Refiling DCF in London - Notice to Withdraw

[Eastyo 100]

Hi Guys,

I have a quick question, I am about to withdraw my i130 in the US as I have found out we qualify for DCF in London. However I have been told I need to withdraw the i130 first, or basically send a copy of my letter to withdraw with my new DCF petition. I wanted to know how long after you send the letter to cancel along with the i130 does London accept and process it?. If i send a copy of the withdraw letter (and perhaps a copy of the proof of postage) with my i130 do they accept this?

Basically does London just need to see the letter or do they need to "see something on the system"? I was just wondering as it could take USCIS a while to cancel and for London to see it! or send me anything!

Thanks for your help!

[lost_at_sea 995]

When we cancelled ours, we just overnighted a letter to the service centre the case was at. They send back a receipt. I guess they want that (copy of)? We were never asked to supply anything to show the petition was cancelled, so I'm not sure.

[Eastyo 100]

When we cancelled ours, we just overnighted a letter to the service centre the case was at. They send back a receipt. I guess they want that (copy of)? We were never asked to supply anything to show the petition was cancelled, so I'm not sure.

So you refiled at London and they just put it through? Ok cool, seems like they just take your word for it that you cancelled it, we will send a copy of the cancelation letter

Edited January 21, 2014 by Eastyo

[lost_at_sea 995]

So you refiled at London and they just put it through? Ok cool, seems like they just take your word for it that you cancelled it, we will send a copy of the cancelation letter

Yeah. They didn't ask anything about the old petition - it was noted on forms where it asks about past petitions, and we just put in that it was withdrawn etc., but we didn't include any evidence of the old petition ever existing or that it was cancelled (in fact, I think we got the cancellation receipt letter after we'd already sent in the new petition to London). They didn't ask about it or want to see anything.

[Eastyo 100]

Yeah. They didn't ask anything about the old petition - it was noted on forms where it asks about past petitions, and we just put in that it was withdrawn etc., but we didn't include any evidence of the old petition ever existing or that it was cancelled (in fact, I think we got the cancellation receipt letter after we'd already sent in the new petition to London). They didn't ask about it or want to see anything.

Thanks your timeline is mega quick! i think the fastest i have seen.

Also, it asks for a police certificate for any country you have lived for 12 months or more. What about 12 months or less, how hyper sensitive are they about this? I mean i was in HK from 25th June 2012 to 14th June 2013, just shy of a year, do you think i will need one as it is a massive pain to get!

How long after your NOA1 did you get your checklist from the embassy? Apparently this is what i would need to send to the HK police to get a certificate

Thanks again for the advice

[lost_at_sea 995]

Yeah. So, if I were you, I'd send your withdrawal in ASAP (overnight it or whatever) so you have the receipt back so you *do* have it just in case they want to see it (could be a new policy thing for all I know).

Thanks your timeline is mega quick! i think the fastest i have seen.

Also, it asks for a police certificate for any country you have lived for 12 months or more. What about 12 months or less, how hyper sensitive are they about this? I mean i was in HK from 25th June 2012 to 14th June 2013, just shy of a year, do you think i will need one as it is a massive pain to get!

How long after your NOA1 did you get your checklist from the embassy? Apparently this is what i would need to send to the HK police to get a certificate

Thanks again for the advice

Well, they say 12 months... I don't know for sure how strict they are. How much of a pain is it to get from China? You could go without and hope they can count and see it's less than 365 days there (but they could quibble). Worst case in that scenario - if that was the only problem your visa application had on interview day, you would be sent away to get that certificate before they'd issue your visa.

They don't send a checklist with the approval letter (there is a checklist for the petition submission though, available on their site as a PDF). Take a look at my guide again. It'll go roughly (based on the times I've seen it taking recently):

* NOA1 after about a week or so of you sending your form (they'll email you)

* NOA2 (approval) 3 - 6 weeks after the NOA1 date.

NOA2 is two parts - first, they send a letter to the petitioner that the case was approved (that'll show up in the stamped, self-addressed envelope you included with the package). Second, they send a letter to the beneficiary to ask them to do the next parts (book medical, submit DS form, readiness form). That second letter can take 2 - 6 weeks to show up. It's not really much of a checklist, more just a link to this website: http://london.usembassy.gov/ds2001.html

You won't need the police certificate until after NOA2 - you'll take it to the interview with you (the UK police cert is also needed at the medical) and you should have it in-hand when you submit the "applicant notification of readiness" form.

Edited January 22, 2014 by lost_at_sea

[Eastyo 100]

Yeah. So, if I were you, I'd send your withdrawal in ASAP (overnight it or whatever) so you have the receipt back so you *do* have it just in case they want to see it (could be a new policy thing for all I know).

Well, they say 12 months... I don't know for sure how strict they are. How much of a pain is it to get from China? You could go without and hope they can count and see it's less than 365 days there (but they could quibble). Worst case in that scenario - if that was the only problem your visa application had on interview day, you would be sent away to get that certificate before they'd issue your visa.

They don't send a checklist with the approval letter (there is a checklist for the petition submission though, available on their site as a PDF). Take a look at my guide again. It'll go roughly (based on the times I've seen it taking recently):

* NOA1 after about a week or so of you sending your form (they'll email you)

* NOA2 (approval) 3 - 6 weeks after the NOA1 date.

NOA2 is two parts - first, they send a letter to the petitioner that the case was approved (that'll show up in the stamped, self-addressed envelope you included with the package). Second, they send a letter to the beneficiary to ask them to do the next parts (book medical, submit DS form, readiness form). That second letter can take 2 - 6 weeks to show up. It's not really much of a checklist, more just a link to this website: http://london.usembassy.gov/ds2001.html

You won't need the police certificate until after NOA2 - you'll take it to the interview with you (the UK police cert is also needed at the medical) and you should have it in-hand when you submit the "applicant notification of readiness"

form.

Thanks again. The police cert is not a huge pain, it's just my local police charge £100 for fingerprints, and

Hong Kong will only send the cert if I send a copy of the letter from the consulate saying I need them

for this visa! Not sure how to arrange that? People on the forum have

said to use the "checklist" they send you in the mail...

.... Unless you know of a way to ask the consulate for this?

[lost_at_sea 995]

Thanks again. The police cert is not a huge pain, it's just my local police charge £100 for fingerprints, and

Hong Kong will only send the cert if I send a copy of the letter from the consulate saying I need them

for this visa! Not sure how to arrange that? People on the forum have

said to use the "checklist" they send you in the mail...

.... Unless you know of a way to ask the consulate for this?

I think that's because "regular" I-130 filers get a checklist from the NVC, but DCF folks don't go through the same process.

Perhaps you can just use the document checklist on the embassy website in conjunction with the approval notice? http://london.usembassy.gov/application_documents.html

[Eastyo 100]

I think that's because "regular" I-130 filers get a checklist from the NVC, but DCF folks don't go through the same process.

Perhaps you can just use the document checklist on the embassy website in conjunction with the approval notice? http://london.usembassy.gov/application_documents.html

I thought that, but HK specifically says a letter from the embassy with my name on it proving I need this for a visa. (They send it directly to the embassy)

Others must have been in the same situation so I'm sure there is some way lol

[lost_at_sea 995]

I thought that, but HK specifically says a letter from the embassy with my name on it proving I need this for a visa. (They send it directly to the embassy)

Others must have been in the same situation so I'm sure there is some way lol

Hmmm! You could try emailing the field office in London and asking what they suggest. They're pretty responsive.