tltypes

Interesting. I was under the impression that a "visa number must be immediately available" in order to be eligible for concurrent filing. The RFE says that we don't have a visa number immediately available, likely due to the withdrawal of the 129F. I'm thinking about replying to the RFE trying to get USCIS to overturn the withdrawal. While the chances are very low, what are the downsides? Even if I-130/I-1485 is the only path, asking will not hurt? I plan to send in a copy of the originally submitted I-129F package in my response, along with a copy of the NOA1 and NOA2. There are instances where the I-129F petition is "lost" and USCIS asks the petitioner to create another petition and mail it in in order to proceed with AOS. I think we are in a situation where we need divine intervention from God here 😄

Thank you everyone for your input. We are thinking that an I-130/new I-485 is the next thing to do. However, what are the requirements to be eligible to do the concurrent I130/I485 filing? Our RFE currently states "am immigrant visa number is not immediately available to you", which is likely because the I-129F was withdrawn, which voided the K-1 visa number in the passport that was used to enter the country. I thought I read a guide here on VJ that a visa number must be immediately available to the petitioner in order to concurrently file a I130/I485. Am I misunderstanding something here?

Hi all, We have somewhat of a difficult case before us. I submitted I-129F for my fiancee and everything was approved, they came into the country through a POE, and we were married within the 90 day window. We went through some rough times in the beginning which involved myself submitting a request to withdraw my already approved I-129F petition. We have since then reconciled and our relationship has since then improved, and we submitted for AOS before the I-129F withdrawal went through. We also completed biometrics for AOS. Recently, we received an RFE regarding the withdrawn I-129F, asking which underlying petition we are filing AOS based on. What is the best course of action here? Should we try to reason with USCIS (in RFE response) that the withdrawal of the approved I-129F was a mistake and ask them to proceed with the AOS? Should we wait for NOID and try to appeal to an immigration judge? Any input is appreciated.