K-1 / i129F withdraw letter

[psr 1]

Hey guys - On one of my last topics I got a lot of help and wanted to say thanks to all who participated.

I have a new dilemma. I just filed a withdraw letter to the California Center (USCIS) to request to cancel my I129F petition, so that I can submit a new I129F. My uncle who had his interview in Phnom Penh back in November of 2009 received a 221g denial stated his marriage to be a "SHAM". I had my interview this past Feb 2010 in Phnom Penh and the CO gave us the 221g denial letter stated our relationship to be a "SHAM" as well. Thinking the end of the world at that moment in time and up to this point getting real crappy lawyer advise was to send in a cancellation letter to submit a new petition and so I did about 3 weeks ago. I even tried to convince my uncle to do the same which was advised from the goofball attorney as well, but he wanted to wait. My uncle just received a letter from the USCIS stating that he will be getting another interview in 3 months and he didn't even have to send in any additional letters (how can this be) with all of the horror stories I've heard about that you've got to do this and do that. He gets another interview without lifting a finger. To the experts out there, is it that simple, do nothing and be patient and you'll eventually get another interview.

Since I have sent in my cancellation request letter, can I send in a retraction letter to reinstate my petition or am I screwed? If he got a letter and I know my case is much stronger than his, wouldn't I receive the same letter as well?

thanks

pete

[Darnell 8,478]

Wow - such a situation !

You might want to check in with Marc Ellis, and get his advice on what to do, at this point. Google 'Marc Ellis Immigration' for his website.

[W.C. 0]

Hey guys - On one of my last topics I got a lot of help and wanted to say thanks to all who participated.

I have a new dilemma. I just filed a withdraw letter to the California Center (USCIS) to request to cancel my I129F petition, so that I can submit a new I129F. My uncle who had his interview in Phnom Penh back in November of 2009 received a 221g denial stated his marriage to be a "SHAM". I had my interview this past Feb 2010 in Phnom Penh and the CO gave us the 221g denial letter stated our relationship to be a "SHAM" as well. Thinking the end of the world at that moment in time and up to this point getting real crappy lawyer advise was to send in a cancellation letter to submit a new petition and so I did about 3 weeks ago. I even tried to convince my uncle to do the same which was advised from the goofball attorney as well, but he wanted to wait. My uncle just received a letter from the USCIS stating that he will be getting another interview in 3 months and he didn't even have to send in any additional letters (how can this be) with all of the horror stories I've heard about that you've got to do this and do that. He gets another interview without lifting a finger. To the experts out there, is it that simple, do nothing and be patient and you'll eventually get another interview.

Since I have sent in my cancellation request letter, can I send in a retraction letter to reinstate my petition or am I screwed? If he got a letter and I know my case is much stronger than his, wouldn't I receive the same letter as well?

thanks

pete

I'm sorry to hear about your situation. From personal experience, I can tell you that once USCIS receives the cancellation request letter from you, the WILL cancel your petition, even if you later call them or send in another letter to reinstate your petition. You will have to file a new one. My fiance sent in a letter to withdraw in Dec. 2009. In January, he called them/sent letter to reinstate petition, but was told it would not help. In late February, he received a letter from USCIS saying that the petition had been cancelled. We filed for a new one in March. Hope this answers your question.