Withdraw I-129F and begin again?

[Shockable 0]

Just to add to the confusion.. We did exactly this, just sent the 129F and a cheque. We got a RFE requesting information! At the closing stages of our application now. :/

[mysweetlips 5]

I filed my I-129F with only the petition form and a check. I will not bore you with the excuse for how I managed to do this, sufficient to say I feel awful and very, very foolish. On October 15th the case was accepted and it is now in "initial review". I received an I-797 form with a receipt number a few days ago.

Should I wait for an RFE and then respond with all of our materials, or should I withdraw the petition and then resubmit the I-129F will all of our evidence? I have called the USCIS help line 5 times, one time being transferred to a higher level, and all of them told me that the petition will be placed on hold and I will receive an RFE and that I should just wait for that letter and then respond.

If I withdraw does anyone have a guess as to how long before I can resubmit the petition? Any suggestions would be appreciated. I posted it on one of those free ask a lawyer sites (http://www.avvo.com/legal-answers/filed-a-i-129f-petition-without-any-supporting-mat-973939.html?callable=true&published=true) and the consensus seems to be withdraw the petition and carefully re-file the petition.

Thank you!

Patrick

We sent a package of 70 pages and did not send the check. dah... took awhile for the NOA1 so I kept calling everyday and until an immigration officer confirmed that my packet was sent to Vermont, then sent back to the Philippines. They advised me to wait. It took a long time for my packet to reach the Philippines. When we got it, on the top was instructions printed on green colored paper--for us to put this page on the front of the package so that it would receive special attention. we noticed that the right side of every page was date/time stamped and had some coding. I changed my address to the U.S. instead of the Philippines and this time my packet was routed to CSC! Yes! So, now we are waiting... but CSC processes quicker. So I consider this mishap as a blessing in disguise for us.

[madtownguy 164]

I don't understand what would stop someone from sending info with their case number if they know what they missed. They might throw it away, but if it's just a copy who cares?

[Masha and Bear 0]

We are astonished and elated! Our petition was approved yesterday (4-22-2013) without an RFE!!!!!

It is very late, more to come tomorrow...

[lost_at_sea 995]

We are astonished and elated! Our petition was approved yesterday (4-22-2013) without an RFE!!!!!

It is very late, more to come tomorrow...

What. Wow - did you end up sending in the actual evidence and missing documents?

[Masha and Bear 0]

Hello Visa Journey Community,

I filed our I-129f petition on October 5, 2012. Our NOA1 was sent out October 17, 2012. I made a huge error inexcusable error. Luckily my fiancé forgave me . I sent the I-129f form and the check, no supporting materials of any kind.

When my fiancé realized what I had done, we researched our options. I posted on a message board that immigration lawyers from the country respond to. Half the lawyers told us to wait for our rejection and the other half told us withdraw our petition and re-file. The lawyers seemed certain we would receive a rejection and not an RFE, since I had included none of the supporting materials.

A Visa Journey member sent us a link to the Visa Journey page of couple that had done the same thing. They sent in all the missing material without waiting to hear from USCIS and their petition was approved! So, we decided this was our best option, instead of waiting.

I emailed USCIS twice, both times explaining our situation and asking if we could send in supporting material before getting a response from them. In their first response USCIS said it was okay if I sent in our supporting materials without an RFE, in the second they advised against it and said we should wait to hear from them.

We decided to prepare all of the missing materials and send them in, below is our table of contents. I sent in our supporting materials on December 6th 2012.

I wrote a cover letter explaining my mistake, how terrible I felt and asked them to please consider this supporting material with our petition. I asked some family and friends that had spent time with us together during her visit to America to write a letter of support, and many did. They all included their addresses, phone and emails.

We included a lot of pictures from my visit to Russia and her subsequent visit to the USA. I printed many of them out (2-3 to a page) on photo paper at home using my Epson XP-300 (an inexpensive printer) and made higher quality prints of 6 or 7 of the best photos at a local pharmacy. We included a total of about 30 pictures.

Our evidences from Russia and America included our boarding passes, train tickets, museum passes and tickets, concert tickets and attraction tickets. We made sure to select photos that showed us together at the attractions we had visited.

Each of the 14 points below were placed into their own numbered manila folder, from what I understand they would discard these and put them into their own system with holes at the top. I had my official photos taken at my local pharmacy, she took her photo at home in Russia and I printed it out on photo paper at home. I was worried the resolution wouldn’t be high enough, but it seems to have been fine.

We were pretty sure that because of my massive mistake our petition would just be rejected, or at best we would receive an RFE. We were sure to carefully prepare our materials, and got lucky. Our materials got put together with our petition.

Good luck to everyone and thank you Visa Journey community!!

We have learned invaluable information on this site and will rely on it in the future to hopefully help us successfully navigate the steps ahead.

Table of Contents:

1 – I-797C, Notice of Action for Case with receipt number __________________.

2 – Copy of All Pages in petitioner’s ___________ United States Passport

3 – ________________’s G-325A form

4 – ________________’s G-325A form

- A. Correction – Fiancé does not have a middle name

5 – Official Photo of Petitioner

6 – Official Photo of Fiancé

7 – __________ ___________’s Original Statement of Intent and Ability to Marry

8 – __________ ___________’s Original Statement of Intent and Ability to Marry

9 – Joint cover letter by _________ __________ (petitioner) and ___________ _____________fiancé)

10 – Photos and Evidence from our time together during ____petitioner’s__ trip to ___(City)___ Russia

A. Registration form for __petitioner’s__ Russian Travel Visa in___Russian city____ by ___fiancé___ with certified and notarized translation.

11 – Photos and Evidence from our time together during Russian fiancé’s vacation to The United States:

12 – Letters from family and friends in support of our petition: 5 letters of support from family and 2 from friends

13 – A Sample of __petitioner’s__ and __fiance’s__ E-mail Correspondence

14– A Sample of __petitioner’s__ and __fiance’s__ Skype Correspondence

Edited April 24, 2013 by Masha and Bear

[Maxheadspace 48]

Should I wait for an RFE and then respond with all of our materials, or should I withdraw the petition and then resubmit the I-129F will all of our evidence?

Good luck in your journey!

Edited April 24, 2013 by Maxheadspace

[Greg n Veronica 17]

We are astonished and elated! Our petition was approved yesterday (4-22-2013) without an RFE!!!!!

It is very late, more to come tomorrow...

So you are one of the one's I found approved when checking all the 17 Oct cases yesterday. Congrats and all the best with the medical/interview portion.

[F&Z 8]

Aren't you glad you didn't cancel now?

[Jacque67 7,328]

Wonderful news

[Masha and Bear 0]

Thank you! Thank you for your congratulations and support!!

[Maria M 0]

Me and my fiance submitted an application K1 visa. I was going to medical examination and got interview appointmant too, but so was stresse so strongly and some misunderstandings. I decided to withdraw the interview and the case was returned to USCIS.

Shortly after, we wanted to withdraw the letter of withdrawal of application but then it was too late since the case was already returned to the USCIS.

I sent the letter and explanation of why i wanted to withdraw the application for the K1 visa. I explained that it was because of he had no permanent residence at that time and i was worry that he would not have place before we come to USA. He also writed a letter about that we are very much in love and we continue our relationship. We have been through so much stress and long waitings , 1 year apart from each other is horrible stress and very frustrating. Its because of the stress this happened even we had all planed and almost ready. The stress got to big and we made hasty decisions, now we both regret it strongly and wonder now when again can we apply for the K1visa, and if there may be any complications? Sincerely, M.M

[TBoneTX 45,287]

when again can we apply for the K1visa

You can apply again if you've been together in person within the last two years and are still available and willing to marry.

(Moderator hat on)

Old thread ("over" for 7 months) is being moved from the K-1 Process forum to the K-1 Case Progress subforum and is being closed.