Can I file new I 130 while my old petition is still awaiting reaffirmation or possible revocation

[Nigeria Daniel 0]

An email sent to me from Nigeria embassy said "you are allowed to file a new petition;" although we have an I 130 that was returned to USCIS for review for possible revocation/reaffirmation

Can I file a new I 130? It is been6 months since our first interview. Before they review your case, get back to you, send it back to NVC, send it to Lagos, and schedule an interview it may add up to almost 6-12 months

Has anyone done this before? Pls advise

God bless

In addition,

We have done formal/traditional engagement and church wedding after our first interview. We only did court wedding before first interview

Edited February 21, 2012 by Nigeria Daniel

[Kehinde 45]

An email sent to me from Nigeria embassy said "you are allowed to file a new petition;" although we have an I 130 that was returned to USCIS for review for possible revocation/reaffirmation

Can I file a new I 130? It is been6 months since our first interview. Before they review your case, get back to you, send it back to NVC, send it to Lagos, and schedule an interview it may add up to almost 6-12 months

Has anyone done this before? Pls advise

God bless

In addition,

We have done formal/traditional engagement and church wedding after our first interview. We only did court wedding before first interview

You can refile, but why? Unless you are sure that it won't get reaffirmed. If it has already been 6 months you may as well wait unless you are sure its a waste. Good luck. I got my NOIR and I have already sent in the rebutal and it took 6 months for me to receive it. I am just waiting now for the reaffirmed letter. Good luck to you and pray for me as i will pray for you.

[Nigeria Daniel 0]

Since your first interview ... it is now 7/8 months -- is that correct?

After reaffirmation ... case will be sent to nvc ... then to lagos ... your second interview may take about 3-4 months again

I can't just believe there is nothing I can do about my case to fasten it. of course, the will of God be done ... maybe there are other choices other than waiting

thank you for responding to my posting

You can refile, but why? Unless you are sure that it won't get reaffirmed. If it has already been 6 months you may as well wait unless you are sure its a waste. Good luck. I got my NOIR and I have already sent in the rebutal and it took 6 months for me to receive it. I am just waiting now for the reaffirmed letter. Good luck to you and pray for me as i will pray for you.

[Kehinde 45]

Since your first interview ... it is now 7/8 months -- is that correct?

After reaffirmation ... case will be sent to nvc ... then to lagos ... your second interview may take about 3-4 months again

I can't just believe there is nothing I can do about my case to fasten it. of course, the will of God be done ... maybe there are other choices other than waiting

thank you for responding to my posting

Well 6 months have already passed just wait out the other few months. Once my case gets to Lagos I dont think I will have to wait another 3-4 months for an appointment cos at that point they are ready to close my file. But anyway it seems you are sure about not getting reaffirmed so maybe it best if you just go ahead and reapply Good luck and my prayers are with you.

[NigeriaorBust 4,087]

You can only have one active petition of a type between the same 2 people. You can have 1 I130 and 1 I129f but not 2 I130. To file a new I130 you would have to withdraw the first one. If the first one is near the time where it should be reaffirmed you might lose time in the second one and it may also be denied. Also in withdrawing the first one you could get what appears to be fraud markers in your file which will give you a visa migrane.