URGENT! How to Cancel Withdrawal Letter for I751 ROC

[VictoriaS208 178]

Hello everyone,

 

I wanted immediate assistance, or ask of anyone has gone through same process.

 

I am the USC petitioner for my husband. We were having martial issues and filed for divorce. The divorce is not yet final.

 

I had previously submitted a withdrawal letter for pettiton I130 for his son and case waa withdrawn. USCIS sent me notice of his case withdrawal. Hwoever, I have not heard back for my husbands ROC case. 

 

My husband and I decided to get back together and save our marriage. Now im worried that USCIS will cancel his case and he will get deported. I called California Service Center and was instructed to mail another letter to explain the change in decision.

 

I was infromed by IO that my husband is the petitioner now for his removal of conditions. Im hoping this is the reason USCIS have not withdrawn his case yet. Since I was the petitioner for his son, his son case was withdrawn. Im hoping my husband case is approved. 

 

Please help, has anyone been through this or know of a similar case. Thanks in advance! 

[dwheels76 5,468]

True your husband is the petitioner only he can withdraw the petition. So he should call and verify all is well.

[geowrian 22,338]

A withdrawal cannot be retracted.

That said, it was a joint petition so it will not be cancelled just by that. However, I'm unsure myself on how they will treat it....a non-joint petition generally needs a waiver (divorce, abuse, or hardship).

Edited September 16, 2019 by geowrian

[Villanelle 4,122]

As stated once a withdrawal is sent it can NOT be retracted. According to policy when either party on a joint ROC withdraws from the petition USCIS is suppose to "offer" the immigrant a chance to switch to a waiver rather then let the petition be withdrawn. This is done by sending an RFE asking for divorce decree. They dont always do this though. Recently there was someone in one of the waiver threads that a similar thing happened to them. Their spouse withdrew but instead of being offered a waiver USCIS simply closed the case and they had to refile. It may have to do with how their withdrawal letter was written or it could have just be a fluke. 

 

You should assume your withdrawal will be received and processed and the current ROC packet canceled. Send in another ROC packet (including fees) asap. You can submit the ROC more then once, so it wont be a problem. Keep on top of all correspondence from them. Proceed with the original case as long as they will let you. If you get an interview based on the first case they will be able to sort out the paperwork re the second case filing in it. 

[Brunosss 3]

2 hours ago, Villanelle said:

As stated once a withdrawal is sent it can NOT be retracted. According to policy when either party on a joint ROC withdraws from the petition USCIS is suppose to "offer" the immigrant a chance to switch to a waiver rather then let the petition be withdrawn. This is done by sending an RFE asking for divorce decree. They dont always do this though. Recently there was someone in one of the waiver threads that a similar thing happened to them. Their spouse withdrew but instead of being offered a waiver USCIS simply closed the case and they had to refile. It may have to do with how their withdrawal letter was written or it could have just be a fluke. 

 

You should assume your withdrawal will be received and processed and the current ROC packet canceled. Send in another ROC packet (including fees) asap. You can submit the ROC more then once, so it wont be a problem. Keep on top of all correspondence from them. Proceed with the original case as long as they will let you. If you get an interview based on the first case they will be able to sort out the paperwork re the second case filing in it. 

I tried to message you but you can't receive message 😂 

In case you see this I would appreciate your help:

 

I had a waiver interview on Aug 29th, it was a I751 waiver. Initially I filled jointly but since the relationship did not work for us we got divorced 3 years after the marriage.

I filled on jun 2017 for I751

In July the divorce was final and I informed the USCIS

In Dec 2018 USCIS sent me a letter asking me to amend it to a waive. I did and I sent more documents 

 

Then I got an interview schedule. The interview was fast the IO was very polite, I sent a big package to them and I added more documents to my file. The answer was  "I need to review your case and give you my decision", he also mentioned that my ex spouse sent a withdrawal letter and he said "this doesn't matter I am the one making a decision on your case" stating that what my spouse asked was not valid at that point. He asked me to tell him what happened, he did not interrupted me or asked follow up questions, he only asked about my spouse's previous marriage. My attorney said that everything went well and hopefully I will hear from them soon, my attorney inquired about a timeframe, he said that they were a little behind and he couldn't give us a timeframe. However I haven't heard yet. Some people told me that this might go to a supervisor.

What do you think?

 

 

Edited September 16, 2019 by Brunosss

[VictoriaS208 178]

1 hour ago, Brunosss said:

I tried to message you but you can't receive message 😂 

In case you see this I would appreciate your help:

 

I had a waiver interview on Aug 29th, it was a I751 waiver. Initially I filled jointly but since the relationship did not work for us we got divorced 3 years after the marriage.

I filled on jun 2017 for I751

In July the divorce was final and I informed the USCIS

In Dec 2018 USCIS sent me a letter asking me to amend it to a waive. I did and I sent more documents 

 

Then I got an interview schedule. The interview was fast the IO was very polite, I sent a big package to them and I added more documents to my file. The answer was  "I need to review your case and give you my decision", he also mentioned that my ex spouse sent a withdrawal letter and he said "this doesn't matter I am the one making a decision on your case" stating that what my spouse asked was not valid at that point. He asked me to tell him what happened, he did not interrupted me or asked follow up questions, he only asked about my spouse's previous marriage. My attorney said that everything went well and hopefully I will hear from them soon, my attorney inquired about a timeframe, he said that they were a little behind and he couldn't give us a timeframe. However I haven't heard yet. Some people told me that this might go to a supervisor.

What do you think?

 

 

Wow thank you for sharing! That gives a little bit of a relief. If USCIS cancels my withdrawal letter or not, my husband will be given an option to reapply or submit a waiver.

 

Im not sure if you case will need to go to a supervisor, but if it does you should be fine. It should be just a signature or protocol, but the IO is the one that makes the decision. As long you have the divorce decree, divorce waiver and proof of valid marriage, then you should be fine.

 

Did your biometrics get waived? I have heard sometimes the old biometrics info can get reused and waived. I also heard about the interviews sometimes get waived too.