How To Cancel or Withdraw a K1 Visa Petition
We all know that breakups happen and this is no different when the two people involved live in separate countries. After the excitement of your engagement has worn off, and you begin the K1 visa process, you learn a thing or two about your new fiance. You may begin to fight more and feel that you’ve made a mistake filing the I-129F petition. Then here you are Googling “how to cancel or withdraw a K1 visa petition”.
I’m a optimist, so of course I would prefer if you two worked out your problems and continued with the process. But, I also know that compatibility is important in a relationship. The last thing I want is for your to bring someone to the U.S. that will ultimately be abandoned. Someone once emailed me asking for advice because her husband abused her and refused to adjust her status. She was stuck in immigration limbo without a Green Card.
She can’t work, can’t drive, and has no money. She is now a dear friend of mine and is on her way to filing for VAWA and obtaining a green card on her own.
So, let’s talk about how you can cancel a K1 visa application before it’s approved. Notice how I said before? If the visa was already approved and your fiance has it in their passport, you’re out of luck. They can now enter the U.S. on the visa for the 90 day validity period. It’s not right if your relationship is over, but I’ve seen it happen.
Anthony applied for the I-129F petition for his Canadian fiancee Amber in 2016. After 5 months they receive the notice of action letting them know that their petition has been approved. Their case is transferred to the National Visa Center (NVC) and Amber filled out the required documents and sent it the U.S. consulate in Canada. Unfortunately, their relationship goes downhill and they decide to go their separate ways.
Anthony writes a letter explaining why he is canceling the K1 visa application because they are no longer together. USCIS accepts the cancellation of the K1 visa since a decision hasn’t been made yet and they send Anthony and Amber confirmation that the K1 visa application has been canceled.
Write A Letter To The National Visa Center
The first thing you need to do is notify the National Visa Center that you have changed your mind about petitioning for your fiance. This needs to be done before the visa is approved because by the time the interview is done, it will be too late.
Right now I’m assuming that you both want to cancel the K1 visa but it may not always be the case. There are some U.S. citizens that choose to cancel a K1 visa without telling their foreign fiance. I believe this is wrong and should be avoided. Even if the relationship is difficult and you are not communicating. You should send an email letting them know of your intentions to withdraw the K1 visa.
Remember, most immigration interviews are done in a different city from where the beneficiary lives. It’s best to avoid the inconvenience they may face if you have no plans to continue the process.
What information you should include in the letter:
- Your name
- Your fiance’s name
- Your receipt/case number
- Your address and phone number
- Statement of why you are canceling the K1
- Sign the letter
Although it’s not required, it may be a good idea to have the letter notarized and then keep a copy for your records.
For the statement of why you are canceling the K1 visa, you should always be honest but try to avoid being vindictive. There is benefit to adding too much details about how terrible your fiance is or accusing them of immigration fraud. If they truly just broke up with you because you are not compatible, leave it at that.
Lying on this letter will cause fiance to have trouble getting a visa in the future, but remember, karma is real. I will say that if you truly do suspect immigration fraud, you should put it in the letter. Including evidence such as emails can definitely help make your case.
“To Whom It May Concern:
I am requesting that the K1 visa application for the above name beneficiary be canceled effective today.
My fiancé and I are no longer together because we are not compatible. This was a mutual decision and we have chosen to go our separate ways.
Please send me confirmation that this K1 visa application has been canceled in writing.
How This Will Affect Future K1 Visa Petitions
Now that you’ve canceled the previous K1 visa, will you have problems with the next K1 visa application? The simple answer is yes and no. USCIS will look at your next petition with a finer tooth comb looking to see if you are “shopping” for a new fiance. If there is even a hint that you are specifically looking for a foreigner to bring to the U.S. for anything other than real love, they will deny your next petition.
Remember, USCIS wants to protect the country from fraudulent immigration but they also want to avoid foreigners from being scammed. There are some Americans out there that have petitioner 2 or 3 people and have abandoned them to fend for themselves in the U.S. if the relationship doesn’t turn out the way they imagined.
So, expect your next K1 visa petition to be more difficult and you may need to submit more evidence of a bona fide relationship than you first did. If you next relationship is genuine, you shouldn’t have a problem proving it to immigration officials.
Here where’s thing get tricky though.
If you new fiance has had a prior K1 visa canceled, it will be VERY hard to get your petition approved. It’s not impossible, but you have an uphill battle. Get ready for a serious fight. The reason it will be harder to get a quick approval is because USCIS will be scrutinizing your background as well as the beneficiary’s background. They will want to know if this relationship is just for the purpose of immigrating to the US.
They may even assume that either you or your fiance paid to file for the K1 visa. You can prove your case by including evidence of your relationship such as phone records, emails, chats, letters and postcards. You can think of USCIS assuming you are guilty of immigration fraud until you can prove otherwise.
If you’re the K1 beneficiary reading this, I’ve talked about what to do if your U.S. citizen fiance refuses to marry you after you arrive in the U.S.
Final Thoughts On Canceling A K1 Visa
I don’t know about you, but I love it when things are made simple for me. That’s why I’ve already written out the K1 visa cancellation letter for you to just edit, print and mail. Thank me later! It always sucks when a relationship sours but sometimes it’s for the best. Especially if it’s a mutual decision made by both of you.
Once you mail the letter to USCIS, you should receive a response from them telling you that the K1 visa has been canceled. It’s rare that they won’t cancel it if it hasn’t been issued yet but if you have any concerns or have not heard from them, make an InfoPass at your local service center by visiting https://my.uscis.gov/appointment.
If your lucky enough to find love abroad again, at least you know the process and what to expect. Yes, it will be more difficult this time around but as long as you can prove your relationship is real, don’t sweat it. USCIS doesn’t want to keep people who are in love apart, they just want to make sure they are combating immigration fraud and only allowing those who are admissible and eligible into the country.
Remember, immigration is a privilege not a right.
Why do you think your relationship didn’t work out? Would you consider dating long distance again? Let me know in the comments below.