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Posted

Been putting this off a bit, but I need to take care of it. My fiance and I broke up a few months ago, but I got my NOA 2 some time ago. The case has progressed to where Canada is handling it (She's Canadian). What do I need to do? Send a letter requesting that it be withdrawn?

 

Thanks!

Posted

Contact the Montreal consulate to withdraw the I-129F, since they have it right now. Then send a copy of that request to USCIS.

It'll take a while (likely month/months?), but you'll eventually get a notice from USCIS that it was withdrawn.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

City: Nittany Lion Country Filed: K-1 Visa Country: Vietnam
Timeline
Posted
15 hours ago, geowrian said:

Contact the Montreal consulate to withdraw the I-129F, since they have it right now. Then send a copy of that request to USCIS.

It'll take a while (likely month/months?), but you'll eventually get a notice from USCIS that it was withdrawn.

You do not need to tell USCIS or DoS ANYTHING.

 

If you do, they will send you a 'lol wut' letter since there is nothing for them to do.

 

Email the consulate and ask them what they need from you to WITHDRAW the petition.  Some will do it with a email, some need a notarized statement.

 

Once the consulate has your withdrawal petition, they will close the case and send it back to DoS who will send it to USCIS who will see that the consulate closed the case based on petitioner withdrawing the request and will send you a nice letter stating this.

 

Mine took a little over 2 months (Nov till Feb - so there was a lot of down time due to the holidays). 

Country: Spain
Timeline
Posted

You will be talking to the Consulate of the US in Canada, probably via e-mail, asking for the petition to be withdrawn. Explain to them the circumstance, and they may say they need a letter sent to them formally, or maybe even the e-mail will work. Follow the direction of what they ask for.

 

I had to withdraw a petition for my now girl friend who I was engaged to about a year and a half ago (For religious reasons, that have very recently been resolved! Now we can resume the visa route again! This time CR-1 :) ), and it was emotionally very painful because we were at the end of the K-1 process. When you write the withdrawl request, include all the info they ask for (which from my experience was the NVS case number and the relative info about my girlfriend), and thank them for being cooperative in working with you.

 

Make sure that is what you want to do for sure. I had no choice in the decision at the time, I had to do so, but once you pull the trigger on it, it's over. If you wish to file another petition though, it won't be counted against you, so it's worth the time to straighten up that loose end.

Posted (edited)
11 hours ago, SmallTownPA said:

You do not need to tell USCIS or DoS ANYTHING.

 

If you do, they will send you a 'lol wut' letter since there is nothing for them to do.

I'm very confused by this.

There is no legal obligation to tell USCIS or DOS anything, although it is generally considered best to close it out. Either way, I never claimed that they need to do anything...?

 

Quote

Email the consulate and ask them what they need from you to WITHDRAW the petition.  Some will do it with a email, some need a notarized statement.

 

Once the consulate has your withdrawal petition, they will close the case and send it back to DoS who will send it to USCIS who will see that the consulate closed the case based on petitioner withdrawing the request and will send you a nice letter stating this.

The process above is exactly what I suggested.

I think you are confusing DoS/consulate/NVC. The consulate is part of the DoS. They will send the petition back to NVC upon receiving the withdrawal request. NVC is also part of DoS. NVC will then send it back to USCIS.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

To withdraw a petition, you send a signed written statement requesting that the petition be withdrawn and explaining the reason to the NVC. When writing, include as much of the details as the reason why you are requesting the removal of the petition. Be sure to include any Receipt Numbers, Alien Number, or case numbers to help in the location of your record.

 

NVC has your case file info in the SAFEFILE system. When you do your "next" K-1, it may look suspicious that you are "dumping one" for another. Your case file will hit the IV Unit, and the SAFEFILE version is also reviewed during your "next" K-1 interview. These are all "red" flags so walk cautiously and be sure to discuss this completely with your new GF. She WILL BE asked at her interview. If she is not confident, this could go "south" fast and end up denied and at that point your pretty much "dead in the water."

 

Once you receive notification that your case has been withdrawn, you need to ensure that NVC has annotated SAFEFILE so, call NVC and get a supervisor, request that they review your SAFEFILE to determine if the I-129F has been withdrawn. If not, ask them to make an annotation in the SAFEFILE version that the petitioner has withdrawn the petition. That way it ensures that USEM Manila IV will see that annotation.

 

It's also recommended to email the IV unit at your embassy, requesting that the I-129F petition be withdrawn. It's recommend that you do this the same time you are corresponding to the NVC.

 

Any returned correspondence you receive, be sure to make copies and keep in a safe place as you will need it during the processing of your GF. I always digitize my documents and drop them into google drive so I can access them anywhere in the world I am and at any time.

 

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

 
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