NOA2 came After withdrawal

[Maria124 98]

WOKE UP ON THE RIGHT Side of THE BED, AND WALLAAAA 😱 NOA2 Receipt woke me up.. 

 

Received date: March 28, 2017

NOA1: April 3, 2017

NOA2(dated): July 28, 2017

Hard Copy: August 3, 2017 

 

Exactly 4months. 

but the worst part is, we werent expecting noA2 anymore because my F sent a withdrawal letter planning for us to get married in 2months time in my Country. 😖 

and now?!!?!?! 

 

i dont know what to do.. we dont know what to do.. 

 

best advices please..

[geowrian 22,337]

They probably just didn't get to the withdrawal letter yet. It's not an issue...you can still marry and file for the CR-1 fine.

Edited August 4, 2017 by geowrian

[Maria124 98]

13 minutes ago, geowrian said:

They probably just didn't get to the withdrawal letter yet. It's not an issue...you can still marry and file for the CR-1 fine.

you mean just disregard the K1 noa2 and proceed with us Getting married? no need to call uscis or anything?

[Blondie26 43]

14 minutes ago, Maria124 said:

you mean just disregard the K1 noa2 and proceed with us Getting married? no need to call uscis or anything?

You got nothing to loose. Go for the interview,if you get the visa FINE. If you don't, marry and file CR1.  Any which way ,You are on point. Gamble with the medical and Visa fee. Any which way you are a winner. Just my 2 cents. 

[Maria124 98]

2 hours ago, Blondie26 said:

You got nothing to loose. Go for the interview,if you get the visa FINE. If you don't, marry and file CR1.  Any which way ,You are on point. Gamble with the medical and Visa fee. Any which way you are a winner. Just my 2 cents. 

because lawyer said , what if they receive the withdrawal letter late but then i already paind for the visafee? i mean the main question is, 

 

do we need to do some acrions like Cancelling the withdrawal?? or leave it continue with the process si ce noa2 is already here??

[geowrian 22,337]

1 hour ago, Maria124 said:

because lawyer said , what if they receive the withdrawal letter late but then i already paind for the visafee? i mean the main question is, 

 

do we need to do some acrions like Cancelling the withdrawal?? or leave it continue with the process si ce noa2 is already here??

He/She's right. When they process the withdrawal letter, the I-129F with be withdrawn and the K-1 process will no longer continue, even if you have completed the medical, scheduled the interview, etc.

 

Once withdrawn, the petition will be sent back to the USCIS service center and USCIS will send a notice. I do believe it's possible to for them to reinstate the petition, but it's going to take time for them to get any such letter and do so (just like it takes time for them to process a withdrawal).

 

For the I-130, if the withdrawal is not acknowledged yet, you can include another copy of the withdrawal request when you send in the packet. You can even include a copy of the I-129F's NOA2. This will ensure that they no longer continue with the I-129F and will proceed with the I-130 for a spousal visa. This is all really unnecessary as you already submitted the withdrawal letter so you should hear back "soon", but it's a good Plan B in case they haven't acknowledged it yet.

 

Another user's experience who recently stopped the K-1 and went with a CR-1:

Really, you need to determine what you want to do - K-1 or CR-1. If K-1, then you will need to request for USCIS to reinstate the petition. If you want to get married abroad, then you can do so and file the I-130 then. They should have acknowledged the withdrawal by that time, but you can request that they do so with the I-130 packet as well. I would be vary wary of trying to proceed with the K-1 prior to hearing back from USCIS.

[LabOz 915]

How long ago did you send the withdraw letter to CSC and did you include a copy of the NOA 1?

[Maria124 98]

8 hours ago, geowrian said:

He/She's right. When they process the withdrawal letter, the I-129F with be withdrawn and the K-1 process will no longer continue, even if you have completed the medical, scheduled the interview, etc.

 

Once withdrawn, the petition will be sent back to the USCIS service center and USCIS will send a notice. I do believe it's possible to for them to reinstate the petition, but it's going to take time for them to get any such letter and do so (just like it takes time for them to process a withdrawal).

 

For the I-130, if the withdrawal is not acknowledged yet, you can include another copy of the withdrawal request when you send in the packet. You can even include a copy of the I-129F's NOA2. This will ensure that they no longer continue with the I-129F and will proceed with the I-130 for a spousal visa. This is all really unnecessary as you already submitted the withdrawal letter so you should hear back "soon", but it's a good Plan B in case they haven't acknowledged it yet.

 

Another user's experience who recently stopped the K-1 and went with a CR-1:

Really, you need to determine what you want to do - K-1 or CR-1. If K-1, then you will need to request for USCIS to reinstate the petition. If you want to get married abroad, then you can do so and file the I-130 then. They should have acknowledged the withdrawal by that time, but you can request that they do so with the I-130 packet as well. I would be vary wary of trying to proceed with the K-1 prior to hearing back from USCIS.

the advices from other Forum is really to try again, to talk to uscis. or maybe.. the nvc because now our petition is sent in there.. if they can acknowledge us Voiding the withdrawal letter .. 😖 

 

[Maria124 98]

1 hour ago, LabOz said:

How long ago did you send the withdraw letter to CSC and did you include a copy of the NOA 1?

we included a copy of noa1. but the letter my F sent was Not Notarized. no reason stated and only handwritten.. he sent it July 25,, then the date in our noa2 is July 28,, HC receive aug.3...

[LabOz 915]

Did the USCIS or NVC tell your fiance it has to be notarized? I have not heard that. The petition itself did not need to be notarized so I do not know why the withdraw letter would need to be. 

Did the USCIS tell him he need a "reason" I would not think the reason mattered. Simply things did not work out or decided to marry in other country.

 

Well congrats on the NOA 2.

[Maria124 98]

10 hours ago, LabOz said:

Did the USCIS or NVC tell your fiance it has to be notarized? I have not heard that. The petition itself did not need to be notarized so I do not know why the withdraw letter would need to be. 

Did the USCIS tell him he need a "reason" I would not think the reason mattered. Simply things did not work out or decided to marry in other country.

 

Well congrats on the NOA 2.

see what the comment in one forum.. and also i dont know if ive said it here already, rhe CsR from uscis said that, the letter is invalid because it was sent before the approval.. 

[Maria124 98]

UPDATe: 

 

got our Case Number  9days after the dated Approval .. but still no update on The withdrawal letter.. 

 

only that the Nvc, suggested for my F to send a Letter Revoking the Withdrawal letter so if ever it arrives at the USEM they will have it in their system.. 😔 and also to avoid Future problems.. 

 

things were supposed to be smooth for us but we made it craycray 😣😣

[LabOz 915]

So what is your plan at this point? Do you want to pursue the K-1 or you still want to get married?

 

Thank you for posting the USICS website sec 20.4 info. I have not seen that.

I was in a similar situation. I attempted to withdraw a I-129F BEFORE it was approved but the letter to USCIS was not in time and it was approved and forwarded to NVC.

I then attempted to contact NVC via phone and when I reached finally reached them they said file already sent to US Embassy.

So I send a letter to the US Embassy along with phone calls and emails.

Eventually they sent the approved petition BACK to NVC per my request (i never had my signature notarized, maybe once USICS decides to review it they will still ask me for it)

Her Medical and interview was never held.

 

At this time the USCIS website still says the following:

 

Department of State Sent Case to USCIS For Review

On June 2, 2017, the Department of State sent us your case, Receipt Number WACXXXXX, for review. We are reviewing it, and will notify you by mail when we are done.

 

So I have been waiting over 2 months for them to acknowledge my with draw request and the original withdraw to USCIS was sent 3 months before June.

I feel like I'm moving backwards.

 

 

[Maria124 98]

7 hours ago, LabOz said:

So what is your plan at this point? Do you want to pursue the K-1 or you still want to get married?

 

Thank you for posting the USICS website sec 20.4 info. I have not seen that.

I was in a similar situation. I attempted to withdraw a I-129F BEFORE it was approved but the letter to USCIS was not in time and it was approved and forwarded to NVC.

I then attempted to contact NVC via phone and when I reached finally reached them they said file already sent to US Embassy.

So I send a letter to the US Embassy along with phone calls and emails.

Eventually they sent the approved petition BACK to NVC per my request (i never had my signature notarized, maybe once USICS decides to review it they will still ask me for it)

Her Medical and interview was never held.

 

At this time the USCIS website still says the following:

 

Department of State Sent Case to USCIS For Review

On June 2, 2017, the Department of State sent us your case, Receipt Number WACXXXXX, for review. We are reviewing it, and will notify you by mail when we are done.

 

So I have been waiting over 2 months for them to acknowledge my with draw request and the original withdraw to USCIS was sent 3 months before June.

I feel like I'm moving backwards.

 

 

i guess wait. we cant move forward because what if, what if.. they will forward ourcase in UsEM already since i already have our MCN Number, and the. by that time.. again the USEM will see the Withdrawal letter and then send back our file in the USCIs, which i maybe that time paid my visa fee and medical. so by waiting i might have my medical expire 😫

 

how abou you now? are you pursuing the withdrawal?? or just waiting for their response to abandon your case?? 

[LabOz 915]

USCIS already has the case back and they should have my withdraw letters already. Just waiting for them to review it and issue withdraw however they many NEVER look at it and if they do the case tracker system doesn't seem to be get updated so who knows.