I-551 but studying abroad?

[Boiler 45,733]

You can withdraw an application at any time, K, AOS, whatever.

W/o any valid reason(s) and just for the sake of doing so.

I will not say happens all the time, but happens enough.

Relationships break up all the time, sometimes whilst waiting for a K to be processed or an AOS to be processed. After all if you do split up there will be no adjustment anyway, so no point scheduling the interview.

Not sure what you mean about a reason, you do not have to give one but not something you would do without one.

[dmartmar 1]

I will not say happens all the time, but happens enough.

Relationships break up all the time, sometimes whilst waiting for a K to be processed or an AOS to be processed. After all if you do split up there will be no adjustment anyway, so no point scheduling the interview.

Not sure what you mean about a reason, you do not have to give one, but not something you would do without one.

Just as a full AOS package (forms I-130, I-864, etc.) is sent to the Agency on the basis of a "bona fide" marriage and its eventual approval depending on the amount of credible evidence used to substantiate it, the success of having any petitions withdrawn by the Agency based on a marriage being "fraudulent" would also depend on the amount of credible evidence used to substantiate the claim as well.

[Boiler 45,733]

I will not say happens all the time, but happens enough.

Relationships break up all the time, sometimes whilst waiting for a K to be processed or an AOS to be processed. After all if you do split up there will be no adjustment anyway, so no point scheduling the interview.

Not sure what you mean about a reason, you do not have to give one, but not something you would do without one.

Just as a full AOS package (forms I-130, I-864, etc.) is sent to the Agency on the basis of a "bona fide" marriage and its eventual approval depending on the amount of credible evidence used to substantiate it, the success of having any petitions withdrawn by the Agency based on a marriage being "fraudulent" would also depend on the amount of credible evidence used to substantiate the claim as well.

Once AOS has occurred it is possible for the GC to be rescinded due to fraud subsequently discovered, I have hear of this happening, but never seen a post where it did happen.

Beforehand it is an application that you have made and like any application you can pull it any time you want.

PS I have heard of CR1 and K3 applications beinng granted after the appplicant had asked for it to be withdrawn because the paperwork never matched in time. I have never heard of such a situation with AOS, apart from anything else you need to be at the interview which obviously will not happen.

[diadromous mermaid 36]

On the other hand, she might've left b/c she wasn't able to acquire the GC so; why stay?

Didn't you one time post (if I remember correctly), that in order for a USC to be successful having the I-130 (petition for alien/immigrant form) withdrawn by the Agency, not only would he/she have to allege marriage fraud as the basis for the request, but would also have to back it up with plenty of credible evidence in order to be able to substantiate the allegation, which eventually would or could lead to the withdrawal?

Please correct me if I'm wrong. I'm open to learning new things every day.

It's all speculation, of course, but why would an alien perpetrating fraud elect to leave when the misrepresentation had taken her so far?

Yes, after an alien receives CPR then to request that an I-864 be withdrawn there would need to be an allegation of fraud. In essence, in order to withdraw the Affidavit, the Service would have to revisit the approval of the petition, examine it with new information provided to suggest it was gained fraudulently.

In the case you are speaking of, the applicant had not had the adjustment application approved. A USC can request that a petition be withdrawn prior to its adjudication, and in marriage-based cases, although the applicant is the alien, the sponsor is the USC and also party to the alien's application since it is the marriage to a USC that confers the immigration entitlement, if the marriage is invalid or terminated there would be no basis for adjustment. Without a sponsor the beneficiary would only be denied. There is an exception and that is if the alien prior to AOS adjudication or even prior to AOS submission petitions the Service under VAWA. The purpose for AOS interviews was to examine that the marriage is bona fide and sustaining. If the USC is no longer going forward with the marriage, chances are the AOS would not pass the litmus test, anyway, with the exception, of course of the VAWA mentioned above.

[dmartmar 1]

Once AOS has occurred it is possible for the GC to be rescinded due to fraud subsequently discovered, I have hear of this happening, but never seen a post where it did happen.

Beforehand it is an application that you have made and like any application you can pull it any time you want.

I highly doubt that anyone would request the withdrawal of a pending AOS application, by falsely basing its reason on such a serious allegation as marriage fraud, which is punishable by law, unless he/she were truly convinced of and be able to somehow prove it really occured. The allegation itself would right away incriminate each party and as such, make the Agency closely scrutinize and investigate both equally.

So; why go to such extreme, when an easier way for a petitioner to request the withdrawal of a pending AOS application would be to instead allege something else such as "we fell out of love," "we're just too different" or "we have different goals in life," for example? To allege something as serious as someone commiting marriage fraud, which again is considered to be a crime in order to be able to successfully have the Agency withdraw any/all applications, would seem highly unlikely to me.

[Boiler 45,733]

Once AOS has occurred it is possible for the GC to be rescinded due to fraud subsequently discovered, I have hear of this happening, but never seen a post where it did happen.

Beforehand it is an application that you have made and like any application you can pull it any time you want.

I highly doubt that anyone would request the withdrawal of a pending AOS application, by falsely basing its reason on such a serious allegation as marriage fraud, which is punishable by law, unless he/she were truly convinced of and be able to somehow prove it really occured. The allegation itself would right away incriminate each party and as such, make the Agency closely scrutinize and investigate both equally.

So; why go to such extreme, when an easier way for a petitioner to request the withdrawal of a pending AOS application would be to instead allege something else such as "we fell out of love," "we're just too different" or "we have different goals in life," for example? To allege something as serious as someone commiting marriage fraud, which again is considered to be a crime in order to be able to successfully have the Agency withdraw any/all applications, would seem highly unlikely to me.

You did not read my earlier post, all you have to do is write and withdraw your application, no reasons no justification no reason for it to be justified nothing:

I am writing to withdraw the above application.

Your faithfully

Crimes require proof beyond reasonable doubt, at best the situation you describe is on the balance of probabilities.

Think of it as akin to applying for a Drivers License, you decide to pull your application, no problem, you get your license and then somebody wants to take it away, can be done but a completely different situation.

Edited February 19, 2006 by Boiler

[Boiler 45,733]

Ok here is a theoretical post, you can work out the answer:

I came to the US on a J1 and subsequently met my Husband here. We decided to get married and we applied for my adjustment of status on the basis of marriage.

Unfortunately our marriage did not go well, to the extent that I had to call the police.

I decided that it would be best if I return to my country rather than stay in this untenable situation, so I notified USCIS that I would not be proceeding with my adjustment and returned home.

A man I met when I was in the US has subsequently become my boyfriend and we want to get married when my divorce is finalised.

Will I have any problems obtaining a K3/K1/CR1 visa to re-enter the US?

[dmartmar 1]

Think of it as akin to applying for a Drivers License. You decide to pull your application, no problem, you get your license and then somebody wants to take it away. Can be done, but a completely different situation.

Since in your own words the above situation is completely different from the one we've so far been discussing immigration-wise, I think of them being more akin to comparing oranges with apples instead. Though both are classified as fruits, in reality, they're completely and totally different.

Ok here is a theoretical post, you can work out the answer:

I came to the US on a J1 and subsequently met my Husband here. We decided to get married and we applied for my adjustment of status on the basis of marriage.

Unfortunately, our marriage did not go well, to the extent that I had to call the police.

I decided that it would be best if I returned to my country rather than stay in this untenable situation, so I notified the USCIS that I would not be proceeding with my adjustment and returned home.

A man I met when I was in the US has subsequently become my boyfriend and we want to get married when my divorce is finalized.

Will I have any problems obtaining a K3/K1/CR1 visa to re-enter the US?

Let's play devil's advocate and reverse the situations instead, so here is a theoretical post. Some minor adjustments have been made. You can work out the answer:

I came to the US on a J1 and subsequently met my Husband here. We decided to get married and we applied for my adjustment of status on the basis of marriage.

Unfortunately, our marriage did not go well, to the extent that my husband, not me, had to call the police. Subsequently, a police report was filed not against my husband, but against me instead, then they ordered me to leave the house. A week later, the DV investigative unit calls my husband and asks him whether he wants to press charges against me or not, which he doesn't do, stating he has hope and wants to work on our marriage. How sweet of him! Yet, I still can't believe the police not only filed a DV report against me, but also ordered me to leave the house, when in reality, I had/have been and was still being victimized by him! How was this possible?

After failing to obtain a GC, regardless of the method(s) available and/or used by me, I decided that it would be best if I return to my country rather than stay in this untenable situation, so I notified the USCIS that I would not be proceeding with my adjustment and returned home.

A man I met when I was in the US before returning to my country and who coincidentally just happened to get a scholarship to study Spanish, in Argentina of all places, has subsequently become my boyfriend and we want to get married when my divorce is finalized, even though I was married when we met. And even though I am still married, I have already introduced him to my family. I can't believe I fell in-love with a USC I met while I was in the US before departing, who also was going to Argentina a month after I left! Wow, I'm in love!

Will I have any problems obtaining a K3/K1/CR1 visa to re-enter the US?

Edited February 19, 2006 by dmartmar

[dmartmar 1]

You did not read my earlier post. All you have to do is write and withdraw your application, no reasons, no justifications, no reason for it to be justified, nothing.

So while a petitioner can only submit an AOS application, based on having a valid reason or justification for doing so;

"I am requesting that your Agency consider my petition to adjust my alien spouse's status in the US, since we're now married. Thank you."

The same petitioner can also request its withdrawal, based on nothing;

"I am requesting that your Agency withdraw my petition to adjust my alien spouse's status in the US. Thank you."

[diadromous mermaid 36]

You did not read my earlier post. All you have to do is write and withdraw your application, no reasons, no justifications, no reason for it to be justified, nothing.

So while a petitioner can only submit an AOS application, based on having a valid reason or justification for doing so;

"I am requesting that your Agency consider my petition to adjust my alien spouse's status in the US, since we're now married. Thank you."

The same petitioner can also request its withdrawal, based on nothing;

"I am requesting that your Agency withdraw my petition to adjust my alien spouse's status in the US. Thank you."

Dmartmar,

I don't understand the reason for the mental gymnastics! Simply put, a USC can request withdrawal of a petition not yet adjudicated. Period. In the case of an AOS submission, if not yet adjudicated, even though the application is deemed the alien's, its successful approval rests on the validity of the marriage to a USC. In the event that a USC requests it to be withdrawn that implies the marriage is not going forward. Ergo, no basis for the adjustment. Further, given the Affidavit of Support is the USC's commitment and the application still remains unapproved, withdrawing it seals the fate of the AOS submission.

In the case of a petition or application that has already been adjudicated, then the process of withdrawal requires a little more because rather than the process being halted or aborted in stride, it now requires the rescission of a decision. In that event, a USC would have to give valid reason and evidence to support that the approval already offered was done so on the basis of false information that was a material fact in its approval. Capisce?

Edited February 19, 2006 by diadromous mermaid