Cancelling the K1 VISA

[Rixxyccfc 0]

Hi there,

We are cancelling our petition of the K1 VISA. No problems with our relationship, our situation is just that getting married right now is just not feasible in our current situation and we have chosen that she and our son will apply for a settlement visa in england.

However i am due to fly from Manchester to America in a few weeks on the VISA waiver programme and planning to stay for the full 90 day allowence.

I have a few concerns that cancelling the petition so close to my travelling will cause problems at customs, also the length of my stay. I do have proof that i will be returning to study and work in England. Is it wise to cancel now or should i leave it untill i return home?

[TracyTN 237]

I'd go ahead and cancel it. You don't have a timeline so I'm not sure where you are in the process to tell you how to cancel it.

As for using the VWP - as long as you have proof of ties to home, you should be ok at POE (although the officer has the final say on your entry, of course). The status of the petition should not matter at that point, though if it is cancelled and the POE officer can see that, it should lessen the chance that he/she will think you have immigrant intent upon entry. So it may actually help you in that sense.

[Rixxyccfc 0]

Thanks for that. our timeline is that i recieved approval to start the K1 VISA process on october 12 2006. I recieved the pack but have'nt filled in our sent it off and have had no contact with the embassy since

[TracyTN 237]

Have you tried emailing them? LondonConsular@state.gov

Put your case no. in the title of the email, and also that you want to cancel the case. You'll probably get an automated reply saying its been deleted without being read, but that's something they started doing around the time of the July 7th bombings. You may still get a reply from them.

[Rixxyccfc 0]

Really? There seesm little point in me sending them an e-mail if they are going to delete it without reading?

[TracyTN 237]

No, what I'm saying is that is the 'standard' reply, but they still do reply to emails. Not with the frequency that they used to, unfortunately.

[payxibka 10,045]

Isn't the approved petition already expired? The NOA2 would have had a 4 month validity period and that is long passed.

[Rixxyccfc 0]

Ahhh so i need take no action? however looking through the forms my "application for immigrant visa and alien registration" has an expiry date of 07/31/2007

[payxibka 10,045]

Ahhh so i need take no action? however looking through the forms my "application for immigrant visa and alien registration" has an expiry date of 07/31/2007

The consulate sent out blank forms for you to fill out in your packet. If you are speaking of the DS-230 that appears to be the expiry of the form not your petition.

[TracyTN 237]

The NOA2 on your petition has an expiry date of 4 months past its approval. What fwaguy is saying is that you've not 'asked' to proceed with that petition because you didn't fill out the forms they sent and returned them.

Personally I would still contact them and make sure they know to cancel it in the event you ever want to do another US visa again.

[payxibka 10,045]

The NOA2 on your petition has an expiry date of 4 months past its approval. What fwaguy is saying is that you've not 'asked' to proceed with that petition because you didn't fill out the forms they sent and returned them.

Personally I would still contact them and make sure they know to cancel it in the event you ever want to do another US visa again.

Proper ettiquette might be to formally request termination (which I think is what the OP is wanting to do), but do you really think it will have an effect on any future petition filings?

[TracyTN 237]

The NOA2 on your petition has an expiry date of 4 months past its approval. What fwaguy is saying is that you've not 'asked' to proceed with that petition because you didn't fill out the forms they sent and returned them.

Personally I would still contact them and make sure they know to cancel it in the event you ever want to do another US visa again.

Proper ettiquette might be to formally request termination (which I think is what the OP is wanting to do), but do you really think it will have an effect on any future petition filings?

I'm thinking of a particular example that I've seen here before. May take me some time to dig up the link, though.

[Rixxyccfc 0]

No, what I'm saying is that is the 'standard' reply, but they still do reply to emails. Not with the frequency that they used to, unfortunately.

I just got the respocne that you said i would. Is it likely i will get a reply? i headed the e-mail with my case number and included a request for cancellation in the message title. I'd be more at ease about travelling next month knowing that they knew i attempted to contact them with regards to cancelling.

[TracyTN 237]

No, what I'm saying is that is the 'standard' reply, but they still do reply to emails. Not with the frequency that they used to, unfortunately.

I just got the respocne that you said i would. Is it likely i will get a reply? i headed the e-mail with my case number and included a request for cancellation in the message title. I'd be more at ease about travelling next month knowing that they knew i attempted to contact them with regards to cancelling.

Its a ####### shoot, really, as to whether or not you'll get a reply.

fwaguy and Rixxy - read the third post in this link. I think fwaguy is spot on (I must have been thinking of another set of circumstances where a non cancelled petition effected a later one).

http://www.visajourney.com/forums/lofivers...php/t71744.html

[payxibka 10,045]

Its a ####### shoot, really, as to whether or not you'll get a reply.

fwaguy and Rixxy - read the third post in this link. I think fwaguy is spot on (I must have been thinking of another set of circumstances where a non cancelled petition effected a later one).

http://www.visajourney.com/forums/lofivers...php/t71744.html

Spot on... damm, for once in my life...