K1 withdawal

[Anna D 1]

Hello everyone,  my ex boyfriend and I processed the K1 petition last December 28, 2017and received by US embassy last january,  now we broke up and asked him to cancel the visa but he is not being responsive, I  do not wish to be with this guy who is mentally abuser and he is not ready to accept my culture, and I tried to broke up with him many times but he is threatening me and telling he will kill himself if I do that,  now I tried to email the USCIS To withdraw the petition but i haven't got any response yet, we know that not all relationship works, 

Now I have this guy that I have been talking with and wish to apply K1 visa,  would it be affect on our process since my ex boyfriend applied bfore and I  withdraw it, 

 

Or do we have to wait months bfore applying again?  We are planning to apply  fiancé visa this coming September 2018 ,would it be long enough to process new petition?

Edited February 28, 2018 by 4236
Wrong spelling

[Going through 5,669]

Are you the USC or the foreigner?  Was not sure by your post.

Withdrawing the first petition won't have an effect on the second one.....just make sure the first one is actually withdrawn first before applying for the second.

[Anna D 1]

I am the beneficiary... 

[AL-MJD 144]

I will first like to say I am sorry that you are in this predicament but I am so very happy that you are able to see sense and break up with this guy. Never talk to him again. There is no excuse for him to treat you badly.

 

Let me just explain how the process works so that my advice makes a little more sense. The US citizen (petitioner) can petition for a K1 Visa for you (beneficiary). The petition will go to USCIS for background checks until approval. As long as it is with USCIS, it really is the petitioner's responsibility. When the petition is approved and forwarded to NVC, it becomes the beneficiary's responsibility.

 

You should not be able to withdraw from this old-K1 Visa that your ex-boyfriend applied for because you are not the petitioner. However, not appearing for the beneficiary interview in the end will mean you forfeit his petition and that should be sufficient. Alternatively, when NVC forwards your case to the US consulate in your resident country, you can call the consulate to request for withdrawal. You will need a number NVC gives to your case for this. This depends on individual consulates. Some do it, some don't. If yours do not, you should just skip the interview. 

 

I believe if your ex-fiancé petitioned in December, you both should receive a reply by September this year. I am not sure whether your new fiancé can petition for you while there is a pending petition with your name. I believe it would show up in the background checks and automatically be rejected which we do not want to happen. Your best bet is to hope that by September this year, you would already have withdrawn from your pending case.

 

Other VJers, I'm sure, have better advice.

 

Cheers and good luck! xx

Edited February 28, 2018 by AL-MJD

[Chris Duffy 1,257]

Call or email USCIS and they will give you instructions on what to do.  Let them know you are the beneficiary.