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.
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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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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
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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
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Contact the NVC using their contact page, phone, or email.
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- Step 2 – Send withdrawal letter
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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.
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You’ll probably need to email a scanned signed letter or perhaps a physical letter depending on what response you get.
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- Step 3 – Get confirmation of cancellation
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Get notification that your I-129F has been terminated by the NVC.
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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
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Check your approval letter from the NVC or online at the CEAC website to determine which consulate has jurisdiction over your I-129F.
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- Step 2 – Check their website for instructions (if any)
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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).
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- Step 3 – Submit a withdrawal request
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Consulates usually have similar procedures: they want you to send a notarized withdrawal statement. Here’s an example from the Sudanese US Embassy:
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Submit a notarized letter to their office either by mail or email. Have the following details of the US petitioner:
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- ▝ 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)
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- Step 4 – Get confirmation
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Receive confirmation from the Department of State that it’s been terminated.
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- Alternative step – abandon case
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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))
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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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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).
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- ❒ 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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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?
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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.
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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.
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- Is this a “Red flag” for my future?
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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.
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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.
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- Will they consider it Visa fraud?
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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.
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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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- With the USCIS, the petitioner withdraws by writing to them.
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- With the NVC, the petitioner and beneficiary may cancel the application either by writing or simply abandoning the process (and letting the approval expire).
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- 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…
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Did you go through a petition withdrawal? Why? How was the experience?
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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.
Hello Eddy and thanks for writing in.
When the USCIS receives a letter of removal coming from any of the parts, a new application is scrutinized because they want to make sure the relationship is really going to work.
The biggest and hardest burden is always on you to prove and convince the officers that you are ready to take such a huge responsibility like marriage.
-Cris (Visa Tutor Team)
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.
Juan, thanks for writing in.
Right now, it is hard to preview a precise length of time to have any kind of response regarding an application removal due to the whole pandemic situation and shortage of personnel, as you should have read.
The best thing to do is to try to contact the Embassy and tell them your sense of urgency to drop your K1 application and express your intention to apply for an F1 instead. Procedures may differ a bit from country to country, so, you’d better check any specifications and get them to tell you how long it might take. It may not been the answer you were expecting to have from us, however, 2020 has been a year of uncertainty and surprises beyond anyone’s control.
-Prem
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?
Hello Joy,
thanks for reaching out. Since you’re married now, you are no longer eligible for the K visa. You can either cancel the process now in writing or you can do it when you apply for adjustment of status through your current procedure.
-Prem
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?
Landon, thanks for reaching out. The waiting time is frustrating, indeed.
Like you, many other couples have been waiting for months to see movement in their visa processing. You’re not alone!
Do have in mind that even if you switch over to a spousal visa, you will have to repeat the same processing.
Furthermore, spousal visas take longer to process (14-24 months).
So, generally, it’s best to wait out the I-129F and K visa process rather than starting from scratch with a spousal visa.
However, if you’ve already decided to pursue the spousal visa route, you can send a withdrawal letter to the USCIS.
Use our template and guidance on how to prepare this letter.
Switching over from a fiance to a spousal visa will not cause any problems as long as you’re qualified for the CR1/IR1 route.
-Cris (Visa Tutor Team)
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?
Faith, thanks for contacting us.
The eligibility to be given a work permit after coming to the US on a K1 Visa will always depend on the effective marriage.
In order for k1 visa holders to do the adjustment of status, they need to forward their marriage certificate.
If the marriage does not happen within 90 days, the visa holder will be deemed out of status and, therefore, illegally present in the country.
As far as it is concerned, any employment-base Visa is done while the applicant is outside the US, so your fiancé will have to leave the country in order to go through a new visa process with a new sponsor.
And the eligibility for any new visa he may pursue later will depend on his not breaking any US immigration rules while in the US.
-Cris (Visa Tutor Team)
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?
Hello Joan,
Thanks for writing in. If you’re abandoning the K visa process, you will let the US Embassy in Montreal know that you intend to get married and your K visa application is void. You can follow the same templates here on how to word / request the withdrawal. They may ask for proof, a letter, or ID card to process your request.
As a side note, are you aware that the CR1 process will take much longer to process?
-Prem
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?
Hello Olivia.
Thanks for your message.
Generally, the USCIS does not issue refunds for filing fees.
The only moment they do such thing is when they collect the incorrect fee.
So, in the future, anything you do with them will need a new payment.
-Cris (Visa Tutor Team)
Can a beneficiary, who is leaving overseas , withdraw the case for a fiancee visa??? If yes, how can this be done?
Hello Edward,
There’s no way a beneficiary can withdraw the I-129F petition. However, the only way that the foreign beneficiary can discontinue the process is by not proceeding with the application once the I-129F is approved. He/she can refuse to apply for a K visa at the consulate. If this happens, the Embassy will deny the petition and return it to the USCIS after about 12 months of no response.
-Prem
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?
R.R., we appreciate your writing to us.
As you may have read in some of our articles and comments, once someone has shown intentions of immigrating to the US, a visitor visa while having a pending petition, is mostly certain to more scrutinized. It doesn’t mean a blunt denial.
Even though public charge doesn’t apply to visitor visas most of the time, sometimes they do in cases where the Embassy officers find it appropriate.
As we usually say, it’s risky, though.
-Cris (Visa Tutor Team)
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 ?
Hector, thanks for reaching out for us.
In the eyes of the law, a marriage performed in a Court is the one valid for civil life procedures.
However, it’s known that most churches in certain countries do take notes of the groom and bride’s information (document numbers, for example).
You need to see if your intended church celebration is considered official marriage in Mexico.
If that’s the case, you can not apply for a fiancé visa if you’re officially married. Your option will be apply for a spousal visa.
Here’s an article we recommend you. You’ll find more details:
https://www.visatutor.com/can-k-1-fiance-marry-coming-us/
-Cris (Visa Tutor Team)
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
Jim,
If your partner has left the country and if the USCIS is unaware, you will have to notify the USCIS that she abandoned her green card application. You can contact them through phone or by writing a letter. The USCIS will then consider her application abandoned and deny it. Or you can wait it out and the USCIS will deny the case based on the lack of response.
-Prem