Divorce before IR-1 Interview Scheduled (Post DQ)

[Anmol Yash 55]

Hi everyone, posting for a friend.. 

 

My friend and their spouse had their I-130 approved and were DQed in March awaiting their IL. The case is still at NVC.

 

They are now considering a divorce and I was just wondering what my friend needs to do next. The beneficiary spouse no longer wants to immigrate, so I'm hoping it's fairly straightforward..

 

Do they need to contact NVC and withdraw the I-864?
How do they proceed to "cancel" the application/process and make sure an interview isn't scheduled?

Do they need to contact the embassy (Canada) where the immigrant was set to interview?

 

I'm sorry if this has been asked here before. I've mostly just seen posts where the spouse is already here in the US. Appreciate all the help!!

Edited July 12, 2020 by Anmol Yash
IR-1 instead of CR-1

[geowrian 22,337]

Contact USCIS (by mail) and withdraw the I-130 petition.

Since NVC has the case right now, send another request to NVC along with  copy of the letter sent to USCIS. They can request to withdraw the I-864 as well, although no I-130 = no basis for a visa = no I-864 could be enforced.

Edited July 12, 2020 by geowrian

[Anmol Yash 55]

19 minutes ago, geowrian said:

Contact USCIS (by mail) and withdraw the I-130 petition.

Since NVC has the case right now, send another request to NVC along with  copy of the letter sent to USCIS. They can request to withdraw the I-864 as well, although no I-130 = no basis for a visa = no I-864 could be enforced.

Thank you so much! 

[milimelo 4,481]

I’d also email the consulate where the interview should’ve taken place. Not unheard of beneficiaries still going through  with the interview and getting into country on immigrant visa as petitioner didn’t do their due diligence (revoke I-864, I-130, notify NVC, embassy).