WITHDRAWAL OF I-130

[santa cruz 0]

My husband and I filed a k-3/I-130 petition and he was interviewed on Jan. 2009. He was denied and the k-3 was sent back for further review. the denial letter states: section 212(a)(5)(A) and 9 FAM 41.81, N6.5. Since then the k-3 has expired but they have our I-130 still at uscis for further review and the uscis officer i spoke with told me it could sit there for as long as 2 years.

I have been in Syria now for 3 months and was wondering what would happen if we decided to withdraw the petition and refile by DCF?

Does anyone know if it would hurt my husband or can we front-load our DCF case and answer this I-130? OR can we just leave it and re-file an I-130 DCF?

THANKS FOR VISA JOURNEY MEMBERS BEING HERE TO HELP!

ROCK ON!!

[Olive♥ 2]

My husband and I filed a k-3/I-130 petition and he was interviewed on Jan. 2009. He was denied and the k-3 was sent back for further review. the denial letter states: section 212(a)(5)(A) and 9 FAM 41.81, N6.5. Since then the k-3 has expired but they have our I-130 still at uscis for further review and the uscis officer i spoke with told me it could sit there for as long as 2 years.

I have been in Syria now for 3 months and was wondering what would happen if we decided to withdraw the petition and refile by DCF?

Does anyone know if it would hurt my husband or can we front-load our DCF case and answer this I-130? OR can we just leave it and re-file an I-130 DCF?

THANKS FOR VISA JOURNEY MEMBERS BEING HERE TO HELP!

ROCK ON!!

Just to be safe I would contact/consult with a congress person or state rep or the uscis. The rules change time to time and I would want to be sure that I did the right thing in this case. It couldn't hurt. Best wishes to you. Olive

[morocco4ever 63]

There is an article out by Marc Ellis, a well known immigration lawyer with vast experience with returned petitions, that this would be a mistake. It would basically go through the system again, and when it got to the consulate they will again deny it based on a fraud marker on your case. This would put you even further back.

Which service center is it at? I am not sure at the moment which one is working faster, but at one time the Vermont was as slow as molasses and the California was doing much better. But I know of another case of a returned petition (K-1 I think) that has been reaffirmed, that took a little under a year.

Ours was at the California service center, and it took about 8 months from the time they received it until they sent out the NOIR, and was reaffirmed within 2 weeks from receiving my rebuttal. But you have to be careful of the advice from the USCIS. They told our representative that I should refile, and this was only a few short weeks before they sent out the NOIR. You just can't trust what they tell you.

[CnT4ever 1]

There is an article out by Marc Ellis, a well known immigration lawyer with vast experience with returned petitions, that this would be a mistake. It would basically go through the system again, and when it got to the consulate they will again deny it based on a fraud marker on your case. This would put you even further back.

Which service center is it at? I am not sure at the moment which one is working faster, but at one time the Vermont was as slow as molasses and the California was doing much better. But I know of another case of a returned petition (K-1 I think) that has been reaffirmed, that took a little under a year.

Ours was at the California service center, and it took about 8 months from the time they received it until they sent out the NOIR, and was reaffirmed within 2 weeks from receiving my rebuttal. But you have to be careful of the advice from the USCIS. They told our representative that I should refile, and this was only a few short weeks before they sent out the NOIR. You just can't trust what they tell you.

She wants to refile via DCF in Syria. Do you think the outcome would be the same as refiling with California or Vermont? Maybe a DCF would be different? Does anyone have experience going through DCF? I personally do not know. I knew only 1 couple that did filing in Syria, but they did not have red flags or a denial. They were approved immediately. To the OP, I strongly suggest you ask an immigration attorney what they suggest. You can pay a small fee for a consulatation. It's worth it to take the advice of an attorney in this matter.

[morocco4ever 63]

There is an article out by Marc Ellis, a well known immigration lawyer with vast experience with returned petitions, that this would be a mistake. It would basically go through the system again, and when it got to the consulate they will again deny it based on a fraud marker on your case. This would put you even further back.

Which service center is it at? I am not sure at the moment which one is working faster, but at one time the Vermont was as slow as molasses and the California was doing much better. But I know of another case of a returned petition (K-1 I think) that has been reaffirmed, that took a little under a year.

Ours was at the California service center, and it took about 8 months from the time they received it until they sent out the NOIR, and was reaffirmed within 2 weeks from receiving my rebuttal. But you have to be careful of the advice from the USCIS. They told our representative that I should refile, and this was only a few short weeks before they sent out the NOIR. You just can't trust what they tell you.

She wants to refile via DCF in Syria. Do you think the outcome would be the same as refiling with California or Vermont? Maybe a DCF would be different? Does anyone have experience going through DCF? I personally do not know. I knew only 1 couple that did filing in Syria, but they did not have red flags or a denial. They were approved immediately. To the OP, I strongly suggest you ask an immigration attorney what they suggest. You can pay a small fee for a consulatation. It's worth it to take the advice of an attorney in this matter.

The fraud marker will still be on her case, so I would assume that it would still need to be dealt with carefully. I agree about the lawyer. But make sure to get a qualified one. One that has experience with returned petitions. I can't stress that enough. I had contacted one when ours was denied. She had absolutely no idea what she was doing. She submitted a FOIA for me at the USCIS, not the DOS, and charged me $500.00. By the time I heard from her again concerning the FOIA I had already proceeded without her and my husband was already here. What a waste of time and money.

[santa cruz 0]

There is an article out by Marc Ellis, a well known immigration lawyer with vast experience with returned petitions, that this would be a mistake. It would basically go through the system again, and when it got to the consulate they will again deny it based on a fraud marker on your case. This would put you even further back.

Which service center is it at? I am not sure at the moment which one is working faster, but at one time the Vermont was as slow as molasses and the California was doing much better. But I know of another case of a returned petition (K-1 I think) that has been reaffirmed, that took a little under a year.

Ours was at the California service center, and it took about 8 months from the time they received it until they sent out the NOIR, and was reaffirmed within 2 weeks from receiving my rebuttal. But you have to be careful of the advice from the USCIS. They told our representative that I should refile, and this was only a few short weeks before they sent out the NOIR. You just can't trust what they tell you.

Our case is at the Vermont Service Center and they are so slow it is beyond reason. I don't want to put our case in further trouble. I have been in contact with my senators and congressman and all they been telling them is it is returned for further review. And your very right about the fact you can't trust the uscis they have proven that. Will pm you.

Thanks for your help and advise

[santa cruz 0]

There is an article out by Marc Ellis, a well known immigration lawyer with vast experience with returned petitions, that this would be a mistake. It would basically go through the system again, and when it got to the consulate they will again deny it based on a fraud marker on your case. This would put you even further back.

Which service center is it at? I am not sure at the moment which one is working faster, but at one time the Vermont was as slow as molasses and the California was doing much better. But I know of another case of a returned petition (K-1 I think) that has been reaffirmed, that took a little under a year.

Ours was at the California service center, and it took about 8 months from the time they received it until they sent out the NOIR, and was reaffirmed within 2 weeks from receiving my rebuttal. But you have to be careful of the advice from the USCIS. They told our representative that I should refile, and this was only a few short weeks before they sent out the NOIR. You just can't trust what they tell you.

She wants to refile via DCF in Syria. Do you think the outcome would be the same as refiling with California or Vermont? Maybe a DCF would be different? Does anyone have experience going through DCF? I personally do not know. I knew only 1 couple that did filing in Syria, but they did not have red flags or a denial. They were approved immediately. To the OP, I strongly suggest you ask an immigration attorney what they suggest. You can pay a small fee for a consulatation. It's worth it to take the advice of an attorney in this matter.

Yes I think it best we seek an attorney.

Thanks

[santa cruz 0]

There is an article out by Marc Ellis, a well known immigration lawyer with vast experience with returned petitions, that this would be a mistake. It would basically go through the system again, and when it got to the consulate they will again deny it based on a fraud marker on your case. This would put you even further back.

Which service center is it at? I am not sure at the moment which one is working faster, but at one time the Vermont was as slow as molasses and the California was doing much better. But I know of another case of a returned petition (K-1 I think) that has been reaffirmed, that took a little under a year.

Ours was at the California service center, and it took about 8 months from the time they received it until they sent out the NOIR, and was reaffirmed within 2 weeks from receiving my rebuttal. But you have to be careful of the advice from the USCIS. They told our representative that I should refile, and this was only a few short weeks before they sent out the NOIR. You just can't trust what they tell you.

She wants to refile via DCF in Syria. Do you think the outcome would be the same as refiling with California or Vermont? Maybe a DCF would be different? Does anyone have experience going through DCF? I personally do not know. I knew only 1 couple that did filing in Syria, but they did not have red flags or a denial. They were approved immediately. To the OP, I strongly suggest you ask an immigration attorney what they suggest. You can pay a small fee for a consulatation. It's worth it to take the advice of an attorney in this matter.

The fraud marker will still be on her case, so I would assume that it would still need to be dealt with carefully. I agree about the lawyer. But make sure to get a qualified one. One that has experience with returned petitions. I can't stress that enough. I had contacted one when ours was denied. She had absolutely no idea what she was doing. She submitted a FOIA for me at the USCIS, not the DOS, and charged me $500.00. By the time I heard from her again concerning the FOIA I had already proceeded without her and my husband was already here. What a waste of time and money.

Yes I thought that might be the case that if I withdraw it I would be doing more harm that good. Maybe we can file another i-130 at the embassy and have our proof stacked and ready for them coming at us about the first i-130. Anyways its a thought. I have been married now almost 3 years that should have counted for something when my husband went for his interview.

Thanks for your help!

[~kiyah~ 14]

There is an article out by Marc Ellis, a well known immigration lawyer with vast experience with returned petitions, that this would be a mistake. It would basically go through the system again, and when it got to the consulate they will again deny it based on a fraud marker on your case. This would put you even further back.

Which service center is it at? I am not sure at the moment which one is working faster, but at one time the Vermont was as slow as molasses and the California was doing much better. But I know of another case of a returned petition (K-1 I think) that has been reaffirmed, that took a little under a year.

Ours was at the California service center, and it took about 8 months from the time they received it until they sent out the NOIR, and was reaffirmed within 2 weeks from receiving my rebuttal. But you have to be careful of the advice from the USCIS. They told our representative that I should refile, and this was only a few short weeks before they sent out the NOIR. You just can't trust what they tell you.

She wants to refile via DCF in Syria. Do you think the outcome would be the same as refiling with California or Vermont? Maybe a DCF would be different? Does anyone have experience going through DCF? I personally do not know. I knew only 1 couple that did filing in Syria, but they did not have red flags or a denial. They were approved immediately. To the OP, I strongly suggest you ask an immigration attorney what they suggest. You can pay a small fee for a consulatation. It's worth it to take the advice of an attorney in this matter.

The fraud marker will still be on her case, so I would assume that it would still need to be dealt with carefully. I agree about the lawyer. But make sure to get a qualified one. One that has experience with returned petitions. I can't stress that enough. I had contacted one when ours was denied. She had absolutely no idea what she was doing. She submitted a FOIA for me at the USCIS, not the DOS, and charged me $500.00. By the time I heard from her again concerning the FOIA I had already proceeded without her and my husband was already here. What a waste of time and money.

M4E has provided some pretty solid advice. I would definitely seek legal counsel before withdrawing anything, because this very action could cause the marker to be placed in his record if it isn't already. I don't think filing DCF after just withdrawing a petition would protect you from this fact.

Withdrawing a petition is very different than it being closed due to expiration. Do make sure the attorney you decide to go with can demonstrate their experience and knowledge in this specific field of family immigration. The article that M4E mentions is linked in my signature, pay specific attention to the following paragraph:

"What if Petitioner simply withdraws the petition after the consulate sends it back?

The regulations are rather unformed on this question. The aggressive stance DOS has taken toward Misrepresentation would lead me to err on the side of caution. If the petitioner has a chance to respond to an NOIR letter, this aggressive position might lead to a 212(a)(6)© finding entered on the beneficiary record. "

Full Article Here:

Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

~kiyah~