DCF after withdrawn I-130

[jace5869 9]

So, I have been e-mailing the Frankfurt Consulate and told them my situation. They agreed to accept my petition, but then when I mentioned I already have a pending I-130 submitted the said they couldn't do anything and I would have to request an expedite.

 

I pleaded with them and them e-mailed me back saying :

Quote

Ok, we will make an exception. You can file with our office however you will need to send confirmation that you canceled the filed I-130 and you will have to pay the I-130 fee again. Please include a copy of this e-mail when you send the documents.

I was thinking I would write a letter with my receipt number formally requesting a withdrawal of my petition and notarize it and provide a copy of this letter and tracking number in the packet I will submit to Frankfurt. 

 

Question is, do you think that will be acceptable to them? Is there a way to withdraw a I-130 application online or through phone or live chat?

[Crazy Cat 41,850]

Actually, getting an expedite is what USCIS says MUST happen if an I-130 has already been filed for the same beneficiary.  The consulate is not allowed to accept an I-130 for the same beneficiary.  The Consulate has no discretion to waiver the rules. That is how I read the rules.

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

Edited April 28, 2022 by Crazy Cat

[jace5869 9]

I understand that statement and I was afraid of it, but what am I to believe? They told me to include the e-mail and that they will process the application. What issues could I face in this but disclosing o them I would withdraw my application? I am also living abroad as well and not in the US.

[Crazy Cat 41,850]

1 minute ago, jace5869 said:

I understand that statement and I was afraid of it, but what am I to believe? They told me to include the e-mail and that they will process the application. What issues could I face in this but disclosing o them I would withdraw my application? I am also living abroad as well and not in the US.

I think you follow the instructions from the Consulate at this point.  

[jace5869 9]

Believe me, I am 4 months in at this point with 3 expedite requests in and Senator reaching out on my behalf twice and no movement. 

 

I hate to give up $535 and 4 months waiting, but they said they would make an exception and I have just under 2 months before I need to be in a different duty station.

 

Is there any risk they would take her visa away or something? 

[Crazy Cat 41,850]

1 minute ago, jace5869 said:

Is there any risk they would take her visa away or something? 

I doubt it.....

[jace5869 9]

So it is still safe to follow the Consulate's statements and withdraw and re-submit? Do they, or not have authority to issue a visa for me?

[Crazy Cat 41,850]

49 minutes ago, jace5869 said:

So it is still safe to follow the Consulate's statements and withdraw and re-submit? Do they, or not have authority to issue a visa for me?

Hopefully, they won't change their minds.  Good luck with the rest of your journey.

[Dashinka 24,494]

4 hours ago, Crazy Cat said:

Hopefully, they won't change their minds.  Good luck with the rest of your journey.

That is the big issue here.  If the OP ends up with a different CO, they may make a different decision.

 

To the OP, did you get the consulate instructions in writing, or have the name of the CO that told you they would make an exception?

 

Good Luck!

[jace5869 9]

So, this is a snippet of the e-mail correspondence. I will not include my responses

 

I'm not sure how many officers work there, but should I ask for any names or something? They request I submit the e-mail chain to them.

[Ontarkie 14,222]

14 hours ago, jace5869 said:

Believe me, I am 4 months in at this point with 3 expedite requests in and Senator reaching out on my behalf twice and no movement. 

 

I hate to give up $535 and 4 months waiting, but they said they would make an exception and I have just under 2 months before I need to be in a different duty station.

 

Is there any risk they would take her visa away or something? 

Are you active military? It sounds like it from this post. I have not seen military denied an expedite with active orders. If so I would send in your orders and try to expedite again. 

 

From the post above it seems there is zero discretion allowed, you may have come across a CO who really doesn't know what he is talking about and when the supervisor sees what happened he may toss it all out. The interviewing CO is not the final eyes on a case they all have to go through a supervisor. 

Edited April 29, 2022 by Ontarkie

[jace5869 9]

I am not but I support them in a way that gives me consideration and I do have orders/IAL.

 

I have already submitted an expedite request 3 times, senators had done it too but USCIS hasn't assigned it to be looked at all...in 3 months.

 

I will email again today and make sure it will be accepted before withdrawing my current one.

 

In either case, as long as I get a NOA2/approval I will be good to have my wife with me. 

[Ontarkie 14,222]

It is so weird, I know with everyone trying to expedite things are taking longer. But still that is just nuts. Good luck

[SalishSea 17,829]

1 hour ago, jace5869 said:

I am not but I support them in a way that gives me consideration and I do have orders/IAL.

 

I have already submitted an expedite request 3 times, senators had done it too but USCIS hasn't assigned it to be looked at all...in 3 months.

 

I will email again today and make sure it will be accepted before withdrawing my current one.

 

In either case, as long as I get a NOA2/approval I will be good to have my wife with me. 

'Expedite' isn't what people think it is.  It is not instant.  Still takes many months.

[jace5869 9]

I understand it can take longer. I'm just confused that I've reached out so many times with myself and senator and no response or assignment.

 

It's why I contacted the consulate to see if they could make an exception since I am moving duty stations pretty soon.

 

I'm just scared of losing what I've gone through but I'm having a hard time doubting it if they said they would make the exception. I was completely transparent with them and they made sure to double check they could accept it.

Edited April 29, 2022 by jace5869