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Immigration Issues/I 485 application error



I'm a US citizen, my wife is on an F-1 student visa and we recently filed her 485 application package. Unfortunately, I made the error of filing the I-130 petition separately at VSC, rather than sending everything (including 485, 765 etc.) to Chicago for concurrent filing.  The I-130 processing at VSC is extremely slow so I subsequently sent them a letter to withdraw the I-130, so that we could do a fresh concurrent filing in Chicago.  Not surprisingly, I haven't heard anything back in 3 weeks.

I'm wondering if we can still go ahead and file the package (including a new I-130) in Chicago, noting on the application that a cancellation request has been made for the VSC petition?  Or must we wait to hear back on the cancellation request from VSC first? Is there any way to expedite cancellation of the VSC petition - I simply sent a letter to the general VSC address - is there a specific form or address for this kind of request?

Sorry for the length of the question; thanks in advance!

You do not need to worry about withdrawing the I-130. Did you get receipts for the I-485/I-765 package filing or did it get rejected for not having an I-130 petition or approval notice? If it was rejected file a complete package with I-130/I-485/G-325 for each/I-765/ I-693/I-693A and I-864 with supporting documents. If you have receipts already and ntohing has been rejected you can send a copy of the recipts with a new I-130 and filing fee to Chicago.



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Robert Hollander<B> Esq.</B>



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