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Larisa

Bringing my son, withdrawing and refiling I-130

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Thanks to this wonderful forum and its valuable members I found out that my US spouse can petition my son (13). I'm a fairly new Green Card holder and I have already sent the I-130 petition for alien relative under F2A and USCIS accepted it as they took their money already. As I understand, they will never issue me a refund and there is really no way for me to recover my funds when I send a new petition. I have used G-1450 for credit card authorization and I called my credit card but they said since I initially authorized them I cannot stop or dispute the payment. Maybe there is another way I haven't thought of? I won't get my hopes up if there isn't. :) 

 

Before we send in the new petition under my USC spouse, I have to deal with withdrawing the first one. I have included G-1145 for E-Notification and I'm waiting (impatiently) for my case number. Once I receive it, I will print a letter of withdrawal. Can I put that letter together with my new petition? Which will have another cover letter as well. Or should I send it separate? Or maybe even on separate days? Would it even be beneficial if I just wait for my NOA of the first petition since I assume that my son gets assigned an Alien number? Or will they be able to figure this out anyways and merge his file? I want to send the new petition as soon as possible as the situation in Nicaragua is currently not good. I'm just trying to get this all done as smooth as possible. The hassle of withdrawing the first petition really throws me off.

 

Thanks for reading and I look forward to your comments, thoughts, advice and questions if there are any :) 

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you do not need to withdraw your petition, it is possible to have 2 open petitions at the same time

so go ahead and have your spouse file for your son

 


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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16 minutes ago, Larisa said:

And what will happen if I don't withdraw? Once the slower one gets to the embassy what will happen? 

Whichever petition is faster will go to the embassy, presumably considering wait times, your son will be here by the time the slower one would reach the embassy

 

 


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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I had two petitions running for me at the same time. The slower one just lapsed at some point fairly soon after I got my green card, long before it even got near an embassy. 

 

as you already figured out, no you won’t get your filing fee on the original one back anywa so might as well just let it run.

Edited by SusieQQQ

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On 1/23/2019 at 2:25 PM, Larisa said:

I appreciate all the answers I have received. I have another question. Will the child receive the 10 year green card upon arrival? Or the 2 year conditional one?

Depends how long youve been married when he arrives. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I have another question.

 

The form asked for the Online account number. We entered it. So we're still waiting for NOA1 and we haven't gotten a case number per SMS yet. We have the case number for the first petition & the NOA letter but not yet for the one the USC spouse sent. 

 

Since we entered the online account number is it possible that the new case number will appear in myaccount.uscis.dhs.gov? 

 

Thanks again :)

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