RFE for wrong application

[niagara_falls 0]

hello.

my hubby called me the other day and told me that he got a letter regarding a RFE (because of IMBRA) for the I-129F petition we applied for in April and cancelled in August. In the same letter with the cancellation of the I-129F, we sent out the I-130 and received the NOA1 on August 22nd. He tried calling the VSC to ask if the RFE still needs to be answered (which would make no sense since we cancelled the K1).

What should we do? Just throw the RFE out and ignore it? Or answer, which still makes no sense to me?

BTW we got that RFE twice, once in June and now in October. The one from June said if we dont answer until Sept 20th the petition will be denied automatically. So I dont really understand why they sent out another one.

[niagara_falls 0]

no one? really?

[sunset2005 0]

i think i would call the service center and get a direct answer. I wouldn't ignore it.

i think i would call the service center and get a direct answer. I wouldn't ignore it.

[riblet 0]

If it will make you feel better I would call. But personally, if they are going to deny a petition that you asked to be canceled, I wouldn't worry about it. As long as you have the NOA1 for the I130, and that's what your pursuing then I think your okay.

The reason you might not have received any advice is that there isn't really a certain answer to this, it's just what makes you feel better. I can't imagine how it would cause any risk to the petition you are pursuing if you choose to ignore the letter. And calling them is likely to be a waste of time since most of the operators don't seem to know what they are talking about But it's up to you, good luck with the I130!

[simple_male 1]

hello.

my hubby called me the other day and told me that he got a letter regarding a RFE (because of IMBRA) for the I-129F petition we applied for in April and cancelled in August. In the same letter with the cancellation of the I-129F, we sent out the I-130 and received the NOA1 on August 22nd. He tried calling the VSC to ask if the RFE still needs to be answered (which would make no sense since we cancelled the K1).

What should we do? Just throw the RFE out and ignore it? Or answer, which still makes no sense to me?

BTW we got that RFE twice, once in June and now in October. The one from June said if we dont answer until Sept 20th the petition will be denied automatically. So I dont really understand why they sent out another one.

Did you cancel the I-129 by writing the NBC? You can again write NBC and tell them that you don't want to pursue I-129F, since your I-130 is on track. The petitioner can cancel the petition at any time during the process.

Edited November 22, 2006 by simple_male

[Yodrak 7]

niagara_falls,

Not a smart move to send both in the same mailing. The person assigned to the I-129f probably has no idea that you wish to withdraw that petition. The mailing was almost certainly treated solely as an I-130 application and the letter requesting withdrawal of the I-129f was either tossed or put into the I-130 file as a supporting document.

Respond to the I-129f RFE by telling them that you wish to withdraw the petition.

Yodrak

hello.

..... In the same letter with the cancellation of the I-129F, we sent out the I-130 and received the NOA1 on August 22nd. ......

Edited November 22, 2006 by Yodrak

[niagara_falls 0]

first of all, thank you for your answers.

the reason why we sent the cancellation of the I-129F in the same letter to VSC as the I-130 is that we didnt even get a NOA2 for the I-129F. so VSC was still working on it (or at least they should have been). as we only had one address for VSC it made no sense to send two seperate letters if they both get to the same person first and then will be sorted.

hubby tried calling a few times but unfortunately noone ever picks up... well, i will ask him once again to try calling them. if they still dont answer, i will tell him to answer the RFE and cancell the I-129F again. other than that there is nothing we can do (i think).

Edited November 22, 2006 by niagara_falls

[simple_male 1]

Niagara_falls: We cancelled our I-129F, as our I-130 was approved and it was moving well in NVC. I, as a petitioner, simply wrote to NBC that I wish to withdraw the petition, since I-130 is approved. I sent it via certified mail so that I could track the mail. I enclosed I-129F NOA-1, I-130 approval. I did not need to send them IMBRA RFE. NBC wrote me a letter after 3 weeks notifying that the petition was cancelled, there won't be any further process, and if I change my mind to pursue I-129F again with this petition, it won't happen. You can simply state that you don't want to pursue I-129F, since you want to concentrate on your I-130 or whatever reason you think.

first of all, thank you for your answers.

the reason why we sent the cancellation of the I-129F in the same letter to VSC as the I-130 is that we didnt even get a NOA2 for the I-129F. so VSC was still working on it (or at least they should have been). as we only had one address for VSC it made no sense to send two seperate letters if they both get to the same person first and then will be sorted.

hubby tried calling a few times but unfortunately noone ever picks up... well, i will ask him once again to try calling them. if they still dont answer, i will tell him to answer the RFE and cancell the I-129F again. other than that there is nothing we can do (i think).