Canceling then un-canceling petition

[h02ejmajja 48]

Hi - not my case, my husband already here and has citizenship. 

 

Another couple I know from online - petitioner filed I-130 for spouse October 2022. 

Petitioner and beneficiary got into big argument, and she sent letter via USPS 8/16/23 to withdraw the petition. 

Next day, her and beneficiary made up and she was remorseful of having sent letter. 

 

Went to immigration attorney who advised her to write another letter withdrawing the first one. 

Wrote letter and uploaded it in the "documents" section of their case on 8/27/23 indicating that she had previously sent letter through the mail withdrawing their petition but wanted to cancel that. 

 

On 9/1/23 their case changed to "Active Review" and was then approved by USCIS same day. 

 

After she wrote the first letter, my advice to her had been to wait and when that letter was acknowledged, to re-file. 

 

What could the situation be now? If USCIS has NOT seen the first letter, can they still cancel the petition now that it's technically en route to NVC? 

Is it possible that they were "actively reviewing" her case BECAUSE they had received the letter and noticed the second one as well? 

 

Should they just proceed with NVC and hope for the best? 

 

[Boiler 43,543]

I have seen this a few times and they have acted on the first letter.

 

I certainly do not see every case on here and VJ is just a small percentage anyway so it does seem to me that she has done all she can to keep the current petition alive.

 

I would be prepared to file a new I 130.

[Boiler 43,543]

The other issue is of course if it does make it to the Consulate, need to be prepared for additional questions. But that goes to the totality of the relationship.

[Crazy Cat 39,336]

I seem to remember a fairly recent case which involved withdrawing a fiance petition. Although, the person thought he later withdrew the original letter, a subsequent adjustment of status was denied because USCIS acted on the first letter.  USCIS considered the 1st letter to be final. 

I would file a new I-130.

Edited September 3, 2023 by Crazy Cat

[SalishSea 16,806]

8 hours ago, h02ejmajja said:

Hi - not my case, my husband already here and has citizenship. 

 

Another couple I know from online - petitioner filed I-130 for spouse October 2022. 

Petitioner and beneficiary got into big argument, and she sent letter via USPS 8/16/23 to withdraw the petition. 

Next day, her and beneficiary made up and she was remorseful of having sent letter. 

 

Went to immigration attorney who advised her to write another letter withdrawing the first one. 

Wrote letter and uploaded it in the "documents" section of their case on 8/27/23 indicating that she had previously sent letter through the mail withdrawing their petition but wanted to cancel that. 

 

On 9/1/23 their case changed to "Active Review" and was then approved by USCIS same day. 

 

After she wrote the first letter, my advice to her had been to wait and when that letter was acknowledged, to re-file. 

 

What could the situation be now? If USCIS has NOT seen the first letter, can they still cancel the petition now that it's technically en route to NVC? 

Is it possible that they were "actively reviewing" her case BECAUSE they had received the letter and noticed the second one as well? 

 

Should they just proceed with NVC and hope for the best? 

 

Does the mailed letter cancelling the petition appear in their documents online?

[JeanneAdil 6,209]

 

USCIS and NVC are different parts of this process

but i would think when NVC gets the notice of petition approved and has the withdrawal letter to match with case # ,  the USC will need to file new petition and pay new fees

 

she chose to withdrawal the petition and its done

they should be prepared for this issue to come up at interview