Can I withdraw petition prior to interview?

[queen7 0]

Greetings. I hope that this finds everyone well in the new year. I know that we all hope for the best, but sometimes....things happen. I plan to either try to annul (I know how difficult it is) or file for divorce (I have to wait for a year of separation before I can file) and our interview is at the end of Feb....can I notify NVC and the embassy that I wish to withdraw the petition even if I haven't filed for divorce yet?

I have no evil feelings towards my SO, but I definitely don't want to be financially responsible for the next 10 years.

Thanks for your help!!!

[vickky 0]

Greetings. I hope that this finds everyone well in the new year. I know that we all hope for the best, but sometimes....things happen. I plan to either try to annul (I know how difficult it is) or file for divorce (I have to wait for a year of separation before I can file) and our interview is at the end of Feb....can I notify NVC and the embassy that I wish to withdraw the petition even if I haven't filed for divorce yet?

I have no evil feelings towards my SO, but I definitely don't want to be financially responsible for the next 10 years.

Thanks for your help!!!

hi i dont realy get what u're sayin? do u want to withdraw cos of financial issues or somethin more than that, well all depends on what is goin on wt ur relationship, i cant help; hope some one else could assits wt this issues.

do what is best for u.

[road2kros 0]

can I notify NVC and the embassy that I wish to withdraw the petition even if I haven't filed for divorce yet?

Since your petition is already at the embassy and the interview is already scheduled. It is best to call the embassy or put it in writing about your intention of withdrawing the petition.

[aussiewench 9]

In order to cancel a visa petition, a signed and dated request must be made by the petitioner in a family-based immigrant visa case, or by either the visa applicant or the petitioner in an employment-based immigrant visa case.

This written request to cancel the visa petition must be sent either to the National Visa Center, if the petition is on file at the NVC:

U.S. State Dept.

National Visa Center

32 Rochester Ave.

Portsmouth, NH 03801-2909

or to the U.S. Embassy where interview is to be held

Wishing you all the best,

Lorelle

[Yodrak 7]

queen,

Are you the USC or the immigrant?

What petition are you talking about, I-130 or I-485 (labeled as an application, but sometimes referred to as a petition)?

Yodrak

Greetings. I hope that this finds everyone well in the new year. I know that we all hope for the best, but sometimes....things happen. I plan to either try to annul (I know how difficult it is) or file for divorce (I have to wait for a year of separation before I can file) and our interview is at the end of Feb....can I notify NVC and the embassy that I wish to withdraw the petition even if I haven't filed for divorce yet?

I have no evil feelings towards my SO, but I definitely don't want to be financially responsible for the next 10 years.

Thanks for your help!!!

[queen7 0]

I'm sorry that I wasn't clear. We have gone all the way through the CR-1 visa process and have our interview scheduled this month. I am the USC and I am ending my relationship with the beneficiary. I don't want him to arrive and be financially responsible for him for 10 years. I just wanted to know what steps to take in order to withdraw my initial I-130 petition, thus ending the I-864 committment as well.

I appreciate your assistance!!!

[dmartmar 1]

Just don't show up at the interview, which would on your behalf then signal to the USCIS you have no interest whatsoever in further pursuing your SO's application/petition.

You can also write a letter to the office where the interview will take place or the one the original paperwork for processing was sent to, explaining why you've decided to request that his application/petition be withdrawn.

I do think that in order for your request to be successful, a very good and valid reason will have to be given by you to the USCIS, with plenty of supporting evidence backing up your claim. You can't write to the Agency and request they withdraw everything just for the sake of doing so, since they take requests such as these very seriously. Remember you're dealing with a Federal Gov't. Agency.

In my case, I claimed marriage fraud to the Agency regarding my immigrant ex-wife's ulterior motive when we married and using that as my main reason, I was able to actually have them acknowledge and withdraw my sponsorship and her application. I would assume and attribute my success to the fact I submitted plenty of credible evidence along with my claim/request letter.

But in your case, according to your original post, fraud is not the reason you want to withdraw your SO's application/sponsorship, which I assume could make it perhaps harder for you to give the Agency a valid reason for your request.

If you have a paper trail or timeline of events and/or situations that have until now finally made you reach this decision after all the hassles, submit them along with your request letter.

[MrsBruce5 0]

If it's a CR1, she doesn't have to be there for the interview as it is not in the US.

Queen, my advice is: cover your a**, and make the call to the embassy. Then, write a letter. Send it certified, return reciept to the NVC and to the Embassy.

Good luck, and I am sorry it did not work out.

-Rose

[dmartmar 1]

[if it's a CR1, she doesn't have to be there for the interview as it is not in the US.]

Oh yeah, you're right! I missed that part.

Then in that case, your only option is to write letters to both the embassy in his home country and the office here in the states processing your paperwork, requesting they withdraw everything on your behalf.

Follow MrsBruce's5 advice. She's right on target.

Edited February 4, 2006 by dmartmar

[dmartmar 1]

[hi i dont really get what u're sayin? do u want to withdraw cos of financial issues or somethin' more than that]

Regardless of whether there is something more to it or not, you should still go ahead and withdraw everything anyway, b/c of the huge financial burden he could bring upon you for the next 10 years!

If you were to perhaps be on her shoes vickky, you'd probably think and act the same way.

[What petition are you talking about, I-130 or I-485 (labeled as an application, but sometimes referred to as a petition)?]

If the I-130 is withdrawn, all other forms including the I-864 or I-485 would follow, as they're all dependant on the I-130 being approved. But once married, he can file for a waiver towards the I-485 on his own.

Edited February 4, 2006 by dmartmar

[dmartmar 1]

[but once married, he can file for a waiver towards the I-485 on his own.]

I apologize for my typo. What I truly meant to write was that once DIVORCED, he could then file for the "bona fide" marriage waiver on his own, to be used towards the I-485 (adjustment of status form).

[diadromous mermaid 36]

[but once married, he can file for a waiver towards the I-485 on his own.]

I apologize for my typo. What I truly meant to write was that once DIVORCED, he could then file for the "bona fide" marriage waiver on his own, to be used towards the I-485 (adjustment of status form).

Huh? Isn't this a CR-1 situation? If so the I-130 has been approved and a USC can only withdraw a petition prior to approval. That said, the I-864, which has been submitted by the USC petitioner can be withdrawn prior to the interview.

[dmartmar 1]

If the CR1 has been approved already, then why would the embassy in his home country schedule an appointment for him at the end of the month? Based on the info. provided in the OP's beginning post, it seems as if the scheduled end of the month interview is to actually get CR1 status granted.

Queen, am I wrong in making this assumption? If so, then what's the interview exactly for?

Edited February 5, 2006 by dmartmar

[diadromous mermaid 36]

Did I say the CR was approved? I said the I-130 was approved. My understanding is that after approval of the I-130 petition then a packet is sent to alien spouse, and filled out. Then USC sends I-864, and interview is scheduled.

[dmartmar 1]

You're right dm! I misread your post and understood you meant CR1 status had already been granted, when it's really been form I-130 (petition for alien relative) instead, which would in turn explain why his CR1 status interview has been scheduled already. That being the case, once the I-130 is approved it cannot be retracted by the Agency, nor the USC, unless he/she provides the Agency with ample and highly credible evidence that the alien didn't deserve approval to begin with, as to make the Agency reconsider their decision. I find this very hard to accomplish though.

Queen, in your case and based on the above, all you'd have to do is not submit form I-864 once received.