N400 Withdrawal and Reapply

[ManefMelissa 26]

So guys do I need to wait USCIS to acknowledge the withdrawal or I can reapply while the withdrawal is still not done yet ? 

[JD2 160]

2 hours ago, ManefMelissa said:

So guys do I need to wait USCIS to acknowledge the withdrawal or I can reapply while the withdrawal is still not done yet ? 

Like others have said, you can go ahead and file and you'll probably be fine but if you want to keep things extra clean, then wait.  I withdrew my I-129F (K-1) and filed an I-130 (CR-1) but I did not wait for the withdrawal acknowledgment.  It took forever and came after my I-130 was approved.

[JD2 160]

9 hours ago, Dashinka said:

Curious as to why a 90 day early filing for a spousal visa (IR1/CR1) would not fall under the Involuntary Separation exception.

I guess someone would have to appeal a denial based on that to find out for sure but it's probably easier to just reapply so we may never know.

[Dashinka 26,059]

3 hours ago, ManefMelissa said:

So guys do I need to wait USCIS to acknowledge the withdrawal or I can reapply while the withdrawal is still not done yet ? 

You need to wait at least 4 more days right?

[ManefMelissa 26]

1 hour ago, JD2 said:

Like others have said, you can go ahead and file and you'll probably be fine but if you want to keep things extra clean, then wait.  I withdrew my I-129F (K-1) and filed an I-130 (CR-1) but I did not wait for the withdrawal acknowledgment.  It took forever and came after my I-130 was approved.

Ok but you withdrew 129 and you reapply for 130 which are different 

35 minutes ago, Dashinka said:

You need to wait at least 4 more days right?

Yes correct

[ManefMelissa 26]

So Can I reapply please or It will be rejected im really confused !

[JD2 160]

1 minute ago, ManefMelissa said:

So Can I reapply please or It will be rejected im really confused !

Yes, you can.

[ManefMelissa 26]

8 minutes ago, JD2 said:

Yes, you can.

Well I just asked tier 1 on phone they said it's better to wait but the thing is that the withdrawal is taking forever and want to reapply any one please had experience about this issuer ?

[top_secret 2,741]

11 hours ago, Dashinka said:

Curious as to why a 90 day early filing for a spousal visa (IR1/CR1) would not fall under the Involuntary Separation exception.

 

I went back and found a recent case I saw of someone reporting they had been denied due to not meeting the marital union requirement.  They stated that the interviewing officer told them it was a "new law" but when they subsequently posted an excerpt from their denial letter it is crystal clear that was new enforcement of an old law.  There have also been several other reports of the same denial on Facebook groups and Reddit recently.  More in the last month than I ever saw before.

 

With the caveat that it was posted on a Facebook group, it seems very credible and the excerpt from the denial letter seems legit.

 

[JD2 160]

50 minutes ago, top_secret said:

 

I went back and found a recent case I saw of someone reporting they had been denied due to not meeting the marital union requirement.  They stated that the interviewing officer told them it was a "new law" but when they subsequently posted an excerpt from their denial letter it is crystal clear that was new enforcement of an old law.  There have also been several other reports of the same denial on Facebook groups and Reddit recently.  More in the last month than I ever saw before.

 

With the caveat that it was posted on a Facebook group, it seems very credible and the excerpt from the denial letter seems legit.

 

 

Isn't the officer wrong about #4?  They filed in the 90 day window.

[ManefMelissa 26]

57 minutes ago, top_secret said:

 

I went back and found a recent case I saw of someone reporting they had been denied due to not meeting the marital union requirement.  They stated that the interviewing officer told them it was a "new law" but when they subsequently posted an excerpt from their denial letter it is crystal clear that was new enforcement of an old law.  There have also been several other reports of the same denial on Facebook groups and Reddit recently.  More in the last month than I ever saw before.

 

With the caveat that it was posted on a Facebook group, it seems very credible and the excerpt from the denial letter seems legit.

 

Yup thats the same post lead me to withdraw my own

[Rhema1 389]

9 hours ago, ManefMelissa said:

Well I just asked tier 1 on phone they said it's better to wait but the thing is that the withdrawal is taking forever and want to reapply any one please had experience about this issuer ?

If I'm at your place,I will wait until the withdrawal becomes effective before I send the new application.

If not, I can create another problem as double application at the time.

Because,if in their system the first application is not yet withdraw and second one comes,it may result as a double application under the same Alien number.

Relax a little bit and do not play gamble with your applications. It's a lot of money  and double stress. It may also go through, but they never know with USCIS.

Edited August 23 by Rhema1

[ManefMelissa 26]

12 hours ago, Rhema1 said:

If I'm at your place,I will wait until the withdrawal becomes effective before I send the new application.

If not, I can create another problem as double application at the time.

Because,if in their system the first application is not yet withdraw and second one comes,it may result as a double application under the same Alien number.

Relax a little bit and do not play gamble with your applications. It's a lot of money  and double stress. It may also go through, but they never know with USCIS.

You 100% right the reason Im rushing my self to reapply soon its my concerns about any soon change of the policy but its wise to wait till I come back with clean new application

[JD2 160]

So I emailed a local attorney asking for a quote on my spouse's upcoming N-400 and also I asked when can she file.  I gave the date of our marriage, the date she got her GC and the date we started living together (same as GC date).  The attorney said we can file 90 days early but recommended we wait a couple business days after that date to be safe.  I'm pretty sure I gave them all the info needed to tell us she should wait the full 3 years but I didn't want to bias their answer by telling them about these cases linked in this thread.

 

So it seems like even immigration attorneys are unaware of this.  I may send a follow up email but their prices are very high and I don't want to pay that much so I don't know if it's ethical to waste their time now.

[OldUser 10,321]

51 minutes ago, JD2 said:

So I emailed a local attorney asking for a quote on my spouse's upcoming N-400 and also I asked when can she file.  I gave the date of our marriage, the date she got her GC and the date we started living together (same as GC date).  The attorney said we can file 90 days early but recommended we wait a couple business days after that date to be safe.  I'm pretty sure I gave them all the info needed to tell us she should wait the full 3 years but I didn't want to bias their answer by telling them about these cases linked in this thread.

 

So it seems like even immigration attorneys are unaware of this.  I may send a follow up email but their prices are very high and I don't want to pay that much so I don't know if it's ethical to waste their time now.

In addition to VJ and Reddit, I listened to all 895 episodes of immigration show by one lawyer on YouTube. That's over 900 hrs of videos. This question and people's experiences were discussed there 20-30 times too.