How to Rescind K1 Cancellation Request

[Ezra Choi 0]

i filed K1 Visa Fiance in October 10, 2024. Me and my Fiance got in a big argument and i submitted through Online Inquiry to cancel the K1. We then talked and want to continue with the K1 Process. I sent another Inquiry to Rescind the Cancellation request. I was told since it wasnt sent via Written Message it wouldnt likely cancel anyways is this true? Does anyone have experience with this. 

[Boiler 45,993]

If you submitted a valid cancellation that is it, if not then no doubt that will raise questions 

[Ontarkie 14,431]

There is no undoing a request to cancel.

[TBoneTX 46,013]

You must now start all over.  Consider the CR-1 instead; it's a superior visa.

[Rocio0010 5,629]

Sorry, but you are starting over. 

With immigration you really need to pause, count up to a 1000 and then proceed with action. Especially if it's a cancellation.

[mitzab 295]

USCIS typically requires formal, written requests for significant actions like canceling a petition. Online inquiries are generally considered informal and are used to communicate questions or updates, not formal decisions or cancellations. If your cancellation request was submitted only as an online inquiry, it is unlikely to have been processed as an official cancellation. However, this is not guaranteed, as some cases may vary.
 

Since you have already sent another inquiry to rescind the cancellation, USCIS will likely disregard your initial request if it was informal. To avoid any confusion, you might consider following up with USCIS by submitting a written letter explaining the situation and confirming your intention to continue with the K-1 process. Be sure to include details such as your case number, petitioner and beneficiary names, and filing date.
 

It’s also essential to monitor the status of your K-1 visa application through the USCIS website using your receipt number or by contacting USCIS directly. If there is any indication that your petition has been canceled or marked for withdrawal, address it immediately by calling USCIS or seeking legal assistance.
 

If you are uncertain about the impact of your actions, consulting an immigration attorney may provide additional guidance. They can help ensure your case proceeds without further complications. By addressing the issue promptly and confirming your intent with USCIS, you can likely resolve the situation and keep your K-1 visa application active. Let me know if you need help drafting a formal letter or require further assistance.

But remember this is USCIS we are talking about. Noone really knows how they work

[JeanneAdil 6,610]

how did you phrase the cancellation request?

did u provide case number?

both names?

both DOB's?

[Crazy Cat 42,183]

13 minutes ago, mitzab said:

USCIS typically requires formal, written requests for significant actions like canceling a petition.

Yet, I have seen cases where emails were used for withdrawals.  I have also seen a case where the petitioner thought he reversed a withdrawal, but USCIS discovered it after the applicant arrived in the US.  That created a huge issue which resulted in a denied I-485 (if I remember correctly).  I would resubmit a new I-129f.

[mitzab 295]

16 minutes ago, Crazy Cat said:

Yet, I have seen cases where emails were used for withdrawals.  I have also seen a case where the petitioner thought he reversed a withdrawal, but USCIS discovered it after the applicant arrived in the US.  That created a huge issue which resulted in a denied I-485 (if I remember correctly).  I would resubmit a new I-129f.

I do not disagree with your assessment especially considering it was filed merely 2 months ago. It's a choice he can utilize. 

[Crazy Cat 42,183]

3 minutes ago, mitzab said:

I do not disagree with your assessment especially considering it was filed merely 2 months ago. It's a choice he can utilize. 

Yep.  It's a matter what level of risk is the OP willing to take, imho.