I screwed up withdrew I-129F Now What

[huhtaman 0]

Hello All:

I filed an I-130 and an I-129F back in March/April. Without understanding the consequences, I withdrew the I-129F that had been approved. I tried to stop the withdrawal - thought I accomplished it - even got confirmation emails from the Moscow embassy - but - due to a cable from USCIS - they didnt allow my wife her interview.

The case is in limbo as the I-129F hasnt been returned to USCIS. I have an immigration attorney - but he has not seen a situation like this. Can anybody give me information on how to proceed from here ??? Can I still get my I-130 approved ??? Thank you. I know I caused my own pain and brain damage - Ill have to deal with it.

Neil

[YuAndDan 153]

What does USCIS case status website say about the I-130?

[huhtaman 0]

The I-130 shows NOT approved. Apparently it is waiting on the I-129F to be brought to completion (which will not happen). I read a withdrawal cannot be retracted - so - the I-129F will have its approval undone.

Neil

[YuAndDan 153]

The I-130 shows NOT approved. Apparently it is waiting on the I-129F to be brought to completion (which will not happen). I read a withdrawal cannot be retracted - so - the I-129F will have its approval undone.

Neil

I would schedule and info pass appointment to discuss the I-130 case with USCIS, and perhaps file an I-824 for the I-130 case to get it moved to NVC when it is approved (Reason code "d" on the I-824)

[Minya's wife 25]

If you have cancelled the I-129F and USCIS records reflect this, you may have no choice but to proceed w/ the as yet unapproved I-130. I don't think there's an option to "change your mind" once the cancellation has been recorded. At least not w/ that I-129F....you may file another I-129F (along w/ the appropriate waiver, if necessary, for filing consecutive petitions too quickly), but you can't reverse this cancelled one.

I would try to see further what is the case w/ the I-130, wait out the approval on that one. You may need to make sure that you cancellation of the I-129F does not translate into a cancellation of the I-130, and proceed w/ the immigrant visa for your spouse. It may be the best avenue for you at this time. Perhaps you should have a quick consultation w/ a qualified immigration attorney to verify your options.

Good luck,

-P

[YuAndDan 153]

I would just stick with the I-130 case and forget the I-129F, I-130 results in the superior CR-1 or IR-1 visa, this saves you the hassle of applying for adjustment of status and work permit for the K-3.

CR-1/IR-1 results in a GREEN-CARD upon entry to the USA, NO AOS ($1010) and NO EAD, (90 days or more out of work).

[huhtaman 0]

Dan or anybody:

1) What is form I-824 ???

2) What advantage would moving it to the NVC have ???

3) What is reason code "d" ???

Neil

NeilI would schedule and info pass appointment to discuss the I-130 case with USCIS, and perhaps file an I-824 for the I-130 case to get it moved to NVC when it is approved (Reason code "d" on the I-824)

[YuAndDan 153]

Dan or anybody:

1) What is form I-824 ???

2) What advantage would moving it to the NVC have ???

3) What is reason code "d" ???

Neil

I would schedule and info pass appointment to discuss the I-130 case with USCIS, and perhaps file an I-824 for the I-130 case to get it moved to NVC when it is approved (Reason code "d" on the I-824)

1) I-824 is action on an approved relative petition. USCIS holds the approved I-130 in K-3 cases assuming that you will be adjusting status from the K-3 visa, you need to file I-824 to tell them that you want the I-130 moved on to NVC as soon as it is approved. Moving the I-130 to NVC will start the CR-1/IR-1 visa process, and results in an IMMIGRANT visa interview at the consulate.

I-824

2) The advantage of moving the I-130 to NVC results in the superior CR-1 or IR-1 visa, this saves you the hassle of applying for adjustment of status and work permit for the K-3.

CR-1/IR-1 results in a GREEN-CARD upon entry to the USA, NO AOS ($1010) and NO EAD, (90 days or more out of work).

3) Reason code "d" on the I-824 tells them to move the approved I-130 petition to NVC for counselor processing of the CR-1/IR-1 visa.

[C and J 1]

The I-824 is a form to kickstart the I130 back on it's journey to the NVC. It is used when both the I129F and I130 have been approved and USCIS have made the decision to only send the I129F onto the next step and to hold the I130 at the National Records Centre for adjustment of status.

However, I am confused as you state that your I130 has not been approved... that means there is currently nothing to continue with Did you mean that you received an approval notice but it is being held at the national records centre? Or is there no approval at all?

[huhtaman 0]

The I-130 is waiting to be approved. I called California Service Center and they are looking into why it is so far over the normal timeline. I filed it in March 2006 with identical documentation to the I-129F. I think the delay in the I-130 approval is a just a beauacratic mix up. So - maybe the delay will work in my favor as I can point out the variance with other I-130 petitions.

Neil