tulip4heidi

I-130 petition withdraw & I-130 & I-485
Have anybody withdrawn I-130 petition? In my situation, my husband and I did not know that I-130 along with I-485, I-765, and I-131(Advance Parole) can be filed concurrently in District Office ( we have filed the whole package to California service center and they only took I-130 and sent us the rest of package) Since I would like to travel, I want to withdraw I-130 that was previously filed in California Service center and then refile I-130 with the whole package to San Bernardino District Office? Has Anybody know what to do in this case? I already sent I-130 petition withdrawl letter to the Sevice center(explaining the situation and had it public notorized). Does anybody know how long petition withdraw takes? I also filed the whole new package with new I-130 to San Bernardino District office. Does anybody ever done it in San Bernardino? Please help me!!


Another question: I am F1 student right now and do I have to keep taking full time classes in order to keep the legal status. In another words, is it illegal if I don't go to school any more for a while?


Any response will be appreciated. Thank you in advance!!

Rete

You are within status as soon as the BCIS accepts your application for adjustment of status. You answered your own questions for the most part. You already are attempting to withdraw your original I-130 and have refiled a new I-130 and subsequent documents at the local level. So that leaves your remaining questions: Who else has done such a thing and their timeline.

I know of no one who has done such a thing. The one person I do know who filed the I-130 at the service center was not able to withdraw their original application and refile. They had to wait out the approval of the I-130 before the local BCIS office would work on the EAD and A/P. Will this be the same for you? I don't know.

Perhaps one of the two attorneys who come here on occasion might deem your question worthy for answering ;-)

Rete