how to cancel a pending AOS application

[pepper44 18]

How do I submit a withdraw for a case that is pending? I submitted it back in April and received the notice they accepted the case but no other updates since then except the fingerprint appointment? 

[Hypnos 6,576]

Write a formal letter giving your full name, alien number, and I-485 receipt number, and state you wish to withdraw your I-485. Hand-deliver one copy to an IO at an Infopass appointment, and send another copy to the address listed that is processing your application.

[Going through 5,671]

You must notify USCIS in writing of the withdrawal by sending the USCIS a signed and dated letter referencing your full name, your date of birth, the type of application and the USCIS Receipt Number of the pending application.  It's a good idea to notarize the letter and enclose a copy of the USCIS Receipt Notice.  Mail it to the field office handling your case.

 

Keep in mind once you do that, there's no turning back from it.  So it's a serious decision that shouldn't be taken lightly.  You won't get a refund of the application fee either, but you probably already knew that.

[pepper44 18]

how quickly is it done? If he stays here he would become Illegal? Even if we married? 

[Hypnos 6,576]

A withdrawal is usually processed within a week or two of the request. 

 

USCIS would probably send a letter confirming the withdrawal, and it may additionally state that the alien should now depart the US within 30 days. 

 

If he stays then he is deportable, can be detained by ICE, and would be illegally present as an undocumented immigrant. 

[Going through 5,671]

9 hours ago, pepper44 said:

If he stays here he would become Illegal? Even if we married?

Theoretically, since you already married, the spouse can make the argument to USCIS that the marriage was entered into with bonafide intentions, and that even though the AOS was withdrawn by the petitioner he has a basis for USCIS to continue with the application without your involvement---although legally sound, this type of request is normally denied (probably because of the lack of financial support from the USC previously agreed to when filing), unless he files a waiver and can prove he is a victim of physical/mental domestic abuse.

[pepper44 18]

3 hours ago, Going through said:

Theoretically, since you already married, the spouse can make the argument to USCIS that the marriage was entered into with bonafide intentions, and that even though the AOS was withdrawn by the petitioner he has a basis for USCIS to continue with the application without your involvement---although legally sound, this type of request is normally denied (probably because of the lack of financial support from the USC previously agreed to when filing), unless he files a waiver and can prove he is a victim of physical/mental domestic abuse.

even if it was a lie to get here? The marriage is annulled? 

[Going through 5,671]

11 minutes ago, pepper44 said:

even if it was a lie to get here? The marriage is annulled? 

You hadn't said that before, so my previous answer wasn't based on it possibly being intentional fraud on your spouse's part.

 

If the entire marriage/relationship was fake just to get a GC, then the person would have a hard time proving it was entered into under bonafide reasons, so I wouldn't worry too much if they did try (again, it's normally denied anyhow except under VAWA waivers where it is POSSIBLE an application may move forward after that without the USC being involved, so long as the conditions for obtaining a VAWA are proven AND the marriage was a bonafide one).

 

If you were aware that the marriage was false (even though you are a US citizen) then it's also fraud on your part.  If you were not aware of that until now, then just cancel the AOS as outlined above.

Edited August 13, 2017 by Going through

[Lemonslice 4,841]

Your country flag says Cuba - if (s)he is Cuban, your ex might be able to stay with the Cuban Adjustment Act. 

[Ebunoluwa 6,136]

Withdraw YOUR affidavit of support and let him worry about the rest concerning HIS application.