How to cancel a fiance visa if petitioner refuses to

[C&AH 104]

4 hours ago, TNJ17 said:

Only the petitioner can cancel it. Advice saying the beneficiary should write to USCIS is bad advice because she won’t be able to do anything. You can let it expire which will take some time and it may cause you problems with your new visa. Losing the K1 should be your priority but be aware that you will have a hard time proving this is a real relationship and that she’s not visa shopping for a free pass to the United States. 

Though not relevant to our case, this is an interesting topic. After some research, I learned that you are right. Only the petitioner can withdraw the petition. 

 

I'm not judging and hope to not come across that way but  one does wonder.  Before marriage, I might have offered to move to her country and live. Her willingness or unwillingness to go along with that decision would be telling. Again, I hope it works out for everyone involved. 

Edited July 21, 2018 by C&AH

[pushbrk 13,250]

7 hours ago, C&AH said:

I'm no expert so please take my opinion with a grain of salt. My thinking is that you might want to have in hand hard evidence that the I-129f was ACTIVELY canceled BEFORE filing your I-130 and take that document to the interview and be ready to present if (when) it comes up.

 

(Actively meaning that you just didn't sit on your laurels and let it expire). We must be proactive!

 

Call USCIS tomorrow and ask them how to cancel it and how to get documentation that it was canceled.

 

Making sure it is canceled before filing your I-130 might save you a denial

Take the above with a full shaker of salt. LOL.  First, a K1 visa has not been applied for, so there is nothing to "cancel".  A petition has been filed and it can only be "withdrawn" by the US Citizen who filed it.  If he chooses not to do so, there is nothing she can do to stop the petition from being approved.

 

That said, an "approved petition" opens the door for the K1 visa to be applied for.  This person will never apply for the visa.

 

The "active" action to stop the process that CAN be done is to simply notify USCIS at the time the I-130 is filed that the relationship with the filer of the I-129F has ended and no visa will be applied for.  If ever contacted by the Consular Immigrant Visa Unit ABOUT the K1 visa, tell them the same.

 

There is no need to guess or listen to guesses when other members who AREN'T "guessing" have already given the correct information.

[C&AH 104]

2 minutes ago, pushbrk said:

Take the above with a full shaker of salt. LOL.  First, a K1 visa has not been applied for, so there is nothing to "cancel".  A petition has been filed and it can only be "withdrawn" by the US Citizen who filed it.  If he chooses not to do so, there is nothing she can do to stop the petition from being approved.

 

That said, an "approved petition" opens the door for the K1 visa to be applied for.  This person will never apply for the visa.

 

The "active" action to stop the process that CAN be done is to simply notify USCIS at the time the I-130 is filed that the relationship with the filer of the I-129F has ended and no visa will be applied for.  If ever contacted by the Consular Immigrant Visa Unit ABOUT the K1 visa, tell them the same.

 

There is no need to guess or listen to guesses when other members who AREN'T "guessing" have already given the correct information.

Full shaker of salt. Good one.  Yes you are right. Again I'm no expert but a very careful person. 

Edited July 21, 2018 by C&AH