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Consequences of withdrawal/cancellation (i-130, consular processing)

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  • Consequences of withdrawal/cancellation (i-130, consular processing)

    Hello,

    I am curious if there are any negative consequences if one submits an i-130 but never follows through with the rest of the process (for example, the medical examination, interviews and subsequent forms required for consular processing)?

    A little bit of context:

    I am an american citizen, my wife is Australian. We have been married 2 years (married in Australia), and we have a 1 year old child. We currently live in Italy but are hoping to move back either to Australia or the US, depending on where we can find jobs. I am an academic and finding positions can be challenging so we want to keep our options open. We are considering starting immigration paperwork for both countries (USA for her, Aus for me), so we can move wherever the right job appears.

    So the more specific version of the question is: If we submit an i-130 and get some way through the process, will there be any negative consequences if we withdraw the petition/visa application (depending on where in the process we are at the time)? and specifically, if we then decide to move back the USA in 2,5 or 10 years, would this make the process more difficult?

    Finally, if we went with a k3 instead, would the consequences differ?

    Any help is greatly appreciated!!

  • #2
    There are no consequences. There is no point in "withdrawing" it; just leaving it as is is fine. An approved petition is valid indefinitely but they might revoke it after 1 year of inactivity; if you want to keep it alive you can call them once a year.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      There are no consequences. There is no point in "withdrawing" it; just leaving it as is is fine. An approved petition is valid indefinitely but they might revoke it after 1 year of inactivity; if you want to keep it alive you can call them once a year.
      Thanks very much for the advice. To be clear, you are saying that at the stage of a successful I-130, the process can "pause" indefinitely as long as I call and make sure it isn't revoked once a year. Do I have to pro-actively initiate this "pause", or will it just automatically sit at the NVC? (incidentally, my understanding is that a granted I-130 is automatically forwarded to the NVC, is this correct?)

      And if the process continues beyond the I-130, (e.g. the application is partially processed at the NVC, or if an interview is scheduled at a consulate) will a withdrawal (or "pause") at this point become an issue?

      Thanks again!

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      • #4
        Originally posted by Triestino View Post
        Do I have to pro-actively initiate this "pause", or will it just automatically sit at the NVC? (incidentally, my understanding is that a granted I-130 is automatically forwarded to the NVC, is this correct?)

        And if the process continues beyond the I-130, (e.g. the application is partially processed at the NVC, or if an interview is scheduled at a consulate) will a withdrawal (or "pause") at this point become an issue?
        You don't have to proactively initiate a pause. It just sits there. The visa applicant has to affirmatively schedule their consulate interview, it will never be scheduled for them

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