withdrawing petition and re-filing?

[racheal&david 108]

My fiancé and I got our NOA1 on Jan 9th. We're at Texas. Thing is my fiancé is thinking of taking up new employment in Kansas and obviously moving there. He currently lives in Georgia. My question is if he moves would they transfer our case to California or would it be best to withdraw our petition and then re-file with his new address/employment and thus be sent to California and that way we'd be processed a lot faster. We have a little boy so the distance and time waiting for Texas to approve is really not looking too good.

[milimelo 4,260]

No reason to withdraw or re-file. When he does move, he can call up USCIS and change his address with them. I-865 completed, printed, signed and sent even though I-864 was not yet filed also updates it. I know as I've used it for my sister's I-130.

[racheal&david 108]

No reason to withdraw or re-file. When he does move, he can call up USCIS and change his address with them. I-865 completed, printed, signed and sent even though I-864 was not yet filed also updates it. I know as I've used it for my sister's I-130.

Yes, I know we can just call up. My question was and is, since we're currently at TSC would our case be transferred to CSC in the event of a move since Kansas falls under CSC for I129f applications?

[Shauneg 762]

No it wouldn't get transferred

[Marco&Bettina 502]

Yes, I know we can just call up. My question was and is, since we're currently at TSC would our case be transferred to CSC in the event of a move since Kansas falls under CSC for I129f applications?

This has been discussed at length in another thread. I don't remember where though. The general concensus is that it would not trigger a transfer to CSC.

Possibly somewhere in this thread: http://www.visajourney.com/forums/topic/533821-tsc-anxiety-kicking-in/

Edited February 18, 2015 by Marco&Bettina

[racheal&david 108]

This has been discussed at length in another thread. I don't remember where though. The general concensus is that it would not trigger a transfer to CSC.

Possibly somewhere in this thread: http://www.visajourney.com/forums/topic/533821-tsc-anxiety-kicking-in/

Thanks. I knew it had been a topic I'd read before just couldn't find it.

[Kastrs 723]

Thanks. I knew it had been a topic I'd read before just couldn't find it.

It is not fast to withdraw a petition, would probably take more time than just going with the timeline you are on now

Edited February 18, 2015 by Kastrs

[Nich-Nick 3,353]

I think it would be foolish to start over. You have no guarantees things won't change by then and CSC goes into a slow down. It's filed and in the queue. Anything else is uncertain.

They wouldn't move your petition. It doesn't matter where he lives. Farther down the road, citizenship has to be processed in a jurisdiction where you have lived at least three months. It doesn't matter on this so why would they pick it out of storage and move it.

[racheal&david 108]

I think it would be foolish to start over. You have no guarantees things won't change by then and CSC goes into a slow down. It's filed and in the queue. Anything else is uncertain.

They wouldn't move your petition. It doesn't matter where he lives. Farther down the road, citizenship has to be processed in a jurisdiction where you have lived at least three months. It doesn't matter on this so why would they pick it out of storage and move it.

Exactly. I know this. My fiancé is feeling a bit down I think and he's considering all the "crazy" and "foolish" options. Sometimes patience is a virtue he doesn't have. Thanks again everyone.

Just gotta wade it out

[baron555 934]

My fiancé and I got our NOA1 on Jan 9th. We're at Texas. Thing is my fiancé is thinking of taking up new employment in Kansas and obviously moving there. He currently lives in Georgia. My question is if he moves would they transfer our case to California

Probably not

or would it be best to withdraw our petition and then re-file with his new address/employment and thus be sent to California

Bad idea, you'd have to pay again and go to the beginning of the line.

and that way we'd be processed a lot faster.

Maybe and maybe not. I remember when Texas was faster and then I remember when Vermont was faster but today Cali is faster, don't worry that will change.

We have a little boy so the distance and time waiting for Texas to approve is really not looking too good.

Why? Maybe an expedite is possible.

[CowBoE 429]

Exactly. I know this. My fiancé is feeling a bit down I think and he's considering all the "crazy" and "foolish" options. Sometimes patience is a virtue he doesn't have. Thanks again everyone.

Just gotta wade it out

I also think it's better to stick to the original filing.

If you refile, I don't know if that will get you into a situation

where they question you guys on why the first filing was cancelled...

and possibly cause bit of hiccup.

[raven52 233]

As hard as it is, stay the course, as with drawing a petition, will for sure "put up red flags" have you thought of that?

Also, as someone else said, you are guaranteed nothing by moving and re-filing.

NO VISA is easy, or a short period of time, it is a difficult, long and sometimes painful journey.

My wife went through Vermont, was supposed to be 5 1/2 months, she P.O.E. Atlanta, 10 months and 4 days, from NOA 1!

Patience is required, and be prepared for set backs, and be thankful, if there is none!

Time will pass, and you will look back and it will be oh so worth it!

Good Luck, and patience please!

[Pishi_Pishi 63]

I just recently spoke with someone who was approved in California in 10 days. I really don't know what are procedures and how long it takes to withdraw petition, but I would not mind paying again to skip of 6 months of additional stress if cancelling petition is an easy task. TX is taking now 6-7 months. I waited 6 months and that time is brutal. Good Luck.

[dwheels76 5,463]

Exactly. I know this. My fiancé is feeling a bit down I think and he's considering all the "crazy" and "foolish" options. Sometimes patience is a virtue he doesn't have. Thanks again everyone.

Just gotta wade it out

Even if you withdrew your petition and refiled you have no guarantee you wouldn't end up right back at TSC. Just stay the course it will be over soon.

[Nich-Nick 3,353]

I just want to say that the wait does not have to be "brutal". Mail it in. Sign up for text or email updates. Mark your calendar for 7 months down the road and forget about it. Don't check your status hoping some act of God got you approved in two week or two months. You are setting yourself up for disappointment every time you log in to check your status. Don't hang on VJ reading about other approvals. There is nothing especially helpful to learn in K1 once you file. Every consulate has different procedures, so learning what somebody "heard" about Manila or Montreal won't help you in another country. If you read about somebody's RFE it will only make you second guess if you made the same mistake on your file. If you hear of fast approvals, you feel cheated. You are choosing to feel bad by reading all that. If you are "misery loves company" kind of person then expect it to feel more brutal than it has to, especially if you are a sensitive, emotional person.

Get on with you normal life knowing in seven months you you can start the next step. Enjoy communicating with your fiancé like you did before engagement. Flirt instead of moaning about the process. Better yet, start learning the next step in your regional forum, not K1 Progress forum. Google "US Embassy [City]" and find your specific K1 instructions. Don't be that person who starts a thread "Approved. Now what?"