Withdrawl Request

[hellonew 0]

My fiance and I actually withdrew our first K1 petition because we thought we would marry in South Africa. Turns out our family could not make the trip so we decided to refile the K1 and get married later in the States. My withdrawal letter was placed in my file but the USCIS website never indicated it was received until they began looking at my case. It goes through the normal process and when they look at your file to grant or approve your petition, they will see your withdrawal. At that point you will receive a notice stating that your withdrawal has been noted, that your case has been closed and you reserve the right to refile at a later time. I received an e-mail of the letter and it was noted on the USCIS website. It took 4 months and 10 days from my NOA1, the same time frame as it would have taken to receive my NOA2. About a week later I received the actual hard copy of the withdrawal notice.

Keep the physical copy because if you ever refile, you will be asked to explain why you withdrew and to provide all documents pertaining to your withdrawal.

Good Luck,

Dionne

Hello Friends:

QuickQuestion, I've sent 2 Withdrwal letters in the last 4 weeks, with no reply from USCIS yet. Is this normal. CRIS still says "Case recieved and pending". Anyone have any ideas?

Also, how common is it for a Beneficiary to recieve a Green Card without an interview. Is it even possible?

Thanks!

Was ur SO already in the states?

[diadromous mermaid 36]

First I want to know why you married a person knowing he is an alien, and then filed an application immediately. What was the rush?

Another question, What is your rush for USCIS response? The USCIS will find a way to deny his future green card applications. Based on your withdrawal of his 130, it is enough reason for USCIS to deny his future green card applications. The USCIS keeps a record of everything submitted, provided there is an alien number,case number.

I never married a person who was an alien, i petitioned for her with a k1 visa. after i applied for AOS she made a total 180, she left, and i filed for divorce.

Anyone who does not have permanent residency is considered an "alien" .

OP: If you sense that your ex-wife has not yet received her green card, and you are divorced, send a copy of the divorce decree to USCIS and the local office. Aliens are statutorily ineligible to adjust status based upon marriage to a USC if the marriage was terminated prior to a decision on the adjustment of status having been made.

Edited May 28, 2009 by diadromous mermaid

[hellonew 0]

First I want to know why you married a person knowing he is an alien, and then filed an application immediately. What was the rush?

Another question, What is your rush for USCIS response? The USCIS will find a way to deny his future green card applications. Based on your withdrawal of his 130, it is enough reason for USCIS to deny his future green card applications. The USCIS keeps a record of everything submitted, provided there is an alien number,case number.

I never married a person who was an alien, i petitioned for her with a k1 visa. after i applied for AOS she made a total 180, she left, and i filed for divorce.

Anyone who does not have permanent residency is considered an "alien" .

OP: If you sense that your ex-wife has not yet received her green card, and you are divorced, send a copy of the divorce decree to USCIS and the local office. Aliens are statutorily ineligible to adjust status based upon marriage to a USC if the marriage was terminated prior to a decision on the adjustment of status having been made.

I am 99% sure she hasnt recieved her Green Card, and today i have sent another withdrawl notice to National benefits center, and to the Chicago Lockbox.

[Old Dominion 26]

It wouldn't hurt to let your senior senator's office know of this situation so they can follow up on it with USCIS. They need the case number and copies of what you mailed.

[hellonew 0]

WOW, i just logged into CRIS, and it says that an RFE has sent:

"Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Request for Additional Evidence Sent

On May 28, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS."

I wonder if they recieved my Withdrawl letter. This is truly breaking me.

[trillium13 84]

WOW, i just logged into CRIS, and it says that an RFE has sent:

"Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Request for Additional Evidence Sent

On May 28, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS."

I wonder if they recieved my Withdrawl letter. This is truly breaking me.

Make an infopass appointment. This could ease a lot of your anxiety, to talk to a real person and get real answers. Sounds like you need to do this for your own sanity. Good luck.

[hellonew 0]

WOW, i just logged into CRIS, and it says that an RFE has sent:

"Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Request for Additional Evidence Sent

On May 28, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS."

I wonder if they recieved my Withdrawl letter. This is truly breaking me.

Make an infopass appointment. This could ease a lot of your anxiety, to talk to a real person and get real answers. Sounds like you need to do this for your own sanity. Good luck.

Yea i already did, i wonder what the RFE is for.

[Ban Hammer 13,491]

Just be patient. I sent my withdrawal letter in mid-March and I received the letter acknowledging my I-130 was withdrawn on April 3rd. So it could take several weeks, maybe more. Mine went to Lee's Summter, MO where my wives AOS was being processed.

lee's summit, mo.

[Zee Bee 61]

If you don't reply to the RFE within the timeframe then the AOS is considered abandoned.

[Bobby+Umit 161]

If you don't reply to the RFE within the timeframe then the AOS is considered abandoned.

I was thinking the same thing - but I wouldn't count on it...

In this one case, USCIS may approve the case, regardless if the get the evidence... crazy

[OnlyPresence 0]

what is your current status? Did you withdraw AOS?

And yes, you can get approved without interview if you applied for 2-year GC (conditional)

12/29/08 - Filed I-751 to VSC

01/12/09 - NOA in mail

01/24/09 - received ASC notice

02/06/09 - biometrics appointment in Orlando

02/09/09 - touch

06/01/09 - approval letter in mail

DEAR HAPPYONE,

AFTER YOU WENT THROUGH THE BIOMETRICS APPOINTMENT, DID YOU HAVE TO DO ANYTHING ELSE? THE REASON i ASK IS BECAUSE I HAVE TO MAKE SOME TRAVEL ARRANGEMENTS AND I AM TAKING THE APPOINTMENT DATE AS REFERENCE TO FLY RIGHT AFTER THAT.

THANKS SO MUCH!

[diadromous mermaid 36]

That depends upon what the OP wrote in his letter to withdraw the Affidavit of Support, and if he provides USCIUS with a divorce decree and a letter explaining that the alien has not yet adjusted status although the marriage has been legally terminated that should do the trick.

However, I doubt an INFOPASS appointment will derive any results. The OP is a former petitioner, now divorced from the alien, and technically, he has nothing more to do with her case.

If you don't reply to the RFE within the timeframe then the AOS is considered abandoned.

I was thinking the same thing - but I wouldn't count on it...

In this one case, USCIS may approve the case, regardless if the get the evidence... crazy