how to retract an application

[mandol 0]

Hi,

Unfortunately i have to retract my change of status application, i need to leave america and my emergency documents were not granted to me.

How do i retract my application?

Is it better to retract the application before i leave?

Thank you,

[Inky 1,111]

have you made an infopass appointment and brought proof of the emergency to get your AP stamp in your passport?

This is a better option instead of pulling the plug and starting all over again with a new petition after you leave the USA.

[Messybrownhair 251]

I think they already tried that route and failed..

[mandol 0]

have you made an infopass appointment and brought proof of the emergency to get your AP stamp in your passport?

This is a better option instead of pulling the plug and starting all over again with a new petition after you leave the USA.

Hi,

Well i have already tried that, but i was slowed down as i needed to resubmit my I-864 and more importantly the USCIS, doesn't take bad planning into account, and because it's my wedding, they don't want to expedite my case.

I need to explain that it wasn't poor planning, because i never planned on moving to USA, i came and then decided to stay as it would be better here for my wife as her family lives in USA. I was under financial constraints, as i cant earn money here. So it isn't like i didn't want to file for my change of status earlier, it was that i couldn't due to financial constraints placed on me from staying here without a work permit. I had to loan the money.. Maybe if i plead my case they might have pity for me.

I Also have another very important question:

What if i leave after i retract my application to change my status, and during the time of my application my I-94 expired. Can i still transit through America?

So for Example:

My wedding is in Dominican republic, if i cant come back into the USA and live then i would want to go back to living in Tanzania/Africa.. To do this i would need to transit through america, Would i be allowed to?

Thank for the help

[missicy 87]

You can withdraw your application but you won't get the money back.

What visa did you enter on and when did your I-94 expire? Are you adjusting based on marrriage to a US Citizen?

[A&R&Jacob 0]

In order to transit through the USA in the future, even if it's just a layover at the airport, you'd have to apply for a B1/B2 visitor visa (unless you're under Visa waiver program). Although it has nothing to do with your AOS processing now, the likeliness of getting a visitor visa is rather poor based on the fact that you made an attempt to adjust your status.

[milimelo 4,544]

Moving to AOS from tourist, student, and work visa.

[ceadsearc 516]

How long ago did your I-94 expire? Were you adjusting based on marriage to a US citizen, and do you plan to return to the US to live in the future?

[Harpa Timsah 13,258]

The backstory to the OP is that they applied for AOS from a tourist visa, but also planned a second wedding out of country in a month, without realizing he was stuck in the US until AP. He is choosing to abandon AOS to go to his big wedding party.

[milimelo 4,544]

You can send the withdrawal letter alongside your NOA1 copy to the same service center where you sent your AOS papers. You can also hand over a copy if you make an INFOPASS.

Also, make sure you have original boarding passes proving when you boarded the plane on such and such date so you're not given overstay ban (I hope your I-94 esxpired not so long ago, certainly before 180days were up) and don't forget to turn in your I-94 at the airport [they do forget to take those from your passport on occasion].

When your I130 is approved, you need to have spouse make sure it gets to NVC for further processing at a consulate/embassy.

[ceadsearc 516]

Oh, so it sounds like this was a case of really poor planning.

OP, if you haven't overstayed long enough to incur a ban, you can abandon your AOS, go get married wherever, and file for a CR-1 (while waiting abroad). If you have overstayed long enough for a ban then you need to think very seriously if abandoning your AOS in favor of your wedding right then is worth it, because you'll not only need a waiver to overcome that ban (and hardship will be hard to prove when it wasn't a problem for you to leave for a big wedding), but you will not be able to visit America on a B1/B2 either.