IR-1 Approved

[ScottThuy 140]

While waiting outside, I met a guy whose wife is a US citizen. He was there waiting for his mother who was being interviewed that day. He was denied a CR-1 a few years ago. He filed a new I-130 immediately after the first interview. The old case was reaffirmed by USCIS. He received packet 3 at about the same time for both the reaffirmed case and the new case. He and his wife wrote a letter to the Consulate asking them to drop the old case and to go with the new one. He went to the interview (his second, but in effect, it's his first, since it's on a new case). He's now on AP for over a year - he got a blue slip stating that he does not need to submit anything else. I don't know why they dropped the reaffirmed case; he didn't say. Usually, with reaffirmed cases, you will have sent them lots of evidence, which then is forwarded along with a letter from CIS stating why the case was reaffirmed, to the Consulate. I would think that the CO would have to consider CIS's letter and the evidence that is forwarded to them prior to the second interview.

I mention this because I notice you also filed a new I-130. I'm not knowledgeable in this area enough to advise you on what to do. All I can say is, if you get packet 3/4 for both cases like that guy, just think really carefully before you decide your course of action. Or seek advice for other members here. Lots of them are extremely knowledgeable in this.

Wow.. a year in AP.. I would have to have a congressman in on that .... a year is unreasonable... M Ellis noted that the consulate often let a case sit until they got the original reaffirmed case back.. this could be what they are doing to him...