Withdrawal of Filing Marriage based green card application

[Coke987 0]

Hi Guys, 

I sent in an application for my spouse after we married. We are now separated. We attended the interview in July 2016 and the status is still saying schedule for interview online when I check it to this date November 2018. We are no longer together and I want to withdraw the application. How can I proceed with this? 

[Boiler 46,338]

What happened after the interview, has it been in AP for 2 years?

[little immigrant 801]

Have you divorced yet? 

[Coke987 0]

  On 11/6/2018 at 4:29 PM, Boiler said:

What happened after the interview, has it been in AP for 2 years?

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What is AP?

  On 11/6/2018 at 4:32 PM, little immigrant said:

Have you divorced yet? 

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No divorce is not filed yet

[Boiler 46,338]

You had your interview so the next thing usually would be for the GC to be issued or Immigrant Visa if overseas, so that sounds like it did not happen, did it go for review, AP, or what?

[Coke987 0]

  On 11/6/2018 at 4:56 PM, Boiler said:

You had your interview so the next thing usually would be for the GC to be issued or Immigrant Visa if overseas, so that sounds like it did not happen, did it go for review, AP, or what?

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I'm not sure what a AP is. The status is saying "On July 22, 2016, we scheduled you for an interview and mailed you an interview notice for Receipt number MSC************. Your interview is on August 25, 2016. Please Follow the instructions in the notice. If you do not receive your interview notice by August 21, 2016, please go to www.uscis.gov/e-request" We already did the interview but I want to cancel this petition because we are separated. I don't even know where he lives now. What should I do?

[Dashinka 24,943]

  On 11/6/2018 at 4:39 PM, Coke987 said:

What is AP?

No divorce is not filed yet

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AP means administrative processsing.  So you went for an interview for the AOS in 2016 and two years later you are getting divorced?  Or was this just a typo with the interview being in July 2018?  Did you spouse ever receive a GC?  

Edited November 6, 2018 by Bill & Katya

[geowrian 22,338]

  On 11/6/2018 at 5:06 PM, Coke987 said:

I'm not sure what a AP is. The status is saying "On July 22, 2016, we scheduled you for an interview and mailed you an interview notice for Receipt number MSC************. Your interview is on August 25, 2016. Please Follow the instructions in the notice. If you do not receive your interview notice by August 21, 2016, please go to www.uscis.gov/e-request" We already did the interview but I want to cancel this petition because we are separated. I don't even know where he lives now. What should I do?

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Send a letter requesting withdrawal of the I-130 and I-864 to USCIS.

That said, are you sure AOS was never approved (or denied)? It's very highly unusual to not have a decision for AOS after ~2.5 years after the interview.

Also check the new tracker: https://myaccount.uscis.dhs.gov/

[Boiler 46,338]

What happened at the interview, was it successful?

[Coke987 0]

  On 11/6/2018 at 5:10 PM, Boiler said:

What happened at the interview, was it successful?

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They say further notice... after we went to them afterwards they had said to bring some info like taxes etc it will help more but it is not denied or accepted....but what I really want to do is cancel the petition.

 

[Coke987 0]

  On 11/6/2018 at 5:07 PM, Bill & Katya said:

AP means administrative processsing.  So you went for an interview for the AOS in 2016 and two years later you are getting divorced?  Or was this just a typo with the interview being in July 2018?  Did you spouse ever receive a GC?  

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No he did not receive green card. 

  On 11/6/2018 at 5:08 PM, geowrian said:

Send a letter requesting withdrawal of the I-130 and I-864 to USCIS.

That said, are you sure AOS was never approved (or denied)? It's very highly unusual to not have a decision for AOS after ~2.5 years after the interview.

Also check the new tracker: https://myaccount.uscis.dhs.gov/

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What is the i864?

[Boiler 46,338]

So it sounds like you were put into AP pending submission of additional documentation to support the I 864 and never did so, you can contact them and pull the I 864 but as you never properly submitted one seems a bit of a non issue.

[geowrian 22,338]

  On 11/6/2018 at 5:15 PM, Coke987 said:

What is the i864?

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The Affidavit of Support.

If you never filed one, then there's nothing to withdraw. Although typically they don't schedule an interview without having submitted one as it is a required document.

[Coke987 0]

  On 11/6/2018 at 5:22 PM, geowrian said:

The Affidavit of Support.

If you never filed one, then there's nothing to withdraw. Although typically they don't schedule an interview without having submitted one as it is a required document.

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I485 the person already in the US. So is it the i130 and the i485 I should withdraw?

[geowrian 22,338]

  On 11/6/2018 at 5:25 PM, Coke987 said:

I485 the person already in the US. So is it the i130 and the i485 I should withdraw?

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The I-485 is their application so you can't do anything about it. But it requires an I-864 from you as a required document, which is something you can pull.

You can write a letter to withdraw the I-130 as well.