K1 Termination of status (merged)

[bamse 15]

Hello all,

 

We just received a status update that our 129F (applied in November 2019) has been terminated. In March we received notice that the petition was approved and being sent to the NVC. Then in September it was sent back to USCIS. 
 

Due to COVID our plans changed unexpectedly and we were married in May. We submitted the spousal application in June to adjust status as a concurrent filling and that is being processed now (receipts, RFE received). 

 

Does anyone know, was this terminated because it expired or because we were now filling as married?
 

Was it a mistake to not withdraw the 129F? Will this be viewed as a denial and need to be declared the next time we travel?
 

Thank you in advance for sharing your insight and experiences. 

EMAIL NOTICE:
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision. 

 

On September 30, 2020, we mailed you a notice for Receipt Number ABC, terminating your status. The notice explains the reasons for our action. Please follow the instructions in the notice. If you do not receive your notice by October 30, 2020, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

Edited October 1, 2020 by Penguin_ie
Typo

[bamse 15]

Hello all,

 

We just received a status update that our 129F (applied in November 2019) has been terminated. In March we received notice that the petition was approved and being sent to the NVC. Then in September it was sent back to USCIS. 
 

Due to COVID our plans changed unexpectedly and we were married in May. We submitted the spousal application in June to adjust status as a concurrent filling and that is being processed now (receipts, RFEreceived). 

 

Does anyone know, was this terminated because it expired or because we were now filling as married? 
 

Was it a mistake to not withdraw the 129F? Will this be viewed as a denial and need to be declared the next time we travel?
 

Thank you in advance for sharing your insight and experiences. 

EMAIL NOTICE:
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision. 

 

On September 30, 2020, we mailed you a notice for Receipt Number ABC, terminating your status. The notice explains the reasons for our action. Please follow the instructions in the notice. If you do not receive your notice by October 30, 2020, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, goto www.uscis.gov/addresschange to give us your new mailing address.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

[Chancy 6,241]

4 hours ago, GAD505 said:

Due to COVID our plans changed unexpectedly and we were married in May. We submitted the spousal application in June to adjust status as a concurrent filling and that is being processed now (receipts, RFEreceived). 

 

If you filed for AOS, then this wouldn't be a spousal visa case.  I'll ask mods to move your post.

 

4 hours ago, GAD505 said:

Was it a mistake to not withdraw the 129F? Will this be viewed as a denial and need to be declared the next time we travel?

 

If you already married, it would have been appropriate to withdraw the K1 petition.  If the approved petition never reached the consulate and your spouse never submitted a visa application form, then there was no visa denial.  You only have a terminated petition.

 

[bamse 15]

51 minutes ago, Chancy said:

 

If you already married, it would have been appropriate to withdraw the K1 petition.  If the approved petition never reached the consulate and your spouse never submitted a visa application form, then there was no visa denial.  You only have a terminated petition.

 

@Chancy Thank you. So a termination is different from a denial, correct? It seems it was stopped at the NVC when embassies were closed and sent back to USCIS.
 

My husband signed the visa application in December but did not pay the fee - does that count towards “denial” status? 
 

Very anxious to see the details (if any) of this letter from USCIS....

[Chancy 6,241]

16 minutes ago, GAD505 said:

So a termination is different from a denial, correct?

 

You'll have to see what exactly the letter from USCIS says.  In any case, it will refer only to the petition, not the visa.  USCIS does not handle visa processing.

 

22 minutes ago, GAD505 said:

My husband signed the visa application in December but did not pay the fee - does that count towards “denial” status?

 

If the fee was not paid and no interview was scheduled, then there was no visa application and no visa denial.

 

[bamse 15]

3 minutes ago, Chancy said:

 

You'll have to see what exactly the letter from USCIS says.  In any case, it will refer only to the petition, not the visa.  USCIS does not handle visa processing.

 

 

If the fee was not paid and no interview was scheduled, then there was no visa application and no visa denial.

 

@Chancy thank you for your answers. 

 

I’m wondering now - Do travelers need to report petition terminations on border control/immigration documents?

[Chancy 6,241]

4 minutes ago, GAD505 said:

I’m wondering now - Do travelers need to report petition terminations on border control/immigration documents?

 

Only if asked.  But if border control or consul officers ever ask, usually they only care about pending petitions.  As for USCIS, you were asked about it in the I-130 form, right?  So if you ever need to file another petition with USCIS, say for other relatives, you'll have to provide info about that I-129F.

 

[Ontarkie 14,218]

~~Moved to AOS from Work, Student and Tourist Visas, form K1 P&P - as the OP is now doing AOS~~

[bamse 15]

3 hours ago, Chancy said:

 

Only if asked.  But if border control or consul officers ever ask, usually they only care about pending petitions.  As for USCIS, you were asked about it in the I-130 form, right?  So if you ever need to file another petition with USCIS, say for other relatives, you'll have to provide info about that I-129F.

 

Got it thank you