Is it possible to reaffirm i-130 spousal petitions after withdrawal? (merged topics)

[Theodoris92 0]

Hi all,

 

So my partner, and I went through the I-130 process. It has been a long emotional roller coaster, and she had an interview at the embassy a year ago. She was issued a 1 year ineligibility due to substance abuse. This past year with CO-VID19, we fought a lot and were contemplating divorce.  I requested to cancel the petition. The embassy stated they were sending the case back to USCIS for cancellation, first to NVC and then the NVC would send it to USCIS. When contacting NVC, their replies are very automatic and they simply state "We sent your case to the embassy at ____ date (a year ago).  Is there any hope of reaffirming, or saving the i-130 petition after it has been requested to be cancelled by the petitioner? I wrote a letter of reaffirmation to the embassy, but they suggested reaching out to NVC (which are honestly not helpful). Should I be sending a signed, notarized letter to the USCIS and NVC? Does anyone know the appropriate addresses?

 

Or, is it likely I am out of luck and we will need to do go through the process again with a new petition?

 

Any and all insights, and suggestions are welcome.

[Theodoris92 0]

Also, I wanted to mention that I did email USCIS and received this "Please note, withdrawal requests are voluntary and cannot be reopened." along with a bunch of clearly copy and pasted text. Is there someone else I can contact, or someone specifically I should be pleading to?

[Theodoris92 0]

Hi,

 

Short story: I have been in a long-distance relationship with my partner (who we entered a divorce process, but now we are talking about making things work). We haven't received the judgment yet. I originally cancelled her I-130 petition, which I'm trying to save (although it looks helpless). I am now exploring doing a I-129F petition for my partner, and my stepson. We also have a 2 year old daughter who is an American citizen.

 

We are technically still "married" in her home country, although we don't know if it is too late to cancel that process (probably is) so we'll soon be "divorced". I would like to sponsor her, and my stepson to now come through the I-129F process.

 

Is that a possibility, also with the open (yet pending cancelled I-130)?

 

In submitting the petition, would I need to produce the divorce judgment, or should I explain the full context or is that more appropriate possibly at the consulate interview stage?

 

If I am understanding things correctly, the I-129F is a form where I can simply list the name of my stepson. So, the cost would be initially $535 to apply for her and it my stepson's name can be included in on there to receive a visa?

 

I appreciate any and all insight.

 

 

Edited January 3, 2021 by Theodoris92

[payxibka 10,044]

I129 is a nonimmigrant worker petition 

[Theodoris92 0]

1 minute ago, payxibka said:

I129 is a nonimmigrant worker petition 

* I-129F

 

😉

 

The fiance process is what I was trying to refer to here.

[pushbrk 12,327]

26 minutes ago, Theodoris92 said:

Also, I wanted to mention that I did email USCIS and received this "Please note, withdrawal requests are voluntary and cannot be reopened." along with a bunch of clearly copy and pasted text. Is there someone else I can contact, or someone specifically I should be pleading to?

Nothing to do but start over.  You voluntarily withdrew your petition, and you cannot legally compel the to reopen it, or as you say, reaffirm it.

[trevjburns 24]

Yes, you will need to provide divorce certificates. If you're still legally married then you won't qualify for the petition.

[Theodoris92 0]

12 minutes ago, pushbrk said:

Nothing to do but start over.  You voluntarily withdrew your petition, and you cannot legally compel the to reopen it, or as you say, reaffirm it.

 

I bet they were happy to knock one more off their plate with the backlog. I guess I'll try nudging them hoping to get someone who is empathetic, but I have kind of lost hope with that. I guess I'm having trouble understanding how rigid, and inhumane their processes are.

 

My partner and I also started a divorce process, but we are now trying to work things out (which is why I am pushing to see if they'll reopen the I-130).  I don't know if we can stop that divorce, I've inquired with an attorney in that country. We may be "divorced" if that process isn't cancelled. Do you know if we could start a fiance visa petition in that scenario? We certainly check the box of knowing each other for more than 2 years...

 

Thanks for your response.

 

Edited January 3, 2021 by Theodoris92

[Crazy Cat 40,117]

43 minutes ago, Theodoris92 said:

Also, I wanted to mention that I did email USCIS and received this "Please note, withdrawal requests are voluntary and cannot be reopened." along with a bunch of clearly copy and pasted text. Is there someone else I can contact, or someone specifically I should be pleading to?

Withdrawal are irrevocable.  

[pushbrk 12,327]

6 minutes ago, Theodoris92 said:

 

I bet they were happy to knock one more off their plate with the backlog. I guess I'll try nudging them hoping to get someone who is empathetic, but I have kind of lost hope with that. I guess I'm having trouble understanding how rigid, and inhumane their processes are.

 

My partner and I also started a divorce process, but we are now trying to work things out (which is why I am pushing to see if they'll reopen the I-130).  I don't know if we can stop that divorce, I've inquired with an attorney in that country. We may be "divorced" if that process isn't cancelled. Do you know if we could start a fiance visa petition in that scenario? We certainly check the box of knowing each other for more than 2 years...

 

Thanks for your response.

 

They set policies so they can treat people "fairly".  It wouldn't be "fair" at all to have a policy be ignored due to empathy.  It is for YOU to understand that actions have consequences.

 

They/their emotions in the matter are irrelevant to their job.

Edited January 3, 2021 by pushbrk

[Theodoris92 0]

4 minutes ago, pushbrk said:

They set policies so they can treat people "fairly".  It wouldn't be "fair" at all to have a policy be ignored due to empathy.  It is for YOU to understand that actions have consequences.

 

They/their emotions in the matter are irrelevant to their job.

Amidst a global pandemic, I would hope there would be a bit more flexibility or empathy with how this situation has put more pressure on marriages.

 

I thank you, and Lucky Cat for your responses. It seems I took a very permanent action, but a positive is that it gives us time to communicate and plan our next steps.

 

Do any of you know about if our divorce isn't revocable, if the fiance process is an option? If not, we'll likely get married again in her home country and try to do a brand new I-130.

Edited January 3, 2021 by Theodoris92

[Ryan H 3,798]

~~~Similar topics merged and merged thread moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum; multiple processes are being discussed.~~~

[Boiler 43,996]

The K1 is definitely a possibility but with so many issues a Cr1 would seem a better option.

[Rocio0010 5,577]

1 hour ago, Theodoris92 said:

Amidst a global pandemic, I would hope there would be a bit more flexibility or empathy with how this situation has put more pressure on marriages.

 

I thank you, and Lucky Cat for your responses. It seems I took a very permanent action, but a positive is that it gives us time to communicate and plan our next steps.

 

Do any of you know about if our divorce isn't revocable, if the fiance process is an option? If not, we'll likely get married again in her home country and try to do a brand new I-130.

“A bit more flexibility or empathy with how this situation has put more pressure on marriages”

 

I understand that we are humans and things get in the way. But you are just one. USCIS deals with millions of applications and they simply have no time for that empathy you’re looking for. They are already backlogged the way they are... imagine if we asked them to consider every. Single. Circumstance.

Anyways, withdrawals are irrevocable. Better get married again and start the CR1 process

[Theodoris92 0]

Ryan H - Thanks for moving the thread

Boiler - I think we will likely end up doing the same petition, I guess I'll wait and see how things play out over there if we're able to cancel that process.

Ra - I understand, due to the large volume they need to have an objective way of handling these cases. My mistake was letting anger and impulse get the best of me.

 

I think I'm good to go, I appreciate every single person who took the time to post on my thread. I should have read this forum being making my impulsive decision. I hope everyone is having a great start to their 2021. It can't be worse than 2020...right?

 

 

Edited January 3, 2021 by Theodoris92