Withdrawal retraction

[MsNina 184]

8 minutes ago, Alabamak1 said:

if the withdrawal was accepted, they will not send a NOA-2 IMO. The file will stay in limbo and no further will be done. If they further processed it, which is what you want now...you should get a NOA-2

Right. So they have to go through the mail. Lol. But that could take awhile ..so thats why we sent a new one immediately. I should be hearing in a few days. But i am so nervous.☹

[Ann&James 179]

Just now, TNJ17 said:

Oh! I think you’re gonna have to let it play out unfortunately. 

Op has to be careful  because I read recently where someone was denied citizenship because of a withdrawn K-1 that was continued 

 

[MsNina 184]

6 minutes ago, TNJ17 said:

Oh! I think you’re gonna have to let it play out unfortunately. 

Thanks. Well i saw someone here who had a similar situation but there was no attempt to retract. The petition and visa was issued..then years letter..the withdrawal request surfaced and now they are invalidating her status. So at this point im glad i said something. But we are so close. I dread starting over from scratch.

[geowrian 22,337]

It's possible they will approve the I-129F before they even read your withdrawal. However, once they do see it, they could request return of the petition and withdraw it then. I'm not aware of a method to bring an I-129F back to life once it is killed.

[TNJ17 1,329]

16 minutes ago, MsNina said:

Thanks. Well i saw someone here who had a similar situation but there was no attempt to retract. The petition and visa was issued..then years letter..the withdrawal request surfaced and now they are invalidating her status. So at this point im glad i said something. But we are so close. I dread starting over from scratch.

What I meant by letting it play out is you’re gonna have go through with the withdrawal and file another petition exactly because of those reasons. 

[MsNina 184]

8 minutes ago, TNJ17 said:

What I meant by letting it play out is you’re gonna have go through with the withdrawal and file another petition exactly because of those reasons. 

Well thats one thought. I will share my results lately for anyone else that may have this issue in the future.

[Shiran 1,134]

4 hours ago, MsNina said:

I want to continue with the petition. However i sent a request to withdraw due to this stress of waiting...and unknowing our fate together.

It seems if you do let withdrawal play out, restarting with same person will increase your burden of proof on bona fide relationship

Quote

Where a visa petition has once been withdrawn, any subsequently filed visa petition involving the same petitioner and beneficiary must include at the time of filing: (1) an explanation of the prior withdrawal and (2) evidence supporting the bona fides of the parties' relationship. The BIA has held that “[t]he petitioner bears a heavy burden to establish the bona fides of the marital relationship in the case of a prior visa petition withdrawal and an admission of a fraudulent marriage, and, absent the submission of the previously related materials at the time of filing, a district director can reasonably deny the petitioner based on the admission made in conjunction with the prior withdrawal”

It seems, if you do indeed want to cancel the withdrawal, making infopass appointment and having formal withdrawal of withdrawal request would be best.

 

As an aside, I understand the subtle  gnawing feeling of uncertainty, when you don't know what the future hold, and lack of frequent contact and long distance takes it toll. Try to sleep, and write things down before making big decisions, and do your best to talk talk talk to your partner. Regardless of being apart, none of us should be alone. Best of luck to you, whatever you decide!

[MsNina 184]

6 hours ago, geowrian said:

It's possible they will approve the I-129F before they even read your withdrawal. However, once they do see it, they could request return of the petition and withdraw it then. I'm not aware of a method to bring an I-129F back to life once it is killed.

Right. But now the cat is out the bag. Right now its still alive. That is why i am trying to save us. 🙏🏿😢 They say honesty is the best policy.

[MsNina 184]

1 hour ago, Shiran said:

It seems if you do let withdrawal play out, restarting with same person will increase your burden of proof on bona fide relationship

It seems, if you do indeed want to cancel the withdrawal, making infopass appointment and having formal withdrawal of withdrawal request would be best.

 

As an aside, I understand the subtle  gnawing feeling of uncertainty, when you don't know what the future hold, and lack of frequent contact and long distance takes it toll. Try to sleep, and write things down before making big decisions, and do your best to talk talk talk to your partner. Regardless of being apart, none of us should be alone. Best of luck to you, whatever you decide!

Thank you so much. Unable to make infopass appointment. My local office is not taking any appointments. So i had to seek assistance from my Congress person. That will be the fastest course of action as they said it should only be a few days. Our relationship is definitely real. They should understand its real now ..lots of people outside of this process break up to make up. There was never any real seperation we have continued communicating since i sent the letter. 😢

[Hypnos 6,576]

A withdrawal request cannot itself be withdrawn. 

 

8 USC 103.2(b)(6)

 

"Withdrawal. An applicant or petitioner may withdraw a benefit request 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."

 

So you would need to start over with a fresh petition if you wish to continue with the process. 

 

Edited August 22, 2018 by Hypnos

[hellofromme 34]

So let me see if I can translate what I think happened. you filed a K1 4 months ago. For whatever reason, you (i imagine) get ticked at your fiancee (or she got ticked at you, doesn't really matter) and instead of acting like a rational adult (and knowing an NOA2 isn't coming for MONTHS) and wait awhile to cool off/ see what happens/etc, write a letter to withdraw it and send it in. You make up. Happy rainbows and unicorns again. 

 

But ... now your rash decision has you screwed. 

 

You can NOT withdraw a ... withdrawal (as posted by the person above)

 

So NOW.... you have to REFILE the K1 (and likely have to explain whether to USCIS or the interviewing officer at the Consulate what happened AND according to the thread referenced above may cause possible naturalization or AOS issues), pay an additional $565, and add MORE wait time to an already long process. 

 

May this be a lesson to never act in the heat of the moment. 

[MsNina 184]

25 minutes ago, hellofromme said:

So let me see if I can translate what I think happened. you filed a K1 4 months ago. For whatever reason, you (i imagine) get ticked at your fiancee (or she got ticked at you, doesn't really matter) and instead of acting like a rational adult (and knowing an NOA2 isn't coming for MONTHS) and wait awhile to cool off/ see what happens/etc, write a letter to withdraw it and send it in. You make up. Happy rainbows and unicorns again. 

 

But ... now your rash decision has you screwed. 

 

You can NOT withdraw a ... withdrawal (as posted by the person above)

 

So NOW.... you have to REFILE the K1 (and likely have to explain whether to USCIS or the interviewing officer at the Consulate what happened AND according to the thread referenced above may cause possible naturalization or AOS issues), pay an additional $565, and add MORE wait time to an already long process. 

 

May this be a lesson to never act in the heat of the moment. 

Thank you. But i dont need any negativity

[MsNina 184]

1 hour ago, Hypnos said:

A withdrawal request cannot itself be withdrawn. 

 

8 USC 103.2(b)(6)

 

"Withdrawal. An applicant or petitioner may withdraw a benefit request 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."

 

So you would need to start over with a fresh petition if you wish to continue with the process. 

 

It says a withdrawal..not a withdrawal request. It has not been withdrawn.

[emekus94 1,125]

8 minutes ago, MsNina said:

It says a withdrawal..not a withdrawal request. It has not been withdrawn.

It sounds to me that you're stuck on the technicality
What most of us are trying to caution you about is future problems. You don't want to go all the way to the end and waste YEARS only to be told you sent a letter.

A letter has ALREADY been sent. You cannot recant a letter- it doesn't work that way
I think your best shot is to go through with that letter and ENSURE that your first case is dead. Call USCIS and get it in writing that they cancelled that petition.

Then come back and refile.
That's much easier for you and your fiance long term with immigration - but yes, more expensive and more time wasted
I wish you luck.

Edited August 22, 2018 by emekus94

[MsNina 184]

2 minutes ago, emekus94 said:

It sounds to me that you're stuck on the technicality
What most of us are trying to caution you about is future problems. You don't want to go all the way to the end and waste YEARS only to be told you sent a letter.

A letter has ALREADY been sent. You cannot recant a letter- it doesn't work that way
I think your best shot is to go through with that letter and ENSURE that your first case is dead. Call USCIS and get it in writing that they cancelled that petition.

Then come back and refile.
That's much easier for you and your fiance long term with immigration - but yes, more expensive and more time wasted
I wish you luck.

Technicality or not. I dont need the negativity. I am here for support. Under the advice of legal and an immigration officer. I was told to send another letter explaining. Everything can be fixed. Things happen. I am not the 1st and wont be the last.