Retract I-130 to resubmit it from abroad?

[Benpm 0]

Dear All,

My wife and I married in France (I am French, she is a USC). She has been living there with me since last September (we met 4 years ago, got engaged last year and married last October). She has a French equivalent of green card (kind of).

To handle the process and get the best advice, we decided to go through a lawyer. However, when the lawyer filed our petition, despite the fact we were living together in Paris, the lawyer used her US address on the I-130 (the G-325 lists her as living at our Paris address from September2011 to present). I am afraid that because of this, the file will go the long way (5/6 months). We got NOA1 on April 27 and nothing since then.

Since a couple weeks, my wife has returned to the US as she was offered an amazing job (and we thought our case would be processed faster).

My question is the following... Is there anyway to attract USCIS attention on the fact she was living abroad?

Alternatively, can we retract our current petition to resubmit it using ONLY the Paris address in order to benefit from auto-expedited process? Of course, I understand that in that case we have to pay the $420 again...

We are really trying to be separated for as little as possible... and also, I have several job opportunities in the US if I can get there sometime before the end of the year.

Thank you for your feedback!

Best,

Ben

[milimelo 4,739]

Let the petition be - wife has returned to the US already. You don't want to tack on more time for withdrawing petition, re-submitting (new fees as well), finding out she no longer qualifies and having to submit another I-130 state-side. The process is already long enough, just wait it out.

[Benpm 0]

Thank you. I still want to have the lawyer try to contact USCIS. There is a reason we are paying for their services and I believe they should have known about the auto expedite process. This will cost us a lot of time (away from each other, not fun) and some money (job, double rent, plane tickets...).

I wish I had spent more time on the forum prior to submitting the file. Not to mention, we could have filed right after the wedding and waited out the 5 months or so... anyways, let's move forward... we don't live in the past.

I appreciate your feedback. All the best to you!

[Ryan H 3,894]

and I believe they should have known about the auto expedite process.

USCIS will deny such an auto expedite process exists. You can even bring up what people have reported here on VJ and still get nowhere with USCIS.

[Benpm 0]

Sadly yes... I will kindly advise our lawyer to browse VJ... perhaps they will be able to help other cases

USCIS will deny such an auto expedite process exists. You can even bring up what people have reported here on VJ and still get nowhere with USCIS.

[pushbrk 13,612]

You already have your answer. Your wife does not currently reside in France, so filing a petition USING only the address in France would be FRAUD.

For all readers, you don't "use addresses". You answer questions honestly. During the process, people are asked for information about where they live now, have lived in the past, will live in the USA, and if their mailing address is different, to provide that. Not once are they asked "What address do you want to USE?" Immediately discard any thought of answering any question with false information.

[Benpm 0]

My goal is absolutely not to commit fraud It is just that at the time of filing my wife WAS residing in France. From my understanding, it is possible to have a change of address later but at the very time of filing, her home address was our address in France. Her address in the US is because she owns that house where she previously lived until moving to Paris.

I am particularly mad at the lawyer because I believe the process could have been considerably faster should have they indicated my wife's address in France. It is not a question of use... but a question of where she actually lived at that time. And that was precisely France.

I agree with you that changing this now would not be right and I will not do it. I wish there was a way to have USCIS consider the Paris address at the time of filing but this is not possible.

Thanks to this "mistake" my wife and I are being separate for longer than necessary and I am probably losing an amazing job opportunity. Thanks!

You already have your answer. Your wife does not currently reside in France, so filing a petition USING only the address in France would be FRAUD.

For all readers, you don't "use addresses". You answer questions honestly. During the process, people are asked for information about where they live now, have lived in the past, will live in the USA, and if their mailing address is different, to provide that. Not once are they asked "What address do you want to USE?" Immediately discard any thought of answering any question with false information.

[trojam227 18]

It sounds like your lawyer knew what he was doing. He was thinking down the road a few months when the affidavit of support has to be submitted and US domicile is a requirement. What good is auto-expediting a case that might be insufficiently supported later on? I think waiting it out seperately is the best thing in your case (although the hardest).

[pushbrk 13,612]

My goal is absolutely not to commit fraud It is just that at the time of filing my wife WAS residing in France. From my understanding, it is possible to have a change of address later but at the very time of filing, her home address was our address in France. Her address in the US is because she owns that house where she previously lived until moving to Paris.

I am particularly mad at the lawyer because I believe the process could have been considerably faster should have they indicated my wife's address in France. It is not a question of use... but a question of where she actually lived at that time. And that was precisely France.

I agree with you that changing this now would not be right and I will not do it. I wish there was a way to have USCIS consider the Paris address at the time of filing but this is not possible.

Thanks to this "mistake" my wife and I are being separate for longer than necessary and I am probably losing an amazing job opportunity. Thanks!

I certainly understand the emotion directed at your loss and your attorney's mistake but filing a new petition NOW, requires the questions be answered in the present tense, not the past tense, so filing NOW, as if she lives in France NOW, would be fraud. Doing it that way the first time would have been correct. It's a distinction with a difference, with that difference being the addition of "fraud".

[Benpm 0]

You are absolutely right

Case closed (figuratively speaking of course

Thanks again for your feedback and time. Everything happens for a reason... I guess we will understand that better at some point down the road.

All the best to you!

I certainly understand the emotion directed at your loss and your attorney's mistake but filing a new petition NOW, requires the questions be answered in the present tense, not the past tense, so filing NOW, as if she lives in France NOW, would be fraud. Doing it that way the first time would have been correct. It's a distinction with a difference, with that difference being the addition of "fraud".