Consequences of canceling a petition that has been approved?

[life-journey 7]

I filed a petition for my husband on march, it was approved on may, on june we recieved an email for the AOS and IV bill/packet. We are going on a 3 week holiday vacation this december so I'm stalling on paying the AOS/IV Bill and sending the packet so when it gets approve the interview date will not interfere with our vacation since plane tickets have already been purchased. ( I have up to a year to pay and send as/iv packet if I'm not mistaken?)

Now a few days ago we received some great news from my husband's boss that they will be hiring another staff, and the senior designer/engineer will be retiring soon which means a promotion for my husband (they don't know yet that I am petitioning him) and a big bonus due to overflowing projects that he is handling now... I am a stay at home mom and have yet to establish a career and the only reason that we decided to move to US is to be closer to my family as we don't have any other family member with us in canada. But financial stability is still very important especially now that we have a child. I know I'm just really ranting here but I'm confused and i really need to hear other peoples perspective on this.

Now if I cancel the petition what will happen? If we change our mind and live in canada instead, but say a few years later we decide to move back to US, will this cause any problem when I decide to petition him again?

[Rafael G 14]

you wanting to delay the process, and I wanting to speed up ... actually, this is not just world.

[life-journey 7]

you wanting to delay the process, and I wanting to speed up ... actually, this is not just world.

We really did not expect for all this to happen, as much as we want to live near our family we are also afraid to make the wrong decision of my husband leaving a successful career behind. We did not expect for him to get promoted, and not knowing what the economy will be after election scares us! but I guess we'll never really know until we get to that situation... I hope you get approve soon! goodluck on your journey!

[EM_Vandaveer 2,408]

Wait a year. Then pay AOS bill, but not IV bill. Wait another year. Pay IV bill. Etc. You can slow down the process for years at NVC.

[Jojo92122 1,924]

Wait a year. Then pay AOS bill, but not IV bill. Wait another year. Pay IV bill. Etc. You can slow down the process for years at NVC.

Why play games? Why do this and potentially drag things out for years?

There are no consequences to withdraw the current petition and to refile at a later time.

Edited September 30, 2016 by Jojo92122

[EM_Vandaveer 2,408]

Why play games? Why do this and potentially drag things out for years?

There are no consequences to withdraw the current petition and to refile at a later time.

It's not playing games, it's avoiding paying an extra $420 (or more) in the future and also avoiding having to wait 6 months for I-130 approval.

[Jojo92122 1,924]

An approved I-130 lasts forever. OP can simply not send in anything to the NVC. The case will be administratively be closed after a year. When they are ready to return to the US, they can have the case reopen.

So, there is no need to pay another I-130 fee or wait 6 months for another approval.

https://www.avvo.com/legal-answers/can-an-immigrant-petition-be-reopened---my-dad--us-1259620.html

[M@K 5]

I filed a petition for my husband on march, it was approved on may, on june we recieved an email for the AOS and IV bill/packet. We are going on a 3 week holiday vacation this december so I'm stalling on paying the AOS/IV Bill and sending the packet so when it gets approve the interview date will not interfere with our vacation since plane tickets have already been purchased. ( I have up to a year to pay and send as/iv packet if I'm not mistaken?)

Now a few days ago we received some great news from my husband's boss that they will be hiring another staff, and the senior designer/engineer will be retiring soon which means a promotion for my husband (they don't know yet that I am petitioning him) and a big bonus due to overflowing projects that he is handling now... I am a stay at home mom and have yet to establish a career and the only reason that we decided to move to US is to be closer to my family as we don't have any other family member with us in canada. But financial stability is still very important especially now that we have a child. I know I'm just really ranting here but I'm confused and i really need to hear other peoples perspective on this.

Now if I cancel the petition what will happen? If we change our mind and live in canada instead, but say a few years later we decide to move back to US, will this cause any problem when I decide to petition him again?

I would suggest getting professional advise to be on the safe side.

[milimelo 4,481]

Stall the process at NVC but keep in touch with them once a year. Then pay fees when you're ready to move. I wouldn't wait for it to be administratively closed as then you have to do I-824 and pay fees for them to find your application and act on it

[EM_Vandaveer 2,408]

An approved I-130 lasts forever. OP can simply not send in anything to the NVC. The case will be administratively be closed after a year. When they are ready to return to the US, they can have the case reopen.

So, there is no need to pay another I-130 fee or wait 6 months for another approval.

https://www.avvo.com/legal-answers/can-an-immigrant-petition-be-reopened---my-dad--us-1259620.html

Reopening the case costs about the same ($405) as filing a new I-130 as you have to file I-824 to re-open the case. It also takes 5-6 months to process I-824s, so I would not advise them letting the present petition be administratively closed. Edited September 30, 2016 by EM_Vandaveer

[Thesmiths2016 117]

NVC say that if you want to delay a petition, just make sure no more than a year goes past without keeping in touch with them. So I would advise them that you wish to delay, and make sure you regularly keep in contact to update them on your intentions.

[Cathi 5,755]

I would suggest getting professional advise to be on the safe side.

there is no need for "professional advice". Why pay for an attorney when the advice here is free and accurate?

OP: It's up to you and only you can make the choice of which path you want to follow. You can either slow things down by holding off paying the AOS fee, or if you don't think you will be moving to the US any time in the near future there are absolutely no adverse consequences in cancelling the petition. If you decide to cancel write a letter explaining the reason/reasons why and that's the end of it until you decide to file again in the future. Plans and situations change for people all of the time and USCIS knows this. You are over thinking it, don't worry, just choose the path you want to go with. Good luck!