I-129F Fiancee Petition withdrawn during AOS - RFE

[tltypes 1]

On 8/16/2022 at 6:40 PM, Family said:

Eligible just as per prior filing, through marriage to USC thus an IR

 

 

Interesting. I was under the impression that a "visa number must be immediately available" in order to be eligible for concurrent filing. The RFE says that we don't have a visa number immediately available, likely due to the withdrawal of the 129F. 

 

I'm thinking about replying to the RFE trying to get USCIS to overturn the withdrawal. While the chances are very low, what are the downsides? Even if I-130/I-1485 is the only path, asking will not hurt? I plan to send in a copy of the originally submitted I-129F package in my response, along with a copy of the NOA1 and NOA2. There are instances where the I-129F petition is "lost" and USCIS asks the petitioner to create another petition and mail it in in order to proceed with AOS. 

 

I think we are in a situation where we need divine intervention from God here 😄

Edited August 19, 2022 by tltypes

[Family 3,779]

1 hour ago, tltypes said:

think we are in a situation where we need divine intervention from God here 😄

You are getting advice on exactly what you need to do. I am not guessing, nor have the the others that tried to tell you. Your solution is quite simple.

Do yourself a favor and consult an immigration attorney if won’t consider what you have been advised. The I-129 F once withdrawn will NOT be reinstated, and you are putting yourself through unnecessary stress and delay. 

[Happymallymute 50]

On 8/18/2022 at 8:31 PM, tltypes said:

I was under the impression that a "visa number must be immediately available" in order to be eligible for concurrent filing. The RFE says that we don't have a visa number immediately available, likely due to the withdrawal of the 129F. 

By being married to a USC, a visa number is immediately available to you when you file i-130... Which then gives you the pathway to file i-485 concurrently because the immigrant is already in the US. 

[Rocio0010 5,579]

Follow the advice given here.

And in the future, before you make such a drastic, life- impacting decision, count up to a thousand.