whether to withdraw petition and refile or just wait.

[YEBPRI 1]

Hi ,

I filed the I 130 for my wife last year. The case went to the consulate level in Ghana and she was denied the visa under section 221g. I have found out that the case was kicked back probably because we got married by proxy. I didnt know at the time of filling that marriage by proxy cannot be used for immigration unless it has been consumated.

Now i have gone to the country met my wife and consumate the marriage. We have also done wedding which a certificate was issued to back. My problem now is the case is pending review with the USCIS now and i dont know when they will even reconsider it. I have thought about withdrawing the old case and start everything afresh. Should I wait for the old case to complete review or just refile another case with the new marriage.

[Penguin_ie 5,986]

*** Moving from K1 fiance visa to CR-1 spousal visa, as the K3 is obsolete ***

Your original petition will not be approved as you didn't have a petitionable relationship at the time of filing. You will need to withdraw it, then re-file (pay new fees, wait again etc).

[YEBPRI 1]

*** Moving from K1 fiance visa to CR-1 spousal visa, as the K3 is obsolete ***

Your original petition will not be approved as you didn't have a petitionable relationship at the time of filing. You will need to withdraw it, then re-file (pay new fees, wait again etc).

can I file the 1-129f in this case or refile 130. what references do i need to make when filing the new one in regards to the old petition . Do I need any waivers?

[Penguin_ie 5,986]

No waivers.

No I-129F, you are filing for a spousal visa, that is the I-130.

First, withdraw the old petition. The, file the new one. IN your cover letter, you can mention the old petition briefly and explain that you didn't realise proxy marriages didn't count, but you now met from X to Y date in Z place and consumated the marriage and would like to petition your wife.

However, in your first post you mentioned it was "probably" because of the proxy marriage- were there other issues? What papers was your wife given at the interview if any, what questions were asked?

[YEBPRI 1]

No waivers.

No I-129F, you are filing for a spousal visa, that is the I-130.

First, withdraw the old petition. The, file the new one. IN your cover letter, you can mention the old petition briefly and explain that you didn't realise proxy marriages didn't count, but you now met from X to Y date in Z place and consumated the marriage and would like to petition your wife.

However, in your first post you mentioned it was "probably" because of the proxy marriage- were there other issues? What papers was your wife given at the interview if any, what questions were asked?

she was asked about our wedding pictures and she told the consular that we got married by proxy. I have all other prove of relationship this is because she was my fiancee even before i made my mind to come the u.s. she provided the consular with pictures showing that we had a pre- existing relationship even before i made up my mind to come to the united states. but the consular told her that the pictures show that we were dating and not married. There was no other issues that came up.

this a summary of the letter the consular gave to her:

Dear petioner . we are unable to issue a visa to the applicant beacause she is ineligible under section 221g of the immigration and nationality act. this section prohibits the issuance of a visa to anyone whose application application does not comply with the INA or regulations issued pursuant thereto.

Im in the military and this has really stressed me out and affecting my productivity at work.

[YEBPRI 1]

Please I need more advice. Anyone helpful?

[pushbrk 12,152]

Please I need more advice. Anyone helpful?

I don't think you need MORE advice but maybe you need somebody else to give the same advice. The best case with the old petition is that USCIS will send you a Notice of Intent to Revoke (the previous approval of your petition) giving you the opportunity to present evidence that the marriage was consummated between the marriage date and filing date. You will be unable to provide such evidence because it doesn't exist. The result will be a revocation of their previous approval, without prejudice. This means you can file again. The shortcut is to simply file again with the proper evidence. When you do, include a letter withdrawing the first petition.

[ProudAfrican 5]

Hi ,

I filed the I 130 for my wife last year. The case went to the consulate level in Ghana and she was denied the visa under section 221g. I have found out that the case was kicked back probably because we got married by proxy. I didnt know at the time of filling that marriage by proxy cannot be used for immigration unless it has been consumated.

Now i have gone to the country met my wife and consumate the marriage. We have also done wedding which a certificate was issued to back. My problem now is the case is pending review with the USCIS now and i dont know when they will even reconsider it. I have thought about withdrawing the old case and start everything afresh. Should I wait for the old case to complete review or just refile another case with the new marriage.

Hello,

You have to start all over again,marriage by proxy is not recognized in immigration benefit.Restarting the process will show you are committed to each other and you will probably get her here.The pending case will remain pending and will never be reopen because you did not meet the requirement, when you apply for a new petition,the old one will be revoked instantly.

So i advice you start the new process instead of hoping there will be a miracle on the old one.

Good Luck

[Cathi 5,616]

Hello,

You have to start all over again,marriage by proxy is not recognized in immigration benefit.Restarting the process will show you are committed to each other and you will probably get her here.The pending case will remain pending and will never be reopen because you did not meet the requirement, when you apply for a new petition,the old one will be revoked instantly.

So i advice you start the new process instead of hoping there will be a miracle on the old one.

Good Luck

This is NOT true!!!!!!!!!! The old petition is not revoked instantly. The OP needs to send a letter withdrawing the original petition. If you don't now the correct answer to a question please don't answer. If someone gets wrong advice and uses it it could have a dire outcome.

[YEBPRI 1]

Thanks very much guys. Do I need to wait for the old case to be completely withdrawn before I file. I'm my country we have customary marriages and ordinance marriage. My first application I used a proxy marriage certificate that was under customary law. Now when I visited my wife we went ahead to do the ordinance marriage. In this case which marriage certificate should I use. The customary or the ordinance or both. What date of marriage should I use. Date of marriage on customary certificate is 14 September 2010 and date of marriage on ordinance certificate is 24th sept 2012. Thanks everybody for your advice. Happy Colombus day

[pushbrk 12,152]

Thanks very much guys. Do I need to wait for the old case to be completely withdrawn before I file. I'm my country we have customary marriages and ordinance marriage. My first application I used a proxy marriage certificate that was under customary law. Now when I visited my wife we went ahead to do the ordinance marriage. In this case which marriage certificate should I use. The customary or the ordinance or both. What date of marriage should I use. Date of marriage on customary certificate is 14 September 2010 and date of marriage on ordinance certificate is 24th sept 2012. Thanks everybody for your advice. Happy Colombus day

Send the withdrawal letter with the new petition. Us the non-proxy marriage certificate. No need for both.

[YEBPRI 1]

Shd I put her old a- number on the new form or I shd be silent about that

[pushbrk 12,152]

Shd I put her old a- number on the new form or I shd be silent about that

When asked a question, answer it truthfully. She has an A number. It's not "old". It's current and should be "only".

[YEBPRI 1]

Ok. Thank you very much

Any other information that someone wants to share will be very useful for me. Thanks a lot to everyone