limitedition

OMG! kastrs, that sounds terrible. so do you have to wait for a confirmation letter from them regarding the withdrawal before you can submit the new petition? if so then you could be waiting several months before resubmitting and then having to wait the several months to have it go through the process. that can't be, can it?? i wish they would have just told me this months ago.

taskova, my petition was supposedly sent to the embassy in july 2012 and they claimed to have contacted my fiance in august 2012 but he never received anything. my fiance is from algeria and apparently, they hold on to old petitions for at least two years because when i contacted them in october of 2014, they said that they had the petition but that they were going to send it back to USCIS since the petition expired. i sent them an email asking when they would be sending the petition back to USCIS but i never received a response. i've been calling NVC for the last 40 minutes and the line has been busy this entire time. this is usually what i've experienced when i call regardless of the time of day. how is it busy all the time????

if i send written withdrawals to both the embassy and NVC and send a new petition to USCIS shortly after sending the withdrawal letters, will USCIS not process the new petition? has anyone sent a new petition without waiting for confirmation on the old petition being withdrawn from NVC/USCIS? i just want to submit a new petition.

the thing is, i don't know where my petition is since the embassy claimed they were going to send it back to USCIS. it's been more than a month since i sent the email to the embassy, asking when they would send the petition back to USCIS and i haven't received an actual response. however, since USCIS just told me in the letter dated like 10 days ago that they're not the ones to contact about withdrawing my petition, that means that they haven't received the petition back from the embassy (unless it goes to NVC first but the embassy said they were sending it back to USCIS). i just got through to NVC's automated message, which told me to call back during business hours but these are their business hours. it just feels so hopeless because it was this difficult to get in touch with anyone the last time and on top of that, there's all this back and forth between the agencies.

this is so depressing...

again, any information is appreciated.

argh! i feel like i'm taking crazy pills! lol.

so i have spoken to about 4 different USCIS reps via telephone and i've been told that if i want to submit a new petition for a k-1 fiance visa, i have to withdraw my current petition, which is more than 2 years old (was approved by USCIS, sent to NVC then sent to embassy but they never contacted my fiance so we just gave up on it and the petition expired after four months so it was just sitting at the embassy). the last rep i spoke to sent a request for withdrawal to the service center that processed the petition. he said if the service center needed any additional information from me that they would contact me. so here we are, 3 weeks later, and i received a letter from USCIS saying that the service center that processed my petition no longer has jurisdiction over it and that i would need to contact NVC. ummm...the 4 people i spoke to at USCIS clearly knew that the petition was approved and forwarded to NVC and then to the embassy because we went over this each time i called in. so why would they tell me to contact the service center instead of NVC to withdraw the petition? i have to pray that i am able to get through to the NVC customer service # as it's always busy when i call. the reason i called USCIS multiple times is because i've received incorrect information from them before. i call more than once so that i can speak to multiple reps to see if i get the same information, which i did this time (other times it's been different from one rep to another) so i trusted that what they said was right. i even checked the USCIS website, which said the same information. i contacted NVC via email about the status of my petition not long ago and their response said they had completed the processing of my petition and forwarded it to the embassy and if i had any questions about my case, that i should contact the embassy. i feel like i'm being given the runaround since something similar happened when i was just trying to follow-up on it before.

i will be calling NVC to confirm that i have to withdraw the petition through them but i just wanted to seek out other sources (a.k.a. visa journey) that may have gone through the withdrawal process. any information is appreciated. take care!

these aren't similar threads. it's the same back story but completely different questions. based on the topic title of "should i submit a new I-129F and how to make an appointment at the u.s. embassy in algiers?", people won't know i'm asking about the IMBRA waiver. hence, the separate topic.

oh, and that 011 213 77 0082000 number is only for U.S. citizens to call in emergency situations and not for visa inquiries per the embassy's website. believe me, i'd prefer to call instead of dealing with snail-email

so the back story:

i submitted an I-129F petition for my fiance in algeria in 2012. the petition was approved and sent to the embassy in algiers, algeria in 2012. when we didn't hear anything from the embassy, we eventually gave up on the idea of my fiance moving to the states and decided i'd move to algeria. plan B didn't pan out so we decided to re-submit for the fiance visa but we wanted to find out what went wrong with our previous petition to avoid the same mistakes. despite wanting to submit a new petition, i was told by USCIS to talk to the embassy to find out the status of the old petition since they didn't have any information. i eventually got a hold of the embassy and they stated that since the petition expired in 2012, they would send the petition back to USCIS but they didn't say why. so i contacted USCIS and i was told that USCIS would have 120 days to re-review the petition and make a decision on it. if they decided to re-approve it then they'd send it back to the embassy. it's a big risk to wait these 4 months since USCIS may decide to reject the petition and we'd be back at square one after wasting 4 months instead of just re-submitting now.

so we plan on resubmitting and know that we need to submit a letter to withdraw the old petition (confirmed this with USCIS but i've received incorrect information from them multiple times so i need to call and speak to another agent to make sure). thing is, in doing my research, i've come across having to submit a waiver for IMBRA if you've had a petition approved in the last 2 years.

technically, the petition was approved in july 2012 but i submitted it in february 2012. per the USCIS I-129F instructions, the waiver should be submitted if i "previously had a k-1 petition approved and less than 2 years have passed since the filing date of such previously approved petition". so do i need to submit the IMBRA waiver with my second petition? i'm guessing that this 120-day re-review has reset the clock on this petition so yes, i would have to submit it. i'm also not sure if it matters that i'm sending a second petition for the same person as far as IMBRA waivers go.

i'll be contacting USCIS to find this out but again, i just haven't had the best experiences with them so i'd like to get the VJ community's input on this as well.

i appreciate your time and response!

hi, all!

thanks for responding. here's an update:

1. the embassy said they sent my fiance a package with instructions in 2012 but he never received it and we were both very good about checking the mail. so that sucks.

2. i eventually got a response from the embassy and they said that since the petition expired in 2012, they were going to send the petition back to USCIS. i had to contact USCIS to ask why they were sending the petition back as the embassy didn't elaborate on why they were sending it back. per the USCIS representative, when the application is sent back to USCIS from the embassy, USCIS re-reviews the petition and has 120 days to make a decision on it. despite the our petition being 2 years old, the 120-day clock starts when they receive the petition back from the embassy, which in our case would/could be in 2014 (hopefully since i don't know how dependable the postal service is considering my fiance didn't receive his informational packet and the embassy didn't give any information about when they'd be sending the package back to USCIS). if they decide to re-approve it then it will get sent back to the embassy.

i'm not sure if anyone has dealt with petitions being sent back to USCIS and having them be re-reviewed. any information would be appreciated.

thanks!

ok, so here's the situation:

we sent in the petition/application for a k-1 visa in early 2012. we got as far as the NOA2 and from what we understood, the petition/application package was sent to the embassy overseas (my fiance is algerian so they sent it to algeria). they were supposed to contact him regarding completing his portion of the process (having the medical exam, submitting his documents, etc.) but he never heard from them. no phone call. no letter in the mail. no email. nothing. they didn't send me anything either. when we contacted USCIS they said to wait and from what we read online from other people's experiences, we thought that it was normal for them to take such a long time. we eventually gave up on the k-1.

my fiance and i considered the option of me moving to algeria but we've been forced to revisit the k-1 visa. we wanted to find out what went wrong with the first petition/application before submitting a new one so that we don't make the same mistakes the second time around. we started by calling USCIS. well, after calling USCIS, the rep told me to contact the u.s. embassy in algiers and ask them for an extension of the petition. she told me that i shouldn't submit a new application because the other one was still pending at the embassy. i was also told to contact the NVC to see what happened and why we weren't contacted. the NVC phone number is almost ALWAYS busy!! lol. so while waiting to get through to them i looked up contact information for the embassy and learned that there's no telephone number to contact them with questions regarding visas. instead, i sent them an email with our information, explaining what happened and i asked them to confirm whether they contacted my fiance or what the process is when they receive the package from USCIS/NVC. when i eventually got through to the NVC, they told me what USCIS already told me, that the petition was forwarded to the embassy in algiers and to contact the embassy.

so while waiting for an email response from the embassy, i started to fill out another application and noticed that the G-325a form asked for an alien number and i was initially going to write "none" but i contacted the USCIS to see if they could give me that information. the rep i spoke to said to set up an appointment with "info pass" (i.e., my local USCIS office) and that the person at the appointment would be able to give me the alien number. so i listened to her, set up the appointment and it ended up being a complete waste of time. the agent/officer that i spoke to was unprofessional. the real issue i had was that she told me that she couldn't disclose the alien number to me, that my fiance would have to go to the u.s. embassy in algiers and get his alien number from them. she told me to have him "call" the state department but i told her that there's no number for the embassy. the only local algerian number is for american citizens to call in cases of emergency. there's no number to call with questions about visas. she insisted on me "calling the number" on a paper she gave me with the NVC's number (i already called them) and another number for NON-immigrant visas. i asked her to point out the embassy's number on the paper and after actually looking at it, she realized that there wasn't one. all she said was that my fiance had to go to the embassy and basically no one here in the u.s. (USCIS and NVC) could help me. it was all up to the embassy overseas. i contacted USCIS and asked why i was told that the info pass appointment would result in me obtaining my fiance's alien number and the rep stated she didn't know why the previous rep i spoke to would say that and she confirmed that the people at info pass/USCIS can't give out that information. she also told me to contact the embassy and that i shouldn't submit a new application despite the previous petition/application expiring.

now, each time i've told USCIS that i just wanted to submit a new petition/application, they tell me to contact the u.s. embassy in algiers to see what happened and what to do but in the same breath, i'm told that i can't request an extension for the approved petition because it's been so long. so what's the point of contacting the embassy if the petition is dead?

after all of that, these are my actual questions:

1. is it worth it to contact the u.s. embassy in algiers or should i just send in a new application (it's been more than 2 years)?

2. if my fiance does want to speak to someone at the embassy in algiers, how does he go about that? again, there's no telephone number to set up an appointment or an online process. can he just show up at the embassy and ask to speak to someone?

3. has anyone ever submitted a second I-129F for the same person?

i wanted to find out the alien number because i don't want the USCIS or embassy to issue another number for the same person and then use that as an excuse for why they don't approve the second petition. i'm not sure if two alien numbers for one person would result in red flags for USCIS or the embassy. i just want to avoid any possible issues.

any help would be GRATELY appreciated.

p.s. i don't have any of the NOAs available (lost them in a move)