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Filed: Timeline
Posted

I wish to terminate the green card process I've begun. The Chicago lock-box address has the I-485 and I-765 packages

and has cashed my check. However, I wish to end the process as the relationship/marriage is not working out and I want to divorce my wife who would be the immigrant.

Assuming the visa/work packages are in order, I understand that there will eventually be an interview

which I'll be required to attend. Is that correct? Can my wife be approved WITHOUT my attendance? What happens if we are divorced between now and the approval of the I-485 or I-765?

Sorry to post negative stuff. Thanks for any help.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

You can file a request to withdraw your petition. I believe this is supposed to be filed with the office processing your petition, but maybe someone else knows. Just so you know, in case you have any doubts, you can't withdraw the withdrawal and would have to start and pay again if you change your mind.

If you are very early in the process you probably don't have to worry about the interview, if you withdraw, the application will be terminated long before that point.

Sandy

Michael's I-130:

NOA1: 5-10-2006----updated w/ citizenship: 9-25-06----had to call back 10/25, touch 10/26

12/06/06 - Approved!- - - 12/08/06 - Touch---01/25/07 - Touch

I130 at NVC

12/14/06 - case number assigned

12/25/06 - DS3032 & AOS Fee Bill Mailed (phone system updated 12/27)

12/27/06 - emailed choice of agent; 12/29/06 - received email from NVC confirming choice of agent!

01/01/07 - NVC generated IV Fee Bill (postmarked 1/17 though!)

01/03/07 - returned AoS Fee Bill via Priority Mail (James' shortcut)

01/15/07 - NVC generated AOS package

01/22/07 - received IV Fee Bill - overnighted back to NVC same day

01/27/07 - recieved I864 package; 01/29/07 - overnighted I864 to NVC

01/29/07 - DS230 generated (phone system not updated, email response 2/5/07)

02/05/07 - mailed DS-230 to NVC via express mail

02/20/07 - CASE COMPLETE!!

04/18/07 - INTERVIEW!!!! - APPROVED!!!!

Michael's K-3:

09/28/06 - NOA1

1/25/07 - approved ...NOA2 via snail mail - 1/29/07

03/16/07 - chose not to return packet 3 to Montreal

Filed: K-3 Visa Country: Philippines
Timeline
Posted

yea just send a letter to the uscis office that u sent the petiton to for a withdrawl of your petition... if you withdraw the petiton your wife will have to leave the US and return to thailand.. In order to have any chance of an approval u have to keep the petition active. and your wife must demonstrate the marriage was in good faith.... but thats hard depends on lots of factors

but i would like to say this to you.... If u want to divorce her cause of fraud then i say go for it. but if you want to divorce her cause you two can't get along I say have some patience.... I have some experience in this matters... bringing your love to this country is a very hard and trying thing... lots of adjustments to be made lots of pain to go through.... There is always alot of fights and conflicts.. cause u have your mindset she has hers... and often it's hard to find comprimise.... I assume she has just arrived in the states... U know if you two still have love for each other there is a chance.... It sucks to go through this visa process and invest all your emotions in it to just throw it away.... love is always worth fighting for...... I wish the best for you.... and I hope you find happiness... heres a quote... divorce is rarely the solution but almost always one more problem....

whatever you choose to do just let your heart decide..... best wishes to you

Filed: Timeline
Posted

atticus,

She's begun - it's not your application to withdraw. However, you can withdraw your I-864 prior to approval of her application.

Yodrak

I wish to terminate the green card process I've begun. The Chicago lock-box address has the I-485 and I-765 packages

and has cashed my check. However, I wish to end the process as the relationship/marriage is not working out and I want to divorce my wife who would be the immigrant.

Assuming the visa/work packages are in order, I understand that there will eventually be an interview

which I'll be required to attend. Is that correct? Can my wife be approved WITHOUT my attendance? What happens if we are divorced between now and the approval of the I-485 or I-765?

Sorry to post negative stuff. Thanks for any help.

Filed: Citizen (apr) Country: Russia
Timeline
Posted
I wish to terminate the green card process I've begun. The Chicago lock-box address has the I-485 and I-765 packages

and has cashed my check. However, I wish to end the process as the relationship/marriage is not working out and I want to divorce my wife who would be the immigrant.

Assuming the visa/work packages are in order, I understand that there will eventually be an interview

which I'll be required to attend. Is that correct? Can my wife be approved WITHOUT my attendance? What happens if we are divorced between now and the approval of the I-485 or I-765?

Sorry to post negative stuff. Thanks for any help.

I don't think you can withdraw I-485, since it's not yours. Had you filed I-130, you would have to withdraw that, but I have a feeling it's a K-1 AOS.

If you divorce and just do nothing, the application will be terminated at the time of the interview, which you are not going to attend, and your spouse will be placed in removal proceedings. There's no chance she can get a green card without you (unless you abused her and beat her up).

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

Filed: Timeline
Posted (edited)
I wish to terminate the green card process I've begun. The Chicago lock-box address has the I-485 and I-765 packages

and has cashed my check. However, I wish to end the process as the relationship/marriage is not working out and I want to divorce my wife who would be the immigrant.

Assuming the visa/work packages are in order, I understand that there will eventually be an interview

which I'll be required to attend. Is that correct? Can my wife be approved WITHOUT my attendance? What happens if we are divorced between now and the approval of the I-485 or I-765?

Sorry to post negative stuff. Thanks for any help.

I don't think you can withdraw I-485, since it's not yours. Had you filed I-130, you would have to withdraw that, but I have a feeling it's a K-1 AOS.

If you divorce and just do nothing, the application will be terminated at the time of the interview, which you are not going to attend, and your spouse will be placed in removal proceedings. There's no chance she can get a green card without you (unless you abused her and beat her up).

jewel12,

Incorrect. The OP can request that the Affidavit of Support be withdrawn, as long as the I-485, to which it is attached and a requirement, has not yet been adjudicated. An I-485, absent a viable Affidavit of Support, is not acceptable, and the petitioning spouse is required to be the primary sponsor. Also, bear in mind, that if the OP were to do nothing, there is a chance that AOS could be approved without an interview. It is in cases such as this that doing nothing may not ensure an aborted application for further immigration benefit. :)

Edited by diadromous mermaid

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: Citizen (apr) Country: Russia
Timeline
Posted
I wish to terminate the green card process I've begun. The Chicago lock-box address has the I-485 and I-765 packages

and has cashed my check. However, I wish to end the process as the relationship/marriage is not working out and I want to divorce my wife who would be the immigrant.

Assuming the visa/work packages are in order, I understand that there will eventually be an interview

which I'll be required to attend. Is that correct? Can my wife be approved WITHOUT my attendance? What happens if we are divorced between now and the approval of the I-485 or I-765?

Sorry to post negative stuff. Thanks for any help.

I don't think you can withdraw I-485, since it's not yours. Had you filed I-130, you would have to withdraw that, but I have a feeling it's a K-1 AOS.

If you divorce and just do nothing, the application will be terminated at the time of the interview, which you are not going to attend, and your spouse will be placed in removal proceedings. There's no chance she can get a green card without you (unless you abused her and beat her up).

jewel12,

Incorrect. The OP can request that the Affidavit of Support be withdrawn, as long as the I-485, to which it is attached and a requirement, has not yet been adjudicated. An I-485, absent a viable Affidavit of Support, is not acceptable, and the petitioning spouse is required to be the primary sponsor. Also, bear in mind, that if the OP were to do nothing, there is a chance that AOS could be approved without an interview. It is in cases such as this that doing nothing may not ensure an aborted application for further immigration benefit. :)

Wow, you're right, Diadromous mermaid! I always forget that there are people who can get approved without an interview, and most of them are K-1 visa holders :) Well, in this case, I'm sorry for giving the wrong advice!

One thing I know for sure - the OP should contact USCIS ASAP, because they are kinda slow with withdrawals. When I was a student here, I filed an extension application, and then changed my mind and called the 1-800 number asking to withdraw it. They said okay. It took them forever, almost 3 months. I'm not sure - maybe immigrant applications are easier to withdraw, but still, it's better to do it right now.

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

 
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