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jessicaDiana

waiting on AOS, but wants to withdraw and go back to home country

By jessicaDiana in Adjustment of Status Case Filing and Progress Reports

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jessicaDiana Explorer

jessicaDiana   0

Posted
Filed: K-1 Visa Timeline
Posted (edited)

Hi everyone

I just recently came to the USA about 3 months ago to be with my husband through our k-1 visa. I just had my biometrics done June 28, all im waiting for now is my EAD and my interview notification. Me and my husband are having some major issues right now ( I wont get into it) and I need to know if its possible if i can go back home, I just came from my home country in Canada. Could I just send in a letter to USCIS or something withdrawing my AOS and just go back home? I dont want to be with my husband anymore... Or do I Have to stay in the USA? im not sure what my options are.

Edited by jessicaDiana
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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

You can do whatever you like.

You could officially withdraw your I-485 (send a certified letter to the office handling your case giving your A#, full name and address and a statement detailing that you wish to withdraw your application).

Alternatively you could just leave the US and your application would automatically be abandoned.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

No official will make you stay in the US. You can just leave and be fine. If you want to make sure things are closed you should inform them of your desire to terminate the process. Who knows you may meet another charming American in the future.

This will not be over quickly. You will not enjoy this.

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Moomin Proficient

Moomin   292

Posted
Filed: AOS (apr) Country: Denmark
 Timeline
Posted

You are free to leave when you want. Without AP(advanced parole) or greencard in hand, you're abandoning your application and it's denied whenever it's processed. If things don't work out, go back and hopefully you'll be better off there.

The legal aspect of it, future-wise; You you have overstayed the date of your i-94, you'll have a ban. Even if you didn't it may be harder to visit the US again on a tourist visa since you've already showed an interest in immigrating.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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