How to resubmit I-130 after withdrawing?

[Voxxx 0]

I am a USC and my husband is from Turkey and has been on a student visa here for 6 years. We married 3 months ago and I submited an I-130 and our interview is 11/22/11. We have had our share of cultural conflicts and I felt nervous about the chances our union would last, and the weight of my affidavit of support worried me, so I withdrew the application.

The interview came up quickly and perhaps I should have simply rescheduled but I submitted a letter in writing asking to withdraw the application. If I want to resubmit if we are more stable and compatible in a few months is this possible? Must we do the entire process all over? If anyone can shed light on this it would be much appreciated. Thank you!

[Nina~ 431]

Yes, you answered your own question. You have to refile and pay the application fees again.

[Penguin_ie 5,997]

Yes, you can resumbit and must start all over again.

Expect the beneficiary to be asked some pointed questions at interview about whether they are sure it is "for keeps" this time, but as long as you have plenty of bonafide relationship evidence (visits to see eachother are best), you should be fine.

[Voxxx 0]

Update - my husband and I went to our interview earlier this week to explain our situation and make sure my husband would revert to his I-20 student status and retain legal status here. After the interview began it became clear that my withdrawal letter had not caught up to the change of status file and this was the standard interview. So we completed the interview, were told one other immigration officer would review the case and if they agreed with our officer's recommendation to approve that my husband would receive his "green card" in 2 - 3 weeks. We were given a paper that gave the dates my husband would have to change his status in two years from conditional to permanent. Is it typical for the file to be reviewed by a second officer?

After the interview I called the USCIS customer service to ask what action I should take and they recommended sending another letter revoking my withdrawal, but made no promises that this would work. So while I was resigned to having to simply reapply again in the future, we are now waiting to see what happens next.

[JimVaPhuong 4,863]

Update - my husband and I went to our interview earlier this week to explain our situation and make sure my husband would revert to his I-20 student status and retain legal status here. After the interview began it became clear that my withdrawal letter had not caught up to the change of status file and this was the standard interview. So we completed the interview, were told one other immigration officer would review the case and if they agreed with our officer's recommendation to approve that my husband would receive his "green card" in 2 - 3 weeks. We were given a paper that gave the dates my husband would have to change his status in two years from conditional to permanent. Is it typical for the file to be reviewed by a second officer?

After the interview I called the USCIS customer service to ask what action I should take and they recommended sending another letter revoking my withdrawal, but made no promises that this would work. So while I was resigned to having to simply reapply again in the future, we are now waiting to see what happens next.

8 CFR, section 103.2:

(6) Withdrawal . An applicant or petitioner may withdraw an application or petition at any time until a decision is issued by USCIS or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status, based on the petition.

However, a withdrawal may not be retracted.

Your withdrawal letter was submitted before your interview. You can't retract it. Any immigration benefit granted after the letter was accepted by USCIS can be revoked. Be prepared that you might have to do this again.

[VanessaTony 3,567]

8 CFR, section 103.2:

(6) Withdrawal . An applicant or petitioner may withdraw an application or petition at any time until a decision is issued by USCIS or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status, based on the petition.

However, a withdrawal may not be retracted.

Your withdrawal letter was submitted before your interview. You can't retract it. Any immigration benefit granted after the letter was accepted by USCIS can be revoked. Be prepared that you might have to do this again.

What would you suggest they do? I think they neglected to mention the retraction at the interview. What happens if the GC is approved, can it be retracted later because it never SHOULD have been approved? Should they do something to make sure it's not approved now so it doesn't cause issues?

[Gilmian 0]

Hi, I know this topic is from 2011. Just wondering what happened to your petition?

Did they consider your letter to continue/ proceed with the petition and not withdraw it?

This is what's happening on my petition. My husband's interview was last June 17 of this year and we have so much issues on our marriage and i decided to withdraw the petition. US Embassy Manila did not interview him advice him to talk to me and send email again retracting my withdrawal.

Now my petition is in progress to USCIS, so what i did is i send them letter not to cancel my petition.

No response yet but just wondering is it even possible for them to retract withdrawal request if the petition change his/her mind?

Thanks

[Caryh 5,206]

Hi, I know this topic is from 2011. Just wondering what happened to your petition?

Did they consider your letter to continue/ proceed with the petition and not withdraw it?

This is what's happening on my petition. My husband's interview was last June 17 of this year and we have so much issues on our marriage and i decided to withdraw the petition. US Embassy Manila did not interview him advice him to talk to me and send email again retracting my withdrawal.

Now my petition is in progress to USCIS, so what i did is i send them letter not to cancel my petition.

No response yet but just wondering is it even possible for them to retract withdrawal request if the petition change his/her mind?

Thanks

The original posters status, hasn't been here in almost three years now.

Last Active OFFLINE Nov 28 2011 01:59 PM