Visa cancellation/ relocation

[riovegas 0]

I have searched the forum but have been unable to find an answer. Our story thus far is as follows; My wife arrived in the US from Brazil in August on a 6 month tourist visa which expires mid February 09. We

were married in November, and sent in the following documents in

December: I-130,I-485,I-765,I-864,g325a. A few weeks later we received

a notice of rejection due to the documents being filled out

incorrectly. I made the correction and resent the forms January 4th.

We have received no notice thus far from this filling. We are now

thinking however that most likely we will return to Brazil for an

extended amount of time, perhaps permanently. This being the case I would like to know the following:

1. Is there a way to cancel the process?

2. How much of an issue is there for my wife to return to visit the US

if we are able to cancel, and how much of an issue if we wait to

receive the permanent residence card and then leave and try to return

to visit?

Thanks for any assistance...

[payxibka 10,045]

I have searched the forum but have been unable to find an answer. Our story thus far is as follows; My wife arrived in the US from Brazil in August on a 6 month tourist visa which expires mid February 09. We

were married in November, and sent in the following documents in

December: I-130,I-485,I-765,I-864,g325a. A few weeks later we received

a notice of rejection due to the documents being filled out

incorrectly. I made the correction and resent the forms January 4th.

We have received no notice thus far from this filling. We are now

thinking however that most likely we will return to Brazil for an

extended amount of time, perhaps permanently. This being the case I would like to know the following:

1. Is there a way to cancel the process?

2. How much of an issue is there for my wife to return to visit the US

if we are able to cancel, and how much of an issue if we wait to

receive the permanent residence card and then leave and try to return

to visit?

Thanks for any assistance...

1) sure, it is called sending a letter indicating your desire for cancellation

2) depends on how long you are outside the USA before you try to return

Edited January 18, 2009 by payxibka

[pushbrk 12,824]

I have searched the forum but have been unable to find an answer. Our story thus far is as follows; My wife arrived in the US from Brazil in August on a 6 month tourist visa which expires mid February 09. We

were married in November, and sent in the following documents in

December: I-130,I-485,I-765,I-864,g325a. A few weeks later we received

a notice of rejection due to the documents being filled out

incorrectly. I made the correction and resent the forms January 4th.

We have received no notice thus far from this filling. We are now

thinking however that most likely we will return to Brazil for an

extended amount of time, perhaps permanently. This being the case I would like to know the following:

1. Is there a way to cancel the process?

2. How much of an issue is there for my wife to return to visit the US

if we are able to cancel, and how much of an issue if we wait to

receive the permanent residence card and then leave and try to return

to visit?

Thanks for any assistance...

1) sure, it is called sending a letter indicating your desire for cancellation

2) depends on how long you are outside the USA before you try to return

Google "maintainging permanent resident status".

[riovegas 0]

I have searched the forum but have been unable to find an answer. Our story thus far is as follows; My wife arrived in the US from Brazil in August on a 6 month tourist visa which expires mid February 09. We

were married in November, and sent in the following documents in

December: I-130,I-485,I-765,I-864,g325a. A few weeks later we received

a notice of rejection due to the documents being filled out

incorrectly. I made the correction and resent the forms January 4th.

We have received no notice thus far from this filling. We are now

thinking however that most likely we will return to Brazil for an

extended amount of time, perhaps permanently. This being the case I would like to know the following:

1. Is there a way to cancel the process?

2. How much of an issue is there for my wife to return to visit the US

if we are able to cancel, and how much of an issue if we wait to

receive the permanent residence card and then leave and try to return

to visit?

Thanks for any assistance...

1) sure, it is called sending a letter indicating your desire for cancellation

2) depends on how long you are outside the USA before you try to return

Google "maintainging permanent resident status".

Ok, so we have decided to try life in Brazil on a permanent basis. With work and other obligations we have been planning on leaving late July. This being the case I have not yet sent the cancellation letter. Yesterday we received our first notice, the AOS interview date. So, I am now wondering what our best course of action is. Is it better to send the letter now and not go to the interview, or is it best to go to the interview knowing we will be leaving a few weeks after? My main concern is the ability for my wife to return for visits to the US. Since her tourist visa has expired will it look bad if we send the letter, or will it be worse if we go to the interview and then leave? The date for the interview also falls on the same date as a course I need to attend that is out of state - major inconvenience.

Thanks.....

[riovegas 0]

Also, if we decide in the future to move back to the US, I assume it would be much better to cancel the petition now and try to start again, than to receive permanent residence, lose it and try again?

[baron555 934]

I might be wrong but your wife might have a problem ever returning to the US since she may have committed visa fraud by marrying on a tourist visa.

The other more experienced folks will chime in.

[Brit Abroad 166]

I'm not sure the marriage fraud would be an issue if AoS is approved.

What would concern me more in that situation, is that withdrawing the AoS would put your wife into a 4 month overstay on her tourist visa. This is much more likely to be troublesome in connection with future visitor visas.

Personally, now that you have the AoS interview, I'd attend it, get the green card then write a letter stating that you intend living abroad and are therefore returning the green card.

Once a green card has been issued you're in the "system", which should make it simpler to reapply for it if you decide to return. It should also remove the overstay issue as well and the fact that you had been issued with a green card may help with a visitor visa for those return visits.

[riovegas 0]

That does make a lot of sense BA, thanks for the reply. I wonder if they would accept such a letter after the process is complete however. Also, do I understand correctly that even if the interview goes well, we may have to wait quite a bit more for the stamp and or 'green card'?