DCF after withdrawn I-130

[jace5869 9]

I'm going to follow their instructions and move ahead with this. My co-worker got a response on an expedite request with a week. I've yet to be looked at, responded to, or assigned after filing a request 3 times (have reference numbers) and Senator reaching out and forwarding my documents and requesting an expedite.

I e-mailed the consulate again to make sure and:
 

[Dashinka 24,635]

You can also try the USCIS Ombudsman.  I have no experience with this avenue, nor how fast it might be, but there seems to be some issue with USCIS at this stage.

 

Good Luck!

 

https://www.dhs.gov/topics/cis-ombudsman

[jace5869 9]

Just mailed off my package to the consulate. Will arrive at 9am on May 4th. Emailed them the tracking number and they are expecting it and said they would e-mail me when they are done processing it.

[jace5869 9]

So, I don't know whats going on and pretty sure I'm in a bit of an issue

 

I submitted to consulate, but now my senator responded about my expedite requests and said they should be assigning it, but when I checked myuscis I see this:

 

They will be getting my withdrawal and I don't know how to handle this situation. Obviously, I can use the NOA2 to get her a SOFA card, but I'm not sure how to proceed.

[Villanelle 4,122]

Not sure what the confusion is.  They can't accept a DCF if you have a 130 pending.  So standard procedure is to advise you of such. You then withdraw the 130 and apply for DCF.  You then may be told yes/no for DCF eligibility. 

 

This is the part where they made 'an exception'. They advised you in advance of your withdrawing that they will accept your DCF. No reason to believe they would change their minds on such. Certainly they can,  but you seem to qualify for DCF so there's no reason why they would deny it.

 

Also if you mailed a withdrawal letter then it can NEVER be undone. 

 

Move forward with the DCF. Don't attempt to use the NOA for anything because you know it is or will become invalid once the withdrawal is processed. Hopefully they can move forward with DCF promptly. You may need to contact your congressman for help in getting the withdrawal acknowledged if the Embassy advises you it hasn't been acknowledged yet and they are unable to get confirmation of the withdrawal in a timely manner on their own.

[jace5869 9]

So a quick update on my status.

 

I was approved at USCIS and the letter said t would take approximately 30-45 days to be transferred to DoS/NVC. I woke up this morning and I received my letter from DoS/NVC and my case number with HCM.

 

Question #1: The withdrawal letter is to USCIS. Does it no longer apply now since it has been handed over to DoS/NVC? Could I go through with this petition/application safely and have it expedited and transferred to Frankfurt?

 

As you already know, I have a petition submitted to Frankfurt and they are working on it. This puts me in a weird position of having two petitions at DoS level. I'm freaking out too much about it because my wife has her SOFA card now and is its way to her. She should be with me in Germany in a weeks time.

 

Question 2#: Should I just sit tight and see what happens with Frankfurt filing and not submit documents or pay fees to my other petition?

 

I was expecting things to go a lot slower and let them work themselves out, but now I'm not quite sure how to handle it. 

[Redro 4,611]

4 hours ago, jace5869 said:

So a quick update on my status.

 

I was approved at USCIS and the letter said t would take approximately 30-45 days to be transferred to DoS/NVC. I woke up this morning and I received my letter from DoS/NVC and my case number with HCM.

 

Question #1: The withdrawal letter is to USCIS. Does it no longer apply now since it has been handed over to DoS/NVC? Could I go through with this petition/application safely and have it expedited and transferred to Frankfurt?

 

As you already know, I have a petition submitted to Frankfurt and they are working on it. This puts me in a weird position of having two petitions at DoS level. I'm freaking out too much about it because my wife has her SOFA card now and is its way to her. She should be with me in Germany in a weeks time.

 

Question 2#: Should I just sit tight and see what happens with Frankfurt filing and not submit documents or pay fees to my other petition?

 

I was expecting things to go a lot slower and let them work themselves out, but now I'm not quite sure how to handle it. 

When did you send the withdrawal letter?

Before or after your NOA2?

Your wife might not want to utilize the NOA2 from the first petition...

 

[jace5869 9]

The withdrawal letter would arrive the same day i got the approval. I would say the letter will be dated the day before or after NOA2.

 

We still have our petition at Frankfurt being worked on. The only thing we used the NOA2 for was so she could be with me in Germany.

 

I e-mailed the senator again to look into the issue, and I'm awaiting decision of Frankfurt Consulate.

 

I'm not going to upload or pay any fees on the NVC website yet.

[Redro 4,611]

1 hour ago, jace5869 said:

The withdrawal letter would arrive the same day i got the approval. I would say the letter will be dated the day before or after NOA2.

 

We still have our petition at Frankfurt being worked on. The only thing we used the NOA2 for was so she could be with me in Germany.

 

I e-mailed the senator again to look into the issue, and I'm awaiting decision of Frankfurt Consulate.

 

I'm not going to upload or pay any fees on the NVC website yet.

You should not be doing anything with that first petition. 

The entire reason Frankfurt agreed to work on your case is because you said you would withdraw the I-130 at USCIS.

What happens when they give you the NOA2 and tell you "Hey @jace5869 heres that document you need to get your wife SOFA status" and you reply

"Nah, it's all good- I used the NOA2 from the petition I told you I withdrew."

I'm a fairly cautious person though. Maybe others think what you've done is okay but... did you read the link I posted above? Do you really want to play games with your wife's immigration process? 

Edited May 10, 2022 by ROK2USA

[jace5869 9]

1 hour ago, ROK2USA said:

You should not be doing anything with that first petition. 

The entire reason Frankfurt agreed to work on your case is because you said you would withdraw the I-130 at USCIS.

What happens when they give you the NOA2 and tell you "Hey @jace5869 heres that document you need to get your wife SOFA status" and you reply

"Nah, it's all good- I used the NOA2 from the petition I told you I withdrew."

I'm a fairly cautious person though. Maybe others think what you've done is okay but... did you read the link I posted above? Do you really want to play games with your wife's immigration process? 

 

I read the link. It is concerning. I'm not doing anything with that petition. I'm letting it sit at NVC and I am awaiting the consulate's response. The SOFA is already received. There is really not ties with immigration with it. 

[Redro 4,611]

22 minutes ago, jace5869 said:

 

I read the link. It is concerning. I'm not doing anything with that petition. I'm letting it sit at NVC and I am awaiting the consulate's response. The SOFA is already received. There is really not ties with immigration with it. 

I admit my understanding of SOFA is limited but your wife's card is connected to immigration because 

1.) You needed an approved I-130 to obtain your wife's card

2.) You obtained your wife's card using an approved I-130 that was withdrawn (i-130 is no longer valid even if they haven't acknowledge the withdrawal yet).

3.) The only reason you have a petition at Frankfurt is because you told them you withdrew the I-130 at USCIS. 

 

With all your worrying about getting your wife's visa on time. 

Do you really want to play with fire?

Have her go to the interview in Frankfurt only to have her refused because she entered Germany using SOFA from the I-130 you said you had withdrawn?

Nothing might happen. They might not look at when she received SOFA and when she entered Germany and how and why... 

 

Good luck to you! I really admire your perseverance and effort in getting your wife her visa.

Hopefully everything will work out. 

 

 

 

[Ontarkie 14,306]

~~One post removed as the attachment displayed personal information. You can repost the attachment after redaction~~

[jace5869 9]

Okay redacted information (names)

 

 

[jace5869 9]

Sent an e-mail to the consulate yesterday to see if there was anything missing and luckily enough this morning at 8:30 we got two emails saying we got approved. So now time to schedule medical, interview and do more docs. 6-7 days processing time...couldn't be more happier!

[myjourney123 2]

2 hours ago, jace5869 said:

Sent an e-mail to the consulate yesterday to see if there was anything missing and luckily enough this morning at 8:30 we got two emails saying we got approved. So now time to schedule medical, interview and do more docs. 6-7 days processing time...couldn't be more happier!

Congrats! Same for me this morning. 

Do you know if it only applies to Ukrainian citizens to schedule their medical exam in another doctors office in Europe? Because still, the waiting time for an appointment in Germany is insanely long. 

 

Also, we have to fill out the DS-260 and send the required documents and after they approved those we can schedule an appointment for an interview, right? 🙂