How to proceed with separation prior to conditional residency

[Audsi 2]

Hello. I'm a beneficiary of an approved K1 visa. 

I arrived to the US and married my current spouse in February. However I no longer want to remain in the US and plan on going back home separated from my spouse at the expense of losing my potential US residency. 

 

Timeline: 

February -married

March- USCIS received application for AOS

April- USCIS scheduled a biometrics appointment which I attended. 

 

I have not received  any docs since and have not received my conditional resident card either. 

 

What actions must i take before I leave the country?

 

thanks in advance 

[inloveVEN 46]

you must remain married with the same person who file the petition to receive your green card. you also need to attend to an interview as a married couple. additionally you have to attend another interview in 2 years to remove your conditional status. You both have decided to end your relationship so you are not into the path of K1 anymore

[Audsi 2]

That's clearly not my concern. As mentioned above, I do not wish to stay in the US or continue with my process for residency. Question is: what must I do before leaving the US to withdraw myself from this process?

[Starkilla09 366]

You don't really need to do much. Your AOS will be considered abandoned if you depart the U.S anytime without advance parole. To make things neat, have your spouse write a letter to withdraw the petition. 

[Audsi 2]

Okay thank you Starkilla09

[Audsi 2]

What happens if we don't file for divorce? And I just leave and don't come back 

Edited April 30, 2017 by Audsi

[Lemonslice 4,961]

6 minutes ago, Audsi said:

What happens if we don't file for divorce? And I just leave and don't come back 

If neither of you file for divorce, you'll remain married to each other.

[Scandi 4,180]

There is no petition to withdraw for the USC. The AOS is the foreigner's application and I think the best strategy would be to contact USCIS (infopass would be the best option) and tell them you want to withdraw the application. The USC could also withdraw his i-864, that would definitely put an end to things as well.

[Audsi 2]

3 minutes ago, Lemonslice said:

If neither of you file for divorce, you'll remain married to each other.

Why was I under the impression that after a few years of separation,the marriage voided by default. Was this fiction?

[Lemonslice 4,961]

Just now, Audsi said:

Why was I under the impression that after a few years of separation,the marriage voided by default. Was this fiction?

Never heard of this in the United States. Maybe in other countries, I wouldn't know. 

[Audsi 2]

5 minutes ago, Scandi said:

There is no petition to withdraw for the USC. The AOS is the foreigner's application and I think the best strategy would be to contact USCIS (infopass would be the best option) and tell them you want to withdraw the application. The USC could also withdraw his i-864, that would definitely put an end to things as well.

Okay great. Yes I'll definitely give them a ring 

[Scandi 4,180]

Just now, Audsi said:

Why was I under the impression that after a few years of separation,the marriage voided by default. Was this fiction?

You actively have to file for divorce. A marriage isn't something that goes away by iself, it's not a virus.

[Audsi 2]

1 minute ago, Lemonslice said:

Never heard of this in the United States. Maybe in other countries, I wouldn't know. 

Right. That's probably where my sources come from. Thank you!

 

[Audsi 2]

2 hours ago, Scandi said:

You actively have to file for divorce. A marriage isn't something that goes away by iself, it's not a virus.

 

[USAMorocco 143]

19 hours ago, inloveVEN said:

you must remain married with the same person who file the petition to receive your green card. you also need to attend to an interview as a married couple. additionally you have to attend another interview in 2 years to remove your conditional status. You both have decided to end your relationship so you are not into the path of K1 anymore

That's not what he asked.