Folinskyinla

Hi:

I'm at work and I am doing some legal research for one of my cases. As if often the case, when doing research for one case, I ran across an item applicable in another case. In your case, the applicable regulation is at 8 CFR 103.2(b)(6) which provides as follows:

"(6) Withdrawal. An applicant or petitioner may withdraw an application or petition at any time until a decision is issued by the Service or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status. However, a withdrawal may not be retracted."

Please note that this is in the general regulations on adjudication of ALL applications and petitions by the CIS. The last sentence is the kicker in your case.

meauxna

SL, looks like you're in good company.. look at this mess!
http://www.visajourney.com/forums/in...0&#entry507766

StarlaLorien

Yeah, I found that online when I was scouring the USCIS website.

I didn't actually withdraw though. My mom called USCIS and to withdraw I would need a whole lot more than a fax to CSC. It involved notaries and everything, so mine isn't withdrawn yet.

Thanks though

Folinskyinla

Hi:

Who came up with this notarization for a valid withdrawal? Never heard that one.

StarlaLorien

Two people from the USCIS Customer Service line.

Direct quote: "By the time you got the
withdrawal and went through the London channels, it would probably add
up to 9 monthes, anyway."

So, I CAN withdraw and then re-apply.I guess I couldn't just retract any withdrawal. As for the specifics,you have to:

Send a written request to the National Visa
Center. Include: last known address of beneficiary,date the
petition was filed, reason petition was withdrawn, a brief explanation, and
an original signature of the petitioner (my fax certainly didn't have that). Include petitioners address
and phone number. (Mine didnt have phone number)

This letter must be notarized by a Noter Republic (or if they don't have those in Scotland go to a U.S. Consulate in
Edinburgh and have them approve it in some legal, written form).

Also include the Approval receipt number or even a copy of the approval.
You must send this two ways: By fax to 1603 334 0759, AND by mail, to:
National Visa Center, 32 Rochester Ave., Portsmouth, New
Hampshire,03801-2909.

Whew.Luckily all I did was send a fax to the I-130 section listed on the USCIC CSC webpage.My mom just now found this out for me, but luckily I don't have to do any of it.

My concern now,though, is what to put in my letter to the Immigrant Visa Unit in London. As I was told, "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."

I have no idea what to say in this letter.

ian-mstm

Umm... that would be "notary public".

Ian

StarlaLorien

LOL....ummm, oops. That would be my mom, she was writing it down as the USCIS worker was saying it to her....and I didn't catch it myself when she forwarded it onto me.*turns red*

Folinskyinla

Hi:

Why do people continuously consider what CIS people tell them to be revealed gospel truth? It never ceases to amaze me.

And where did the CIS "worker" get that little piece of information? What authority did she cite? Remember that you CANNOT rely on what a government representative tells you if that advice should be mistaken. The Supremes have said so.

StarlaLorien

We can go around in circles about this all day. What exactly are you trying to tell me? That what the USCIS and what the London Consulate told me are wrong and that I'm screwed? That my non notarized,no original signature,fax that was sent to a place my petition was no longer at, did indeed withdraw my petition and that I now cannot get a visa for my husband, (even though I was specifically told by the London Consulate that my petition is being forwarded to them for Immigrant Processing)?

I called the NVC (which I luckily can do from abroad) and they told me I needed a notarized letter too. I don't know where everyone got their information, but as both the USCIS and the NVC say its correct, they must have gotten it from somewhere official.

If we are not supposed to get our information and advice from the USCIS and NVC regarding immigrant petitions, WHERE are we supposed to get it from?

Please tell me because everytime I get on here instead of getting advice on my letter as I asked I get told my petition is destined for disaster!!

Folinskyinla

Hi:

I have no idea what will eventually happen. All I am saying is that here is a hand grenade sitting in the room and you don't know if the pin has been pulled or might be pulled in the future.

I don't know if disaster will happen or not. However, you are seeking reassurrance that everything is OK. It may work out just fine and then again, it may not.

If I were in your shoes, I would be nervous. That is all I am saying.

meauxna

SL, do you know if NVC has your petition or not?
Are you not at/nearly at the point where it would be just as fast to let it go through NVC? If you can coordinate mailing the items they require (Agent notice, I-864 + visa app) the NVC timeline might be less than you think.

Ideas only....

brooke_d

I can't speak for anyone else on this board, and I don't know what you have in writing, and what you don't.

From what I have read on various sites, including this one, it would appear that if a person has an approved I-130 for an immediate relative, and that approved petition has been sent to the National Visa Center, that it would take approximately 2-4 months for the case to be completed at the NVC, before it's forwarded onto the consulate.

Now, I know absolutely nothing about the UK Consulate, or how long it takes to file directly at the consulate, but before withdrawing a long-awaited I-130 approval, I would want to make 1000% sure that I'm not actually going to create a longer wait by withdrawing it.

I guess I see it like having an economy-class airline ticket that I've waited for several months to arrive. I go to the check-in counter at the airport, and someone says that I can possibly get a better seat, but I first have to cancel my original ticket. So I rush off and send in a ticket cancellation request, but I don't know if it's been received, or how long it takes to cancel, or even if I followed the correct procedure to cancel. Regardless, I go back to the check-in desk, and the person who told me I could get the better seat is no longer there. So my options are: attempt to use the ticket that I might have cancelled, and hope it actually wasn't. Or, keep going back to the desk to see if I can get my better seat. Meanwhile, I call the airline, and each time I call, I get a different response.

My interpretation of this situation is that an action has been taken, and it is not yet clear what the outcome will be. It could work out fine, or it could create a lot of hassles and headaches. But, there is nothing you can do except wait and see.

StarlaLorien

Thanks everyone.

Well, FINALLY something has happened-my parents address in the US recieved a package from the NVC last week. They have sent it on to me in the UK so I don't know what it is yet.

My husband got something in the mail today from the NVC...his choice of agent form.

I'm assumming this means the NVC have our case and that we should just proceed from there. I'm beyond the point of wanting to withdraw it now to do DCF, as I'm guessing from what you have all been saying it doesnt take ages and ages at the NVC now that its there.

However, as I've been putting my efforts into figuring out DCF I don't have the foggiest idea how to do itthe "normal" way. Is there any how-to webpage thats easy to understand that would help me learn how the process goes from this point onwards?

Also, as we both live in the UK should we choose an agent in the US or just use our UK address?

Thanks everyone for all of your help.
~Alana

meauxna

hiya SL. I was just wondering about you this week...

I suggest visajourney for the NVC part; they have an entire forum devoted to counting days and fixing bar codes and deciphering dates... to your heart's content.

It really depends how fast you 'need' it to turn around and how willing you are to go with the flow. Hyper cases seem to get through in 8-10 weeks, normal timelines are 16 or so weeks. London's schedule seems busier than usual right *now*.

Essentially, NVC is going to send you papers and you are going to respond to them. First the Choice of Agent, then the I-864, then the visa application DS-230. That's about all I've gleaned.
Now would be the time to be ordering police reports if you haven't already and I don't know if you can schedule a medical early or not. The medicals schedule has been quite backed up as well.

Oh, about the agent thingie. I'd be sorely tempted to put the UK addy there.. otherwise papers will be mailed US--US--UK. Maybe, just maybe, US-UK will be more efficient.

Onward and upward!

Noorah101

Just wanted to add about the medical....from reading on here, it seems that you can't schedule a medical until you have the interview letter from London...the medical facilities ask to see the interview letter when you come in for the exam.

That's what I get from reading here...if it's wrong, someone shout and let us know.

Rene