdrawing Application

[Allegra1986 0]

We submitted an i130 about 6 months ago but didn’t anticipate the process taking taking so long and have decided to move to the UK instead. What happens now.. should I withdraw the application and will that have any consequences in the future if we decide to apply again? Or what would happen if we just did nothing after the first part is approved? Would it just sit there at the NVC stage indefinitely or would the application end up showing as denied? Thanks!

[GreatDane 366]

53 minutes ago, Allegra1986 said:

We submitted an i130 about 6 months ago but didn’t anticipate the process taking taking so long and have decided to move to the UK instead. What happens now.. should I withdraw the application and will that have any consequences in the future if we decide to apply again? Or what would happen if we just did nothing after the first part is approved? Would it just sit there at the NVC stage indefinitely or would the application end up showing as denied? Thanks!

If you eventually move back to the US, they will likely put your case under additional scrutiny. You're already pretty far through the process - I'd wait it out. It's going to take you time anyways to apply for a visa to move to Spain. If you withdraw or do nothing, it will eventually show up as a rejected/declined petition.

[No-Where-Man 147]

Hi

Once your application is approved it will be transferred to the National Visa Center( a part of the Department of State) which in turn will send you a notice of the case number and requests payments and documents to continue processing your case. You have one year from the date they receive it to submit everything they want. If you didnt, they will close your case due to abundance. Withdrawing the petition does not have any consequences on future petitions for him or any other person. Personally I would let it get approved and move to NVC, then you have a full year to decide if you guys wana pursue it or just let it expire. 

Edited November 30, 2017 by No-Where-Man

[Allegra1986 0]

8 hours ago, GreatDane said:

If you eventually move back to the US, they will likely put your case under additional scrutiny. You're already pretty far through the process - I'd wait it out. It's going to take you time anyways to apply for a visa to move to Spain. If you withdraw or do nothing, it will eventually show up as a rejected/declined petition.

Thanks for this! We live in Spain currently (just FYI you can just move as the spouse of an EU citizen, no need to apply in advance for a visa - although for Brits this will change with brexit), that aside we have the approved UK spouse visa for my husband already - it seriously took a month, huge contrast!! Anyway, there were reasons other than timing that mean we’d rather move there than the US - i’m really just looking for the best way to deal with my application now.

 

Extra scrutiny is ok, I guess we’ll just allow an even longer time frame if we ever decide to move there. Any idea on how this would affect traveling to the US for holiday? Will I need to apply for a new esta and state a visa denial?

[Allegra1986 0]

8 hours ago, No-Where-Man said:

Hi

Once your application is approved it will be transferred to the National Visa Center( a part of the Department of State) which in turn will send you a notice of the case number and requests payments and documents to continue processing your case. You have one year from the date they receive it to submit everything they want. If you didnt, they will close your case due to abundance. Withdrawing the petition does not have any consequences on future petitions for him or any other person. Personally I would let it get approved and move to NVC, then you have a full year to decide if you guys wana pursue it or just let it expire. 

Oh that’s brilliant you have a full year, should give us plenty of time to decide whether or not to stay in the UK - thank you! Any idea if I can travel easily to the US in that time? I’m a stay at home mum so I won’t have a job to prove I’m planning to leave again (although my husband, he’s the US citizen, will).

[No-Where-Man 147]

7 hours ago, Allegra1986 said:

Oh that’s brilliant you have a full year, should give us plenty of time to decide whether or not to stay in the UK - thank you! Any idea if I can travel easily to the US in that time? I’m a stay at home mum so I won’t have a job to prove I’m planning to leave again (although my husband, he’s the US citizen, will).

A UK citizen can use the VWP to enter the US without the need for a visa as long as he/she has intentions to leave the country and does not over stay. However, that is a 50/50 chance depending basically on the officer's questions at the port of entry. If the officer to ask if there is a petition that was filed on behalf of the UK and the answer is YES, as it is here, he might be denied entry as this petition shows intention of immigration and staying in the country. If such a question was not mentioned, he/she has a higher chance of being admitted. 

Hope that helps.