Withdrawing Petition....Texas Divorce Problem

[DarkKiss 45]

Just want everyone to know that based on all the information you gave us, we have committed ourselves to err on the side of caution, cut our loses, and re-file our petition.

To Everyone, again, Thanks

[JohnR! 5,495]

Good luck! You should be OK this time around. I noticed the other thread took a life of its own. I've never seen a non-issue be dissected in such a manner. :-)

[Pitaya 2,577]

~Moved from K-1 Process to K-1 Progress Forum~

[Ilovemyman 147]

If you sent the petition, I would wait to see what happen.

Because you are free to marry in another state.

even if people say you are going to be denied, who knows if they dont see the texas law.

when my fiance sent the petition, he made a big mistate: he didnt read the I-129f instructions, and he only sent the form I-129f and the check.

When I asked here about experience with that, everybody said that when people send only check and the form wirhout the others documents the petition is denied.

But what happen?

They didnt deny the petition, they sent to my fiance an intent to deny letter asking for all the lacking forms and evidence.

My fiance sent everything and we were approved.

So I would advise you just wait, you are divorced and can get marry in whaterver state, and plus by the time that the petition be approved you can get marry in texas.

Or ithey can ask you why you fill out the petition witgout pass one month after you devorce decre and you can answer that you thought get marry in another state.

[DarkKiss 45]

If you sent the petition, I would wait to see what happen.

Because you are free to marry in another state.

even if people say you are going to be denied, who knows if they dont see the texas law.

when my fiance sent the petition, he made a big mistate: he didnt read the I-129f instructions, and he only sent the form I-129f and the check.

When I asked here about experience with that, everybody said that when people send only check and the form wirhout the others documents the petition is denied.

But what happen?

They didnt deny the petition, they sent to my fiance an intent to deny letter asking for all the lacking forms and evidence.

My fiance sent everything and we were approved.

So I would advise you just wait, you are divorced and can get marry in whaterver state, and plus by the time that the petition be approved you can get marry in texas.

Or ithey can ask you why you fill out the petition witgout pass one month after you devorce decre and you can answer that you thought get marry in another sta

Thanks for the advice but that other thread literally scared us to death and we decided to play it safe. Who knows what will happen and I guess we will never know because we are withdrawing.

I received my hardcopy of the NOA1 yesterday and will be mailing a request to withdraw that along with a copy of the NOA1 to the Office in Mesquite Texas.

I will however; state the reason for my withdrawal and hopefully they will respond with some feedback; but I doubt it. It's the government after all and I know how they work. I am an ex-federal employee.

Good luck! You should be OK this time around. I noticed the other thread took a life of its own. I've never seen a non-issue be dissected in such a manner. :-)

Thanks and Ditto on the issue!!!

[JohnR! 5,495]

Thanks for the advice but that other thread literally scared us to death and we decided to play it safe. Who knows what will happen and I guess we will never know because we are withdrawing.

I received my hardcopy of the NOA1 yesterday and will be mailing a request to withdraw that along with a copy of the NOA1 to the Office in Mesquite Texas.

I will however; state the reason for my withdrawal and hopefully they will respond with some feedback; but I doubt it. It's the government after all and I know how they work. I am an ex-federal employee.

Here is an additional suggestion. If you have the time, consider scheduling an InfoPass and speaking to someone at the USCIS directly about your situation. You have nothing to lose, other than a couple of hours, if you have them to spare.

[DarkKiss 45]

I have already mailed the Withdrawal and it was a pleasant surprise that I was able to Overnight it to the Mesquite Service Center in Texas. They will receive it by Noon tomorrow.

Here is what I wrote:

Ref: SRC #

Petitioner Name

Beneficiary Name:

To Whom It May Concern:

I wish to withdraw the above and attached Petition.

Reason for Withdrawal:

Final Decree of Divorce signed by Judge on 4 Feb 2014. Texas Law states that one must wait 30 days after final decree to be free to marry. I didn't find this out until after I had submitted my petition.

Based on Texas Law, and a possible Denial based on said law, I am withdrawing this petition and will refile on 7 Mar 2014, after 30 days have passed.

Sincerely."

I hope they will answer and say that it will not be a problem but in the interim, we are preparing the Re-file. It should be ready to re-file by Monday, 10 Mar 2014.

Question: Do I have to wait for confirmation of Withdrawal before we send in new packet?

[LibCampFireClub 635]

YES, YES, YES. You MUST wait for confirmation of the withdrawal. Good luck to you.

Edited March 6, 2014 by ExExpat

[DarkKiss 45]

YES, YES, YES. You MUST wait for confirmation of the withdrawal. Good luck to you.

OK we will wait. Thanks

[David & Diana R 1,005]

Just want everyone to know that based on all the information you gave us, we have committed ourselves to err on the side of caution, cut our loses, and re-file our petition.

To Everyone, again, Thanks

I think you made the best possible decision here. No doubt others will encourage you to wait and see but you will save weeks, maybe months by nipping this thing in the bud now. Congratulations and please keep us updated.

God Bless you both!

Edited March 6, 2014 by David & Zoila

[DarkKiss 45]

I think you made the best possible decision here. No doubt others will encourage you to wait and see but you will save weeks, maybe months by nipping this thing in the bud now. Congratulations and please keep us updated.

God Bless you both!

Thanks and I will DEFINITELY keep everyone posted.

[DarkKiss 45]

So here is an update on my Withdrawal. As you all know, I sent the withdrawal letter and it was received and signed for at Mesquite on 07 Mar 2014. On 10 Mar 2014, I check the status of petition and the only information was that on 05 Mar 2014, the A# was changed.

So I called and spoke with a rep and asked specific questions in reference to the withdrawal. She stated that when you send in a withdrawal letter and state the reason for the withdrawal, it is up to the officer reviewing your case to determine whether they will just simply issue the withdrawal or if they will really look at it and the circumstances i.e. Immigration Law to determine if they will give you another chance to stay the withdrawal, BUT, and here's the thing I did not get, she also said that once you withdraw a case, You Cannot Retract the Withdrawal. Did I miss something. She just said that it's a possibility that the withdrawal may not be accepted dependent upon what the officer finds and in the SAME breath, she told me that a withdrawal is a done deal!!!

Oh, and she also said that it can take at least 30 Days before I hear something back from USCIS. So basically this means that I have to wait up to 30 days to re-submit the new I-129F, which is ready to go NOW.

At this point, I don't know what to believe. but I am praying that if the Texas Marriage Law has no affect on my petition, and that the officer reviewing the case will send me something to that affect, and re-confirm with me if I still intend to withdraw, which I would gladly decline.

Will keep everyone posted.

Edited March 15, 2014 by DarkKiss