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2
Oct

I-129F Fiance visa case – Proper steps to Cancel or Withdraw petition

Cancel or withdraw I-129F or Fiance K-1 Visa

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Very rarely do I get emails like the one below… where someone reaches out and asks how to cancel or withdraw their I-129F petition or fiance visa process.

.my readers ask how to cancel their fiance visa petition for withdrawal

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And it’s rare because most of us spend a lot of time courting our partners before taking the big step to get married… so it’s kind of odd to hear someone ask about stopping the process. But, reasons for withdrawing are usually one of these two…

  • ▬ Reason # 1 – Break up of relationship (most common)
  • ▬ Reason # 2 – they got tired of waiting and just got married

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So, if you also get to this point, question becomes “How do I withdraw my I-129F?”

And … “do we have to withdraw? Or can we abandon it to expire?”

In general, paths to withdraw or cancel your Fiance visa case are:

  • ▷ Send a letter to the government asking them to terminate your case
  • ▷ Abandon your case, after which, it expires on it’s own

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We’ll discuss the proper steps to cancel or withdraw your I-129F or Fiance Visa.

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Procedure for canceling or withdrawing I-129F with USCIS

Imagine you put together a nice I-129F packet and sent it to the USCIS. What if, like the email you saw above, you decide to stop the process from going any further? What are the correct steps to cancel your fiance visa petition?

Well, according to the USCIS, the petitioner may withdraw the petition at any time in writing. You may also abandon it and let it expire (we’ll discuss this in detail below).

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the USCIS adjudicator's manual discusses the steps for applicants to withdraw their petitions

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To start the withdrawal request:
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Step 1 – Determine which USCIS Service Center has your case

Figure out which USCIS service center has jurisdiction over your case. Look at your I-797c receipt letter. Identify which service center it is, and what their address is. Use this address to mail a letter.

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Step 2 – Write & send your I-129F withdrawal letter

Draft a letter on a regular sheet of paper and include the following details:

  • ❒ Name, Contact information, Date of birth
  • ❒ A-number (if any)
  • ❒ USCIS Receipt #
  • ❒ A photocopy of your identification
  • ❒ A copy of your receipt letter I-797c
  • ❒ Ask for confirmation that your case has been terminated

a sample letter of canceling the i-129F sent to the USCIS.

I-129f withdrawal letter downloadable pdf

Mail this letter to the USCIS service center at the address written on the I-797c. 

There’s no requirement to justify why you’re canceling your petition. The USCIS doesn’t need to know all of that. Nonetheless, I do recommend you write one or two sentences to briefly describe why you made this decision.

You’re also not required to notarize this letter. However, the USCIS may ask for it later on based on their discretion.

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Step 3 – What happens after you send the letter

The USCIS is obliged to terminate your petition and send you a notice. You should get a confirmation letter in about 2-8 weeks depending on the USCIS backlog.

According to the USCIS policy manual, any petition that is withdrawn cannot be denied.

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Step 4 – What happens after the case has been canceled

After your I-129F is canceled, your foreign fiance will not get a visa using your petition. Your process will terminate. And you will not get a refund for the I-129F fee. Your paperwork may be returned to you, however, I doubt that normally happens.

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Canceling your I-129F Fiance visa case with the NVC

Let’s look at the next scenario. Let’s say you’ve already been approved by the USCIS and during the NVC processing phase, you decide to cancel…

The steps are identical to before — contact the NVC and request the withdrawal.
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  • Steps 1- Contact the NVC
  • .
    Contact the NVC
    using their contact page, phone, or email.
    .
  • Step 2 – Send withdrawal letter
  • .
    Follow their instructions. As an example, the
    Cuban US Embassy explains how to cancel your fiance visa petition if the case is making its way through the NVC.
    .
    the US Embassy in Havana discusses how to halt the procedures with the NVC during I-129F processing.
    You’ll probably need to email a scanned signed letter or perhaps a physical letter depending on what response you get.
    .
  • Step 3 – Get confirmation of cancellation
  • .
    Get notification that your I-129F has been terminated by the NVC.

    .

One final important note: at this point you can also abandon your I-129F fiance visa petition. Meaning, you don’t have to go out of your way to write a withdrawal letter. If you decide not to do anything on your own, the I-129F validity runs out in 4 months on its own. After which your case will be deemed unresponsive and expired.

Nonetheless, the US consulate will try to contact you as a courtesy to ask if you intend to continue. You can respond that you wish to withdraw.
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So, in summary, to withdraw your petition with the NVC, you can either…

  • □ Withdraw your case in writing
  • □ Abandon your case (do nothing further) and let it expire

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Canceling or withdrawing K-1 visa application with US Consulate

Let’s look at the next scenario — where you’re at the consulate phase (i.e. us embassy interview) and you decide not to continue further. You have to get in touch with the US consulate and ask them to cancel your visa process.

  • Step 1 – Determine which US consulate / Embassy has your case
  • .
    Check your approval letter from the NVC or online at the CEAC website to determine which consulate has jurisdiction over your I-129F.
    .
  • Step 2 – Check their website for instructions (if any)
  • .
    Most embassies don’t have a dedicated section where they explain how to withdraw a petition. Normally, they want you to email them a request for information. After which, they’ll respond back with instructions on how to withdraw. But in general, the instructions are the same (as we’ll see below).
    .
  • Step 3 – Submit a withdrawal request
  • .
    Consulates usually have similar procedures: they want you to send a notarized withdrawal statement. Here’s an example from the
    Sudanese US Embassy:
    .
    Submit a notarized letter to their office either by mail or email. Have the following details of the US petitioner:
    .
    The US Embassy in Sudan instructions on how to withdraw your fiance visa petition
    .

    • ▝ Name, Case Number, type of petition (I-129F)
    • ▝ Brief reason for withdrawal
    • ▝ Sometimes they even ask for proof that you’re the petitioner by submitting a copy of your US passport biographic page
    • ▝ Signed letter (you can use the template from above)
      .
  • Step 4 – Get confirmation
  • .
    Receive confirmation from the Department of State that it’s been terminated.
    .
  • Alternative step – abandon case
  • .
    You can also abandon your case. If left abandoned, it will automatically expire after 1 year. The US Consulate will try to reach out and ask if you intend to apply for a K-1 or K-2 visa. To which you can respond back that you’re abandoning your case.
    (INA 9 FAM 502.7-3(C)(2))
    .

Also note that you will not get your fees back. The MRV fee, medical exam fee, police clearance, etc. anything you’ve paid so far, will not be refunded.

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Canceling or withdrawing after K-1 or K-2 visa approval

Let’s look at the final scenario — if you two went through the interview, got approved, but now you decide you don’t want to be together. How does it work after a visa has already been stamped in your passport?

Well, after a K-1 or K-2 visa is approved, you cannot withdraw a petition because the petition becomes irrelevant. Your K-1 or K-2 visa will be valid for up to 6 months. 

It’s up to you to either use the visa or let it expire. And if you don’t use the visa, then you won’t get your fee refunded.

But, if your foreign fiance has already entered the US with a K-1 visa, and you decide not to go through marriage, then there’s nothing to withdraw or cancel at this point. 

You can simply choose not to marry and the K visa will expire within 6 months.

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My fiance and I decided to marry instead of waiting for a K visa… Do we still have to withdraw our I-129F petition?

Here’s somewhat of a common issue — some of us get tired of waiting for the fiance visa and want to get married instead. There’s a bunch of different reasons why this happens… for example, Timothy just couldn’t “wait for the USCIS letter” any longer…

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one of my fiance visa couples ask if it'll be a problem for their future to withdraw a petition

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How would he withdraw his petition? Would it “complicate things”?

Well, the proper procedure depends on WHEN you want to apply for a spousal CR-1/IR-1 visa (using form I-130). 

  • ❒ If you want to immediately apply for a marriage-based visa, then yes, you should withdraw your I-129F petition (see instructions below).
    .
  • ❒ If you don’t want to immediately apply for a spousal visa
    • ▝ (1) withdraw your petition, or 
    • ▝ (2) allow the I-129F to expire — if that falls within your desired timeline

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If you choose to actively withdraw, follow the steps from above

  • □ Contact the USCIS, NVC, or US Embassy and submit a letter withdrawing your I-129F… simply tell them you’re getting married instead.
  • □ Use the same template and letter structure as we’ve discussed earlier. Get a confirmation that they’ve received your withdrawal request.

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Keep in mind that time is a big factor here. For instance, what if you abandoned an I-129F petition several years ago, and now want to get married? Do you still withdraw your previous expired petition from years ago?

Well, that depends on how long ago you did the fiance visa process. If it was more than 1 year ago then most likely, the petition is already expired. If it was less than 1 year ago, then the petition may still be valid, in which case, you’ll have to withdraw your petition from the USCIS before proceeding with the spousal visa.

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Does canceling my I-129F petition affect anything in the future? any problems if I withdraw?

Just like how Timothy asked if his withdrawal will “complicate things”, we’re also curious if there are going to be any problems in the future if we withdraw. How does canceling a K-1 visa affect other visas, such as tourist / visitor?

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some couples have complicated stories

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Well, there’s no real “problem”. Withdrawing simply means you’re taking back the request for an immigration benefit. However, there’s a few things to be clear about:

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  • Does it make me a multiple filer?
  • .
    Anyone who’s filed and has gotten an I-129F approved within the last 2 years OR has two or more previous filings in a lifetime, is considered a multiple filer.
    .
    If you ARE an
    I-129F multiple filer, you can read about the topic in detail. You will have a few extra responsibilities such as requesting a waiver. Again, read the full details on how this works in my other article.
    .
  • Is this a “Red flag” for my future?
  • .
    To me, withdrawing your fiance visa case isn’t much of a
    red flag. As long as you’ve got justification for why it happened (such as your relationship ended) then it’s not a problem for future visa petitions.
    .
    But, I can see an argument against it. Every case is unique and some facts could be considered suspicious by the Consulate if you withdraw. That’s on a case-by-case basis.
    .
  • Will they consider it Visa fraud?
  • .
    Very rarely can it be seen as a desperate attempt to cover up some kind of visa fraud or violation (where you withdraw your case fearing being caught in marriage fraud). This happens rarely.

    .
    There’s a famous landmark case which dealt with this:
    Matter of Laureano, 19 I&N Dec. 1 (BIA 1983). In general, I wouldn’t be too worried regarding withdrawing a fiance visa case and whether it adversely affects any current or future visas. But of course, it’s always a possibility to be investigated for such things.

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If you decide to cancel your fiance visa case

So let’s wrap up the discussion. You can follow a few simple steps to withdraw your application with the government.

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  1.  With the USCIS, the petitioner withdraws by writing to them.
    .
  2.  With the NVC, the petitioner and beneficiary may cancel the application either by writing or simply abandoning the process (and letting the approval expire).
    .
  3.  With the US Embassy (Department of State) you can withdraw by writing to them or abandoning your case.

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If you’d like to read more about it, you can read the complete the USCIS’s withdrawal literature (although it doesn’t quite apply to the fiance visa).

You can use my template to draft the letter and ask for a withdrawal. And before you go, I’ve got a question for you…

.

Did you go through a petition withdrawal? Why? How was the experience?

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  • Tagged: I-129f petition, NVC, Steps and Procedures, US Embassy, USCIS
  • 16

There are 16 comments so far

  • Paul
    6 months ago · Reply

    Dear,

    I Have two situations:
    1) I submitted a K1 visa and before approval, my fiancée asked me to withdraw her application because she got promotion at her job. We terminated our relation and I sent a letter to USCIS. The case was withdrew and I received the withdrawal letter from USCIS.
    2) I submitted another K1 visa application and before approval,. I noticed that it was a scam. I sent a letter to USCIS. The case was withdrew and I received the withdrawal letter from USCIS.
    I have a multiple case waiver letter to USCIS but I do not receive any response.
    Question: Can I apply for another K1?
    Sincerely
    Paul

  • Marina
    11 months ago · Reply

    Hi – if we have the petition approved and just let everything expire (in other words, don’t do anything) – will it affect the foreigner’s tourist visa? Will he still be able to enter as a tourist if they have a petition on file for him?

    Thanks!!!

  • Dalal
    1 year ago · Reply

    so what can I do after my fiancé get approved and comes to the US then he disappear. now it is past 90 days

    I don’t want to be in trouble

  • Carolina Hernandez
    1 year ago · Reply

    We applied for FI129 got approved went on to K1 and officer gave him a denial letter with request to produce additional evidence. It showed on website as denied but as of today it is still under consular processing, unsure if it got denied or not and tired of waiting for final result we got married in his country. Question 1: Do I need to file a waiver if now I want to file a spouse petition I130 or do I just send them a letter of withdrawal. Question 2: Do I have to wait for a response prior to filing my petition I-130?

  • Catherine
    1 year ago · Reply

    Hi i cancelled my petition for my fiance cause had a misunderstanding the petition was withdrawn now i want to send a new petition but i dont know if i should send a i29f or get married which one is faster for him to come to the united states i am a citizen or just file a new i29f but im scared it will get denied whats the best choice help thanks

  • Eddy
    1 year ago · Reply

    Hello sir,
    My story goes like this….at the stage of the embassy, my fiance cancelled the visa due to a little misunderstanding between us but regretted it immediately and wrote back to the embassy to continue but unfortunately embassy still denied the visa and returned case back to the US.

    We both decided to get married and filled for CR1 Visa which we just got approved, at the NVC stage now.

    My question is that how our previous k1 visa cancellation would not affect my CR1 interview. I am so worried.
    Thank you.

  • Juan
    2 years ago · Reply

    My K1 application has come to the last stage and is with US Consulate now. However, due to the suspension of routine visa services, there is no end in sight when I can reunite with my fiancé and get married. I’m attending a US school this fall and do have a need to travel to the US. Since students visas are being processed in Europe now, can I drop my K1 and switch to F1 instead? Can we just say that we decide not to get married? How long after I drop my K1 will be fine to apply for a F1? The horror is I don’t think K1 will be resumed the end of this year, and I cannot stand taking remote classes for a whole year.

  • Joy
    2 years ago · Reply

    Hi. I have a question. So we have been waiting for the approval but then we decided to get married because I’m in the states with J1 visa right now. I was going to go back home after I get the approval and do the interview and come back… but the process is being really slow so we decided to get married and adjust my status applying green card. In this case do we have to cancel the K1? It seems like we will get it approved in like 20 days which will be transferred to NVC. We want to start the green card process as soon as possible so we should we just leave it until it goes to the NVC since it can take 2~8 weeks if we send a withdrawal letter right now? Or does it not matter even if we don’t cancel it when going through green card process? What’s the best way?

  • Landon
    2 years ago · Reply

    I’m from the us and my fiancé is from Canada, in February they received our k1 visa application and it hasn’t gone anywhere since then. We’re sick of waiting for it and we want to get married. Can we cancel it without having problems later on?

  • Faith
    2 years ago · Reply

    Hi, I read K-1 visa status can only be changed if the marriage happens. if my fiancé comes to the US on a K-1 Visa, and we decide not to get married, Will that negatively impact his eligibility to work in the US? for example, if he gets a job offer with a employer willing to sponsor him for an employment-based visa while he is here on the K-1, will he have to leave the US to first void the K-1 visa status or can he move forward with directly with changing his K-1 status to an employment/visa green card?

  • Joan
    2 years ago · Reply

    My fiance filed for the K1. It was approved by USCIS and NVC and is now at an Embassy in Canada.
    Due to COVID, we still haven’t received packet 3 and we have not filled out the DS-160 (i-129 is set to expire this month).
    We are now considering getting married and filing for the CR1 instead. Can we get married in the US and then withdraw the K1 application from the embassy? Since the DS-160 is not done yet, do we also need to advise NVC, or just the embassy?

  • Olivia Haynes
    2 years ago · Reply

    Hi there—I’m guessing the answer to this question is no, but I have to ask. I’m a US citizen and my fiance and I are both living in Europe right now. We applied for a fiance visa and are still waiting in that first step of the process, but because of the coronavirus situation and other complications, we’re now thinking we will just get married here and stay here at least another year. (It’s much safer where we’re currently living.) Do you think there is any way, especially in coronavirus times, that we could get the USCIS to take our original application fee and apply it to our spouse green card application? If there’s any chance, how would we make that happen?

  • Edward M
    2 years ago · Reply

    Can a beneficiary, who is leaving overseas , withdraw the case for a fiancee visa??? If yes, how can this be done?

  • R.R
    2 years ago · Reply

    Our K1 visa was approved by USIC and NVC and it was sent to the embassy we were gathering other information before making an appointment for an interview and medical and I emailed the embassy to ask for an extension so the petition wouldn’t expire. Now we are faced with the Public Charge Rule my fiancee is in his country and with this new rule, it will be impossible for him to get approved now so I was thinking of withdrawing the application and apply for just a visitor visa so he can come to spend time with me because I always go to his country and visit him. Do you think they will approve him for the Visitor visa since this Public Charge affected our process?

  • Hector w
    2 years ago · Reply

    I have a question I’m a. USA citizen and my fiancé it’s in Mexico if we get married by the church only In Mexico can we still apply for the fiancé K-1 visa ?

  • Jim Rodriguez
    2 years ago · Reply

    Hi, have a slightly unique situation. Wife and child came over on a fiance visa and after a month or so, we got married, and she received approval of her i-129, however, 6 months later her and her daughter inexplicably left the US and headed back to her home country before she was issued a green card, so by law, she cannot come back into the country, so I imagined by missing the green card appointment, the green card would be automatically denied, but unfortunately, USCIS keeps re-scheduling the appointment even though my wife has missed at least (4) appointments, so my logic is flawed obviously. Can I terminate the visa, if so, please tell me how? The above examples didn’t include any examples of after K1 applicant marries the petitioner, so hence the question.

    Thanks in advance, Jim

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