Withdraw I-129F and begin again?

[Masha and Bear 0]

I filed my I-129F with only the petition form and a check. I will not bore you with the excuse for how I managed to do this, sufficient to say I feel awful and very, very foolish. On October 15th the case was accepted and it is now in "initial review". I received an I-797 form with a receipt number a few days ago.

Should I wait for an RFE and then respond with all of our materials, or should I withdraw the petition and then resubmit the I-129F will all of our evidence? I have called the USCIS help line 5 times, one time being transferred to a higher level, and all of them told me that the petition will be placed on hold and I will receive an RFE and that I should just wait for that letter and then respond.

If I withdraw does anyone have a guess as to how long before I can resubmit the petition? Any suggestions would be appreciated. I posted it on one of those free ask a lawyer sites (http://www.avvo.com/legal-answers/filed-a-i-129f-petition-without-any-supporting-mat-973939.html?callable=true&published=true) and the consensus seems to be withdraw the petition and carefully re-file the petition.

Thank you!

Patrick

[baron555 934]

I filed my I-129F with only the petition form and a check. I will not bore you with the excuse for how I managed to do this, sufficient to say I feel awful and very, very foolish. On October 15th the case was accepted and it is now in "initial review". I received an I-797 form with a receipt number a few days ago.

Should I wait for an RFE and then respond with all of our materials, or should I withdraw the petition and then resubmit the I-129F will all of our evidence? I have called the USCIS help line 5 times, one time being transferred to a higher level, and all of them told me that the petition will be placed on hold and I will receive an RFE and that I should just wait for that letter and then respond.

If I withdraw does anyone have a guess as to how long before I can resubmit the petition? Any suggestions would be appreciated. I posted it on one of those free ask a lawyer sites (http://www.avvo.com/legal-answers/filed-a-i-129f-petition-without-any-supporting-mat-973939.html?callable=true&published=true) and the consensus seems to be withdraw the petition and carefully re-file the petition.

Thank you!

Patrick

Wait for the RFE (and have all documents ready to send).....or the denial and then resubmit. Withdrawing now will just add time since you'll have to wait for them to acknowledge the withdrawal before you resubmit. If you're lucky, they will just RFE you and your petition will move on.

[Neonred 3,466]

Wait for the RFE. Since you received the NOA1 it was not automatically rejected. Have the support information ready.

[Phil & Alla 26]

If you withdraw it, they keep your money--I think and you will have to pay again Wait for the RFE

[aamirpearl 47]

I thought i read it somewhere on here that they can denied a case without giving a RFE because there is no evidence .

[Masha and Bear 0]

Thank you for your replies and thanks to all for this forum.

Not surprisingly there seem to be very few examples of petitioners that have made this massive error or omission. We would be very happy to hear from anyone who did the same thing or others who have heard of such an error.

I have called USCIS 5 times and each helpline operator told me that the case would not be rejected without an RFE, but it seems that I should not put too much confidence in what they say.

I am returning to Khabarovsk to visit over my holiday break from teaching, should we marry then and then apply for a K-3?

Is it time to lawyer up? Can they actually cut through the red tape at all?

Your insights are greatly appreciated.

[TigerFlower 61]

Be patient and leave your application where it is. Withdrawing and/or getting married and reapplying will only double your wait time. Don't waste money on a lawyer. Use this site; it has all the info and tools you need!

[baron555 934]

I have called USCIS 5 times and each helpline operator told me that the case would not be rejected without an RFE, but it seems that I should not put too much confidence in what they say.

Stop

I am returning to Khabarovsk to visit over my holiday break from teaching, should we marry then and then apply for a K-3?

No, because you already have a pending visa application. You would have to withdraw that one and wait until it is acknowledged before you try something else.

Is it time to lawyer up? Can they actually cut through the red tape at all?

Totally useless except withdrawing your money from your wallet. You are stuck. Wait

Your insights are greatly appreciated.

[elyhim 41]

I thought i read it somewhere on here that they can denied a case without giving a RFE because there is no evidence .

They can but more likely to RFE

[canadian_wife 1,802]

I assume you are missing more than the required proof of meeting within the last 2 years correct? You didn't send proof of your citizenship, G25A, letters of intent, etc?!?!

Honestly, expect a denial not an RFE with this much missing, your file is far from complete

Good luck

[VanessaTony 3,567]

As you have only sent the form and a check, you will most likely be denied which you know. Some people get RFE'd but that's typically when only a couple of things are missing. Not everything.

However! All is not necessarily lost.

See this thread here: http://www.visajourney.com/forums/topic/284658-screwed-up-just-sent-in-form-and-fee/page__view__findpost__p__4384427 in which someone did just as you did, and rectified it without having to refile. Read this thread.

Also here: http://www.visajourney.com/forums/topic/376973-i-think-i-did-the-k1-wrong-help-please/ she also sent the info prior to RFE and was received NOA2. Here is a thread similar to yours where she explains she was approved: http://www.visajourney.com/forums/topic/394961-sent-i-129f-application-form-and-check-payment-without-other-requirements/

There's no guarantee you'll be okay, but you certainly should try!

I thought i read it somewhere on here that they can denied a case without giving a RFE because there is no evidence .

Yes you're correct. When there's NO evidence they tend to deny. if there's only some evidence and bits missing then they usually RFE (or RFI)

They can but more likely to RFE

No. More likely to deny than RFE in this situation.

-----

OP - DO NOT wait for an RFE. Get on this now. keep a copy of everything you submit in case it doesn't match up and you do get RFE'd (instead of denied). You stand more of a chance of approval by sending the missing documents with a copy of your NOA1 than you do waiting for an RFE that may or may not come.

Edited October 27, 2012 by Vanessa&Tony

[Masha and Bear 0]

Wonderful! Thank you, thank you! It does not seem that it can hurt to try.

Masha and Patrick

As you have only sent the form and a check, you will most likely be denied which you know. Some people get RFE'd but that's typically when only a couple of things are missing. Not everything.

However! All is not necessarily lost.

See this thread here: http://www.visajourney.com/forums/topic/284658-screwed-up-just-sent-in-form-and-fee/page__view__findpost__p__4384427 in which someone did just as you did, and rectified it without having to refile. Read this thread.

Also here: http://www.visajourney.com/forums/topic/376973-i-think-i-did-the-k1-wrong-help-please/ she also sent the info prior to RFE and was received NOA2. Here is a thread similar to yours where she explains she was approved: http://www.visajourney.com/forums/topic/394961-sent-i-129f-application-form-and-check-payment-without-other-requirements/

There's no guarantee you'll be okay, but you certainly should try!

Yes you're correct. When there's NO evidence they tend to deny. if there's only some evidence and bits missing then they usually RFE (or RFI)

No. More likely to deny than RFE in this situation.

-----

OP - DO NOT wait for an RFE. Get on this now. keep a copy of everything you submit in case it doesn't match up and you do get RFE'd (instead of denied). You stand more of a chance of approval by sending the missing documents with a copy of your NOA1 than you do waiting for an RFE that may or may not come.

[Mike K D 1]

This is exactly what my fiancee and I did when we initially applied. We just skipped merrily over to the USCIS web forms and filled in the I-129F, slipped the check in there and then waited five months for the initial review to finish, only to be outright denied, with no sign of an RFE. I don't think the file even got to the stage where an RFE would have been possible. I would expect this to be the case with you guys, as it is simply an incomplete filing. It made us feel silly, I assure you!

Following that, we sucked it up, and resubmitted. We did it all again, and put together a pretty impressive evidential package, and it all went through smoothly. I cannot for the life of me remember where, but somewhere along the line they will ask if you have been denied previously, and what your "A Number" is. You'll be able to get that from the denial letter they'll send you, just ensure that you fill that box in, as I assume it allows them to go through and prevent it from flagging up as a duplicate.

There is no need for a lawyer at this stage. It's a simple error, but means you will likely have to start again. It will add a few months to the process for you, which is a pain, but thats the price we pay for not doing our research properly from the get go! We made this very same error last August, and at long last my visa was issued on friday. We never sent any additional evidence in, prior to the denial so I can't say how that would work, but be prepared to refile.

Good luck! And know that you're not the only ones to have made this mistake!

Mike

[Masha and Bear 0]

Thanks for your post, it is nice to now we are not alone . Our congratulations on your long awaited visa!

This is exactly what my fiancee and I did when we initially applied. We just skipped merrily over to the USCIS web forms and filled in the I-129F, slipped the check in there and then waited five months for the initial review to finish, only to be outright denied, with no sign of an RFE. I don't think the file even got to the stage where an RFE would have been possible. I would expect this to be the case with you guys, as it is simply an incomplete filing. It made us feel silly, I assure you!

Following that, we sucked it up, and resubmitted. We did it all again, and put together a pretty impressive evidential package, and it all went through smoothly. I cannot for the life of me remember where, but somewhere along the line they will ask if you have been denied previously, and what your "A Number" is. You'll be able to get that from the denial letter they'll send you, just ensure that you fill that box in, as I assume it allows them to go through and prevent it from flagging up as a duplicate.

There is no need for a lawyer at this stage. It's a simple error, but means you will likely have to start again. It will add a few months to the process for you, which is a pain, but thats the price we pay for not doing our research properly from the get go! We made this very same error last August, and at long last my visa was issued on friday. We never sent any additional evidence in, prior to the denial so I can't say how that would work, but be prepared to refile.

Good luck! And know that you're not the only ones to have made this mistake!

Mike

[Monty and Lei 0]

Thanks for your post, it is nice to now we are not alone . Our congratulations on your long awaited visa!

Same here! We filed the petition October 3, 2012 only a few days to realize we made a mistake. I posted a thread regarding these and ask the same questions and most of the advise from VJers is to cancel/withdraw the petition and re-file again as most likely we will not get an RFE but will be outright denied. We cancelled and now waiting for a confirmation letter that our petition will be withdrawn.During this time we started to gather the packets and once we get the confirmation we will re-file and submit with complete documents.