Request to unwithdraw

[Chancy 6,241]

14 hours ago, Family said:

If in case the case was already revoked (;I doubt it since there has been no notice ):, you can appeal the revocation by filing EOIR-29

 

There is no appeal for revocation of withdrawn petition --

• From https://www.uscis.gov/administrative-appeals/aao-practice-manual/chapter-3-appeals -- "Withdrawn Applications and Petitions.  A field office’s acknowledgement of a withdrawal of an application or petition may not be appealed to the AAO."
• From https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103#p-103.2(b)(15) -- "Effect of withdrawal or denial due to abandonment.  The USCIS acknowledgement of a withdrawal may not be appealed."

 

50 minutes ago, portorusa said:

If it's within 2 years since I-130 was approved, then OP can save $535 and just ask USCIS to re-start Consular processing based on the same initial petition for the immediate relative of a U.S. citizen. I-130 is valid 2 years.

 

It doesn't matter whether or when the I-130 petition was approved.  If a petition has been withdrawn, it's dead.  The petitioner must file a new petition --

• From https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103#p-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."

[JeanneAdil 6,505]

1 hour ago, portorusa said:

If it's within 2 years since I-130 was approved, then OP can save $535 and just ask USCIS to re-start Consular processing based on the same initial petition for the immediate relative of a U.S. citizen. I-130 is valid 2 years.

doesn't work like that

 

Spouse Withdraw I-130 Petition

If a husband/wife withdraws their I-130 petition for their spouse’s entry into the United States, not much can be done. The application will be denied without possibility of being reinstated.

[Family 3,988]

1 hour ago, Chancy said:

There is no appeal for revocation of withdrawn petition --

Agreed as far as no appeal ( via I-290 B ) to AAO. What is recommended is an E-29 to BIA…where policy and application of law can be addressed/ challenged .

. But in OP’ s case , I recommended it as a way to create a record of the circumstances surrounding the withdrawal and her sincere remorse and retraction…that with effort at marriage counseling becomes a tangible paper proof for OP’s spouse ( that may or may not help dispel FAKE/ FRAUD..red flags associated with him)…in case their marriage does not work out and they decide to call it quits without filing another I-130. 
Because, if OP decides not to pursue another I-130 and walks away from this marriage, her husband is royally skewered by the allegations. But as we know, many relationships can withstand tough times and I most definitely hope the best for OP.

[Rocio0010 5,579]

59 minutes ago, Family said:

her husband is royally skewered by the allegations.

He’s already skewered