How do I fix my withdrawal of I-130 and I-485?

[Tree 0]

My husband came here on a K3 visa and left me and his daughter shortly 3 months after his arrival. He did not adjust his status (he applied but only got as far as taking biometrics). USCIS told me to withdraw the I-130 and I-485. Is there a way to fix this if my husband comes back and we work our marriage out?

Edited April 19, 2009 by Tree

[Dakine 26]

My husband came here on a K3 visa and left me and his daughter shortly 3 months after his arrival. He did not adjust his status (he applied but only got as far as taking biometrics). USCIS told me to withdraw the I-130 and I-485. Is there a way to fix this if my husband comes back and we work our marriage out?

If you don't withdraw he could get his GC without an interview. If you don't get back together you will be financially responsible for him up to 10 years.

Edited April 19, 2009 by Haole

[Tree 0]

My husband came here on a K3 visa and left me and his daughter shortly 3 months after his arrival. He did not adjust his status (he applied but only got as far as taking biometrics). USCIS told me to withdraw the I-130 and I-485. Is there a way to fix this if my husband comes back and we work our marriage out?

If you don't withdraw he could get his GC without an interview. If you don't get back together you will be financially responsible for him up to 10 years.

The withdrawal notice has been sent in to USCIS.

I am asking if we patched our marriage up and if he came back to me after he left me and his daughter behind, is there a way to re apply and fix his status?

[Dakine 26]

My husband came here on a K3 visa and left me and his daughter shortly 3 months after his arrival. He did not adjust his status (he applied but only got as far as taking biometrics). USCIS told me to withdraw the I-130 and I-485. Is there a way to fix this if my husband comes back and we work our marriage out?

If you don't withdraw he could get his GC without an interview. If you don't get back together you will be financially responsible for him up to 10 years.

The withdrawal notice has been sent in to USCIS.

I am asking if we patched our marriage up and if he came back to me after he left me and his daughter behind, is there a way to re apply and fix his status?

Sorry beyond my knowledge.

[Old Dominion 26]

Probably there is a way to fix it....by starting the process all over again, fees and all.

[Dakine 26]

Probably there is a way to fix it....by starting the process all over again, fees and all.

Problem is it looks like he will be out of status or in removal proceedings soon. That may have a BIG affect on a second petition.

I don't think there is a easy way to change things back at this time.

[I Miss Her 0]

My husband came here on a K3 visa and left me and his daughter shortly 3 months after his arrival. He did not adjust his status (he applied but only got as far as taking biometrics). USCIS told me to withdraw the I-130 and I-485. Is there a way to fix this if my husband comes back and we work our marriage out?

In my opinion, call USCIS customer service, if your withdrawal notice is not in their system or under review, then still chance for AOS.

[Merrillizer 0]

My husband came here on a K3 visa and left me and his daughter shortly 3 months after his arrival. He did not adjust his status (he applied but only got as far as taking biometrics). USCIS told me to withdraw the I-130 and I-485. Is there a way to fix this if my husband comes back and we work our marriage out?

Unfortunately, I have experience with this. I had to withdraw support for my wives AOS package and I sent a letter of withdrawal to USCIS requesting to pull my I-130. It was accepted, and they send me a letter stating it was withdrawn and my wife no longer had legal status here or any legal recourse. There is no way to withdraw your withdrawal lol.

You will have to re-file the AOS package, and pay the fees all over again. Once you withdraw support for an AOS, it's final and your spouses case with receive no more further attention from USCIS.