Hi all,
We have somewhat of a difficult case before us.
I submitted I-129F for my fiancee and everything was approved, they came into the country through a POE, and we were married within the 90 day window. We went through some rough times in the beginning which involved myself submitting a request to withdraw my already approved I-129F petition. We have since then reconciled and our relationship has since then improved, and we submitted for AOS before the I-129F withdrawal went through. We also completed biometrics for AOS.
Recently, we received an RFE regarding the withdrawn I-129F, asking which underlying petition we are filing AOS based on. What is the best course of action here? Should we try to reason with USCIS (in RFE response) that the withdrawal of the approved I-129F was a mistake and ask them to proceed with the AOS? Should we wait for NOID and try to appeal to an immigration judge?
Any input is appreciated.
