How do I cancel AOS?

[S.B.Hummingbird 0]

Hi Fellow Visa Journey Members,

I need to cancel my AOS and I am no longer in the USA. My husband is the US citizen and we filed for divorce while the AOS is pending. Am I correct in saying the penalties will be less if I cancel the petition myself rather than my husband withdrawing the affidavit of support? I left the US on the 28th of March 2010 and my AP and EAD were approved in early April. My husband has this documentation in the US. The case was transfered to CSC.

I asked my husband to call USICS a while ago as I have been extremely stressed out about this and I have not heard back from him. I don't want to do the wrong thing in regards to immigration.

Does anyone know how should I go about cancelling the AOS seeing I am not in the US? Do I write to CSC and include relevant documentation? Does anyone know what this will entail for me in regards to future visits to the US if I cancel the AOS?

Responses are much appreciated.

[VanessaTony 3,567]

I'm so sorry it didn't work out.

This: http://travel.state.gov/visa/immigrants/info/info_3180.html#withdraw says that you need to write a letter to NVC withdrawing the petition. Remember to include your alien number and any case numbers that you have. This link has the contact information as well.

As for affecting your visits in the future... it shouldn't. You should still be eligible for the VWP (if you were before). If you ever want to try for another fiancee visa they may ask questions about the previous petition (depending on how quick it was) but they also may not. You should be okay either way. Just remember to list it if ever asked.

Once again I'm so sorry. Best of luck for the future.

Edited June 21, 2010 by Vanessa&Tony

[S.B.Hummingbird 0]

I'm so sorry it didn't work out.

This: http://travel.state.gov/visa/immigrants/info/info_3180.html#withdraw says that you need to write a letter to NVC withdrawing the petition. Remember to include your alien number and any case numbers that you have. This link has the contact information as well.

As for affecting your visits in the future... it shouldn't. You should still be eligible for the VWP (if you were before). If you ever want to try for another fiancee visa they may ask questions about the previous petition (depending on how quick it was) but they also may not. You should be okay either way. Just remember to list it if ever asked.

Once again I'm so sorry. Best of luck for the future.

Hi Vanessa,

Thanks for the response. Congrat's on getting your AP and EAD aprroved.

Are you sure that writing to NVC is the right place to send the withdrawal to? I thought NVC just dealt with processing visas. My AOS case is now pending at CSC with USICS.

Cheers

[JimVaPhuong 4,863]

Hi Vanessa,

Thanks for the response. Congrat's on getting your AP and EAD aprroved.

Are you sure that writing to NVC is the right place to send the withdrawal to? I thought NVC just dealt with processing visas. My AOS case is now pending at CSC with USICS.

Cheers

I think you're correct. Since you came to the US with a K1 then you should be finished dealing with the Department of State, and they should have nothing to do with your AOS petition.

You can withdraw your petition by sending a signed request to the service center that has your petition. Once the withdrawal has been accepted by USCIS then it cannot be appealed; i.e., you can't change your mind and try to resurrect the petition. If you don't withdraw the petition and fail to show up at your interview then the petition will be considered abandoned. The net result is the same in either case. There are no penalties. Withdrawing the petition will close your case sooner, and make it less complicated if you plan to visit the US anytime soon.

Did you turn in your I-94 when you left the US? It's important that your date of departure was recorded by DHS. Otherwise, they will assume you're still in the US and marching toward the 6 month overstay mark.

[VanessaTony 3,567]

Are you sure that writing to NVC is the right place to send the withdrawal to? I thought NVC just dealt with processing visas. My AOS case is now pending at CSC with USICS.

Not really sure. Just known i googled it and read the link and that's what the page said to do. However on re-reading (now I've had a nights sleep) that appears to be K1 petition withdrawal info... sorry

You can withdraw your petition by sending a signed request to the service center that has your petition. Once the withdrawal has been accepted by USCIS then it cannot be appealed; i.e., you can't change your mind and try to resurrect the petition. If you don't withdraw the petition and fail to show up at your interview then the petition will be considered abandoned. The net result is the same in either case. There are no penalties. Withdrawing the petition will close your case sooner, and make it less complicated if you plan to visit the US anytime soon.

Did you turn in your I-94 when you left the US? It's important that your date of departure was recorded by DHS. Otherwise, they will assume you're still in the US and marching toward the 6 month overstay mark.

What he said. I did read something about a case where a woman wrote a letter 5 days after her withdrawal letter was dated cancelling the "withdrawal" and it was too late so that's definitely the case.

Once again, so sorry

[S.B.Hummingbird 0]

I think you're correct. Since you came to the US with a K1 then you should be finished dealing with the Department of State, and they should have nothing to do with your AOS petition.

You can withdraw your petition by sending a signed request to the service center that has your petition. Once the withdrawal has been accepted by USCIS then it cannot be appealed; i.e., you can't change your mind and try to resurrect the petition. If you don't withdraw the petition and fail to show up at your interview then the petition will be considered abandoned. The net result is the same in either case. There are no penalties. Withdrawing the petition will close your case sooner, and make it less complicated if you plan to visit the US anytime soon.

Did you turn in your I-94 when you left the US? It's important that your date of departure was recorded by DHS. Otherwise, they will assume you're still in the US and marching toward the 6 month overstay mark.

Hi JimVaPhuong,

Yes I did turn in my I-94 when I left the US. When I log into the case status on the USICS website it still says "Inital Review". Others who filed for their AOS at the same time as me have been approved whereas I only received my AP and EAD documents so I would assume they know that I am out of the US.

My husband has moved residence so I feel really pressed to take care of this as USICS has no way of corresponding with me. Despite my asking him to call USICS and find out exactly what needs to be done I believe he has not yet done so. The only information I could find on this was on the USICS website it said for queries outside the US contact your nearest embassy. I did that and they were not much help. They said to contact USICS directly.

[JimVaPhuong 4,863]

Hi JimVaPhuong,

Yes I did turn in my I-94 when I left the US. When I log into the case status on the USICS website it still says "Inital Review". Others who filed for their AOS at the same time as me have been approved whereas I only received my AP and EAD documents so I would assume they know that I am out of the US.

My husband has moved residence so I feel really pressed to take care of this as USICS has no way of corresponding with me. Despite my asking him to call USICS and find out exactly what needs to be done I believe he has not yet done so. The only information I could find on this was on the USICS website it said for queries outside the US contact your nearest embassy. I did that and they were not much help. They said to contact USICS directly.

Embassies and consulates are Department of State. USCIS is Department of Homeland Security. It's no secret that these two US government agencies don't get along when it comes to matters of immigration because they share overlapping authority. Department of State, hence the US embassy, has no involvement with your AOS petition, so it's no surprise they can't help you with it. You really do need to contact USCIS directly.

You turned in your I-94, which is good. This means there won't be any presumption that you've overstayed by more than 6 months if you decide to return as a visitor. However, don't presume that USCIS automatically knows about your exit. Yes, CBP and USCIS are both Department of Homeland Security. However, events that get entered into the computer systems do not automatically ripple through all of the various agencies that use those records. In other words, turning in your I-94 would not automatically pop up on a screen at USCIS letting someone know that they should dig out your AOS petition and stamp it "closed". Those records sit dormant in the computer until someone actually pulls them up and looks at them. For example, if you presented yourself at a port of entry, then your previous exit date would come up when they entered your name into the computer. If the IO who schedules your interview at USCIS bothers to check the CBP system then he'll see that you left the US. If not, he'll plod along with your case, presuming that you still intend to show up for the interview.

Write the letter withdrawing your petition, explain the circumstances, and send it to the service center that has your AOS petition. You're dealing with a bureaucracy that would need a 200 page manual describing how to tie their shoes. It's better if you are proactive, and don't leave any loose ends.