Do I have to withdraw my I-129F after I submit my I-130?

[ghanighani 6]

Hello all,

 

Filed an I129F back in October 2022. However, got married in the US while fiance was visiting in December 2022. He returned home back to Poland on Jan 1 and is there now, and I'm in the US. Us eloping voided our I-129F petition as we are now married and not engaged. I am getting ready to submit our I-130 this week. 

 

My question is, do I have to contact USCIS to withdraw the K1 visa, or is it automatically withdrawn by me submitting an I-130? I have no idea how they organize that stuff. If I am going to withdraw it, how do I do it? Send them a letter? I am submitting my CR1 visa online, if that's helpful. Thanks for the advice. 

[Chancy 6,241]

35 minutes ago, ghanighani said:

do I have to contact USCIS to withdraw the K1 visa, or is it automatically withdrawn by me submitting an I-130?

 

The I-129F will not be automatically withdrawn, but it would be denied if/when USCIS figures out you are married.  It is not required that you withdraw the I-129F, but it would help USCIS and other petitioners if you do.  Upload your I-129F withdrawal letter to the additional documents section of the I-130 online form.  Same section where you upload the bona fide relationship evidence.  In your withdrawal letter, make sure to list the I-129F receipt number.  It may take USCIS a while to reflect the petition withdrawal in their system, so don't be surprised if you get an approval notice for the I-129F even after submitting the I-130 with your withdrawal letter.

 

[ghanighani 6]

Thanks. That's one thing I was thinking about, how to keep the time my petition would suck up from being dead space in the very long line. 

[pushbrk 12,877]

1 hour ago, ghanighani said:

Hello all,

 

Filed an I129F back in October 2022. However, got married in the US while fiance was visiting in December 2022. He returned home back to Poland on Jan 1 and is there now, and I'm in the US. Us eloping voided our I-129F petition as we are now married and not engaged. I am getting ready to submit our I-130 this week. 

 

My question is, do I have to contact USCIS to withdraw the K1 visa, or is it automatically withdrawn by me submitting an I-130? I have no idea how they organize that stuff. If I am going to withdraw it, how do I do it? Send them a letter? I am submitting my CR1 visa online, if that's helpful. Thanks for the advice. 

Just include a withdrawal letter with your I-130 filing.