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mrsada

Withdrawing an I-130 petition and I-601

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Hello everyone,

I need some help :( . My husband was denied an immigrant visa at his inteview at the begining of this year. He was told he had to apply for a waiver(I-601). I prepared all the documents for the waiver and mailed him the packet so he could take it to the U.S. Embassy. However, he still hasn't made an appointment to take the documents for the waiver to the U.S. Embassy because we had very serious problems in our relationship the past few months and we even considered a divorce. We did not speak for 2 months an our relationship was practically over. I was very dissapointed so I decided to mail a letter to USCIS 3 weeks ago asking them to withdraw his I-130 petition and the waiver (I-601) but my husband doesn't know that. We have kind of worked things out again but, I'm not sure we will get back together or not. My problem is if we do get back together how will I tell him I cancelled his

I-130 petition already. I have checked with USCIS and the NVC the status on his case online and by phone and they don't have any records yet of my request to withdraw the petition. My question is if there is any way an immigration attorney could help me to undo the request to withdraw the petition. I feel so guilty for doing things so fast, but I was very hurt. I should have thought about it before doing anything, but I was hoping anybody could tell me if there is still any hope. :( Any help will be appreciated. Thank you

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oh no!!! that is so sad. :( i don't know anything about undoing the withdrawal and things like that. i just wanted to offer advice about how you should tell your hubby though...

maybe you should contact a lawyer first and ask him if and how you can undo the withdrawal of the petition. if there is a way, then do whatever you can to undo it, and if your husband doesn't find out about it, then don't tell him. (i know that we're supposed to be honest with our loved ones no matter what, but if you can do something about it, then you can save him the pain of knowing about it right?)

if the lawyer says that you can't do anything about it...then you should tell him.

uhm...just my thought.

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Sorry. Title 8, US Code, section 103.2(b)(6):

Withdrawal
. An applicant or petitioner may withdraw an application or petition at any time until a decision is issued by USCIS or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status, based on the petition. However,
a withdrawal may not be retracted
.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11184/0-0-0-11548/0-0-0-11564.html

You need to file a new petition.


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12/29/2009 - Married in Oakland, CA!

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