StarlaLorien

Hi everyone,

In short, I need to withdraw an I-130 petition that was just approved so I can file it with another USCIS office.

I am a USC living in the UK. I tried to do my husband's I-130 DCF but was told to process with the US Service Center because of my residency status in the UK. THEN after many months I was told by the Rome Office that once I have sufficient UK residency I may withdraw my petition from the CSC and file with the USCIS office in London. Then, London officially told me once I withdraw my I-130 from California I can do it directly through them. They told me this a week ago. I proceeded to write a letter withdrawing my petition and just faxed it yesterday (and would send one regular post as well, if they needed it) and I just checked my email today and the CSC has approved my petition! They approved it the day before I faxed my withdrawal letter. What do I do??!?!

I'm worried I won't be able to file through London now (which would take about 3 months, including the petition getting approved, compared to all that time at the NVC with my California approved petition before going on to London.....6 months or more!!!). DCF is so much quicker and easier and I have been accepted to do it...so what do I do? I feel very panicky.

Thanks for your help.

Folinskyinla

Hi:

You made a dumb move. However, I would check with the consulate to see what should be done. You've thrown a hand grenade into the works and may have caused more delay. The question is how big was the explosion.

If you had an attorney, I hope she made a strong "CYA" letter to you for HER sake. If not, its your fault.

Good luck.

meauxna

Which one? She did what London told her to do all along.
Well, OK, she did show a little initiative by following up after London wouldn't take *her* i-130 but took them from others with identical residency in the UK.

Can it not be killed at NVC? She has not yet filed the 2nd petition.

StarlaLorien

Hi...sorry, what was my dumb move?

I was told by the head person in Rome that I could withdraw my I-130 from the CSC once I got residency status in the UK that was sufficient for the London consulate.

When someone I knew got approved for DCF having lived here the same time as me a few weeks ago, I wrote to her to ask if this now meant I had good enough residency. She asked London, who then emailed me and said to reapply at London and they would review my status. I sent a new I-130 packet off, as they instructed, and they wrote back saying, that's fine, we will adjudicate your petition here, just withdraw your I-130 from California and send us official notification it was withdrawn and we will process your case.

This was last Tuesday I got this reply in the post. So, I wrote up my withdrawl letter and faxed it to the CSC, including the letter the London USCIS sent me telling me to do so.

I faxed it yesterday, the first second I had free after working all week, and that was that. Today I came to check my email and saw the my CSC I-130 has been approved, as of June 2nd. This has all happened in a week. I was doing as I had been instructed. How was I to know my petition would be approved the same time I decided to withdraw it?

I know you are a lawyer so you know what you are talking about but what exactly have I done wrong? I don't have an attorney, I dont see why I would need one for a simple straightforward I-130 for my husband.

Rete

I'm not an attorney but from reading your post, I can't see why you can't contact the NVC or wait until you receive your paperwork from them and at that time advise them that you are dealing directly with the US Consulate/CIS in London for your husband's IR visa. Sorry, but I don't see the dumb move either.

StarlaLorien

After a very fitful night's sleep, I've tried to convince myself there is no point in worrying about the hand grenade I threw...and have decided just to figure out how to contact the NVC or the CSC.

First of all, what will happen to my faxed withdrawal letter I sent to CSC? Is my petition completely out of the CSC's hands already? If so, I will contact the NVC and withdraw, but I have no idea how that is done.

I can't call the USCIS 1-800 customer service number because I am in the UK. I would call the London consulate but I don't see what they can do other than tell me to withdraw my petition. Is there any way of getting ahold of the USCIS in the US from abroad?

Thanks for anyone that can point me in the right direction because I am now utterly paranoid about taking the next step.

Folinskyinla

Hi:

No person has a right to rely on what the government tells them absent "affirmative misconduct" [and maybe not even then]. The Supremes said so in Hansen v Schweiker. So reliance on government information is the first dumb move.

Also, she was so eager to speed up the case, she looks like she ended up delaying it.

Not my problem, its HERS.

StarlaLorien

What is "affirmative misconduct"?

Also, every single person posting on this board is relying on goverment information.

I have the letter the USCIS sent me instructing me to withdraw my petition from the California Service Center. What was dumb about me doing it?

Also, I called the NVC and they said it was fine to withdraw a petition from them, which is what I am going to do. They don't have it yet, the CSC still has it so I am going to contact them again and say "Hi, right after I sent my withdrawal letter I got the email saying my petition was approved....what should I do? The NVC said I could withdraw from them,etc"

Also, I take offence at the assumption I am trying to "speed up my case". I've lived in the UK for nearly 2 years now, I believe it's acceptable that I would want to have my case filed DCF. They said no for awhile but in the past few weeks they have changed their minds, I don't see why its a problem that I am taking them up on that. Wouldn't anyone else on this message board do the same?

Yes, I could wait because my case is already at the NVC but why should I go through all of that hassle when the London Consulate has told me I can do it directly through them?

Your posts make me very worried, they have scared me so much worrying I have done something wrong, when I haven't.

I come onto this board for advice and encouragement and normally I get that so thank you but I don't see why you are scaremongering me (and talking in legal jargon with references most of us won't get anyways).

mikookingnampyon

"affirmative misconduct" means that someone working for the Government actively did something to mislead you. If they told you something that was incorrect, and they didn't try to mislead you, you can't use that as a defense or reason for why the Government should fix you case to the way it's "supposed to be".

Rete

Again what problem? We have seen it many times that a petitioner has asked for their petition to be withdrawn and there is no problem. She appears to have followed correct procedure and has done nothing that would give her problems and/or delay her case. She is doing DCF rather than continue with the long wait for the NVC to process their end of the I-130.

I don't understand why you are forecasting doom for this young lady.

Rete

ian-mstm

Perhaps you should make an effort to "get it". There's a reason that law books are so thick - the English language is inconsistent and vague, and the law must be precise. So great pains are taken to ensure that the language is specific. While it's okay for us to talk in general terms, it can also get us into trouble if we do not understand precisely what the law is. For example, 3 months is not the same as 90 days - even though most folks think they're the same!

Ian

Folinskyinla

Hi:

"Affirmative misconduct" IS a slippery term -- it was the Supremes who used it. As I mentioned, the Supremes held that absent affirmative misconduct, no governmental liability for mistaken advice. Note that the Supremes did NOT say that liability WILL attach for "affirmative misconduct" and that is the position the government invariably takes.

Also, it can get more complicated when general "respondeat superior" liability by an employer for her employee's actions is cranked in -- the employer will be liable for an employee's negligence in the scope of her duties, but will not be liable for her deliberate violations of the law outside the scope of her duties. [I am grossly oversimplyfing this]. Look at this way, do YOU, as a taxpayer, want to be liable for the crime of a governmental employee?

In this topic -- the only thing that is sure is that you can NOT hold the government liable for bad advice.

StarlaLorien

Hey--just to update you all.

The good news is that I haven't messed anything up (yet) because my withdrawal fax more or less meant nothing. I would need my withdrawal letter to be notarized at the consulate here in Edinburgh first and sent by post.

I haven't been able to contact USCIS but I had my mom call from the US yesterday and they told her is would take 9 months for me to withdraw my petition from the NVC and go through London. I'm not sure where she is getting that from, I dont see how it can take that long to withdraw a petition, but as I cannot speak to them myself, I don't know what her explaination was.

I called the NVC and they said, yeah, withdraw it, no problems, but they didn't give any time scale (I didn't ask because I didnt think it would be that long, I called them before my mom called USCIS). They also couldnt give any specifics because NVC hadnt recieved my case yet.

I called the visa specialist line I found on travel.state.gov and the worker told me to withdraw from NVC but it would be 90 days before NVC got my petition from California. Wow....does it really take that long? I haven't read many posts on timescales for the I-130 at NVC since I was taking it one step at a time starting with the CSC.

Lastly, I emailed London and they told me it was doubtful my petition had been approved this soon, to please forward them the approval email I got, which I did just now.

So, I guess now I'll just wait and see what London says before deciding what to do. If it really takes that long to withdraw it may be quicker just keeping it as is, who knows. Does anyone have any experience in withdrawing from the NVC or know where I can get advice?

Thanks everyone.

StarlaLorien

Aahh! I can hardly believe my good fortune...which is why I am here to ask for clarification.

I emailed London again, the same guy who's been helping me since I first tried to re-file in London, those seemingly long 3 weeks ago....

I was hesitant to ask him for help at first, but I did and this the email he sent me this morning:

"Your I-130 petition was approved on 22 June 2005.

Your petition will be forwarded from the National Visa Center to the
London
Consular Section for immigrant processing.

You should obtain the original approval notice letter from your parents
and
with
that original approval notice, I would recommend you write to the
Immigrant
Visa
Unit, 5 Upper Grosvernor Street, London W1A 2JB and provide them a
photocopy
of
the approval notice; letting them know that you have the original so
that
your
spouse can perhaps start the immigrant processing. It should not take
that
long for the I-130 to reach the immigrant visa unit."

Does that mean what i think it means? That they are doing it through London for me and I don't have to withdraw anything?

I understand that there are two different sections in London that deal with Immigrant Visas...he is from USCIS, is he saying I don't need to submit another I-130 them and processing is going to start at the Immigrant Visa Unit in London? Or by saying the "NVC is going to forward it to the London Consular Section" is he just telling me that I am stuck processing it through the US until it gets sent to London?

I'm hoping for the former...

Folinskyinla

Hi:

You are understandably seeking reassurance. However, bear in mind that you are dealing with FOUR different offices of two different agencies here. You have CSC of CIS, the overseas DHS officer in London, the National Visa Center of the State Department, and the visa section of LND consulate. Tie into that that you have an approved I-130 AND a withdrawal which are floating about in two different places.

I hope this works out well for you -- but IMHO, there is no one who can give you DEFINITIVE assurance on how it will play out. Remember that advice from a government employee canNOT be, as a matter of law, be relied upon.

I don't know the answer for you, but offer you the best of luck.