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SmallTownPA

Withdrawal letter for K1 returned to me

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City: Nittany Lion Country Filed: K-1 Visa Country: Vietnam
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So I sent in a letter to the address on my NOA1 (also to DoS and Consulate).

 

USCIS sent me back my original letter with a link to a web site that is completely useless to my request.

 

So the consulate is sending my I-129F back (they got my letter to withdraw) but it seems USCIS just sent it back?

 

Any ideas???

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Filed: AOS (apr) Country: Philippines
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11 minutes ago, SmallTownPA said:

So I sent in a letter to the address on my NOA1 (also to DoS and Consulate).

 

USCIS sent me back my original letter with a link to a web site that is completely useless to my request.

 

So the consulate is sending my I-129F back (they got my letter to withdraw) but it seems USCIS just sent it back?

 

Any ideas???

Sent what back?  If the consulate is sending your petition back,  you have accomplished your mission 

Edited by payxibka

YMMV

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City: Nittany Lion Country Filed: K-1 Visa Country: Vietnam
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18 hours ago, payxibka said:

Sent what back?  If the consulate is sending your petition back,  you have accomplished your mission 

"USCIS sent me back my original letter "

 

Is that not clear?

 

Most of the posts on this site have recommended sending a copy of the withdrawal letter to USCIS/DoS even though the I-219F is at the consulate.

 

I have not found any definitive information on what the process is for withdrawal.  

 

There is this: 

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3047.html

 

But when the I-129F is at the Consulate its a DoS matter, not USCIS.  

 

https://fam.state.gov/FAM/09FAM/09FAM050207.html#M502_7_3_C_5

 

(b)  Validity of a K-1 Petition:  An approved K-1 visa petition is valid for a period of four months from the date of USCIS action.  However, the consular officer may revalidate the petition any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States.  However, the longer the period of time since the filing of the petition, the greater the concern about the intentions of the couple, particularly the intentions of the petitioner in the United States.  If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, including instances where no action has been taken on the application for a year (while refused under INA 221(g)), the petition should be returned to the approving office of USCIS with an explanatory memorandum.  (See 9 FAM 502.7-3(B) paragraph d(5))  below for revalidation procedure.)

 

I would assume that abandoning the petition is the worst way to go, as the Consulate would most like renew the petition at least once, or more, before sending it back.

 

No one really talks about the withdrawal process.

 

But from my experience, sending a notice to USCIS or DoS is meaningless.  The only entity that can return the case is the Consulate, at your request, or after a random period of time, it expires.

 

 

 

 

Edited by SmallTownPA
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Filed: AOS (apr) Country: Philippines
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What did you expect after deploying the "shotgun" approach?  That approach typically results in one "hit" and the rest fail.  Exactly what happened.   

 

YMMV

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Filed: Citizen (apr) Country: Brazil
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19 hours ago, SmallTownPA said:

So I sent in a letter to the address on my NOA1 (also to DoS and Consulate).

 

USCIS sent me back my original letter with a link to a web site that is completely useless to my request.

 

So the consulate is sending my I-129F back (they got my letter to withdraw) but it seems USCIS just sent it back?

 

Any ideas???

Why did you withdraw the I-129F?  Didn't you just file it a few weeks ago?  Sorry to hear that the relationship didn't work out...

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Filed: AOS (apr) Country: Canada
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why did you withdraw and what address did you send it to? I'd have to look at ours but I sent to uscis and the consulate, since it had already been received there. i received a confirmation from uscis.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Filed: IR-1/CR-1 Visa Country: Mexico
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On 11/10/2019 at 12:58 PM, debbiedoo said:

why did you withdraw and what address did you send it to? I'd have to look at ours but I sent to uscis and the consulate, since it had already been received there. i received a confirmation from uscis.

Sorry to butt in on this thread but I posted a very similar question on another thread that I started but I did not get a definitive answer.  Our K1 was denied at the USCIS stage.  We never received a NOA2.  We are planning to go the I—130 route and as I understand it, I should send a withdrawal letter for my denied I-129F.  Does anyone have a suggested format for a withdrawal letter and since we got denied early on, where do I send it?  The address in Texas where we sent the original petition?

 

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

Attn: I-129F

2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067

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Filed: AOS (apr) Country: Philippines
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11 minutes ago, JAC&MEH said:

Sorry to butt in on this thread but I posted a very similar question on another thread that I started but I did not get a definitive answer.  Our K1 was denied at the USCIS stage.  We never received a NOA2.  We are planning to go the I—130 route and as I understand it, I should send a withdrawal letter for my denied I-129F.  Does anyone have a suggested format for a withdrawal letter and since we got denied early on, where do I send it?  The address in Texas where we sent the original petition?

 

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

Attn: I-129F

2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067

No.  It needs to go to the service center in California where the petition was assigned 

YMMV

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Filed: K-1 Visa Country: Philippines
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8 minutes ago, JAC&MEH said:

Sorry to butt in on this thread but I posted a very similar question on another thread that I started but I did not get a definitive answer.  Our K1 was denied at the USCIS stage.  We never received a NOA2.  We are planning to go the I—130 route and as I understand it, I should send a withdrawal letter for my denied I-129F.  Does anyone have a suggested format for a withdrawal letter and since we got denied early on, where do I send it?  The address in Texas where we sent the original petition?

 

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

Attn: I-129F

2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067

I would send it to the address on the NOA1. I corresponded with them successfully using that address.

Simple format, to the point. 
To whom it may concern ,

 I am sending this letter to withdraw my I-129F petition. My NOA1 receipt number is ...

No details about why are required. Also of course include your name,address etc

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Filed: IR-1/CR-1 Visa Country: Mexico
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17 minutes ago, Russ&MaryAnn said:

I would send it to the address on the NOA1. I corresponded with them successfully using that address.

Simple format, to the point. 
To whom it may concern ,

 I am sending this letter to withdraw my I-129F petition. My NOA1 receipt number is ...

No details about why are required. Also of course include your name,address etc

So could you help me understand what’s the point in withdrawing a petition that they have already denied at the USCIS stage?

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Filed: AOS (apr) Country: Philippines
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2 minutes ago, JAC&MEH said:

So could you help me understand what’s the point in withdrawing a petition that they have already denied at the USCIS stage?

If you have definitive proof of that,  I would agree.   Sending anything would be nothing more than CYA

YMMV

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Filed: AOS (apr) Country: Canada
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50 minutes ago, JAC&MEH said:

Sorry to butt in on this thread but I posted a very similar question on another thread that I started but I did not get a definitive answer.  Our K1 was denied at the USCIS stage.  We never received a NOA2.  We are planning to go the I—130 route and as I understand it, I should send a withdrawal letter for my denied I-129F.  Does anyone have a suggested format for a withdrawal letter and since we got denied early on, where do I send it?  The address in Texas where we sent the original petition?

 

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

Attn: I-129F

2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067

If it was denied, I see no reason to send a withdrawal letter

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Filed: K-1 Visa Country: Philippines
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1 hour ago, JAC&MEH said:

So could you help me understand what’s the point in withdrawing a petition that they have already denied at the USCIS stage?

I would guess probably none except as a common courtesy. It won’t hurt and isn’t difficult to do. The letter doesn’t need to be trackable or anything 

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