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Sunnshine Contributor

Sunnshine   7

Posted
Filed: AOS (pnd) Timeline
Posted

Hello,

 

I am a US citizen that’s petitioned for my husband. He came on a J1 and we have an interview on Monday for adjusting his status. The issue is, I want to withdraw my petition due to the marriage not working out. But, we have a business together and afraid that if I don’t go, he would have to go back home and that would stop the business. Do we have any options at this point, for him to stay legally without me petitioning for him? 

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

Unfortunately, if you don't go through with the process may have to eventually go back home if he cannot continue on his old J1.

 

Simply being married to you is not going to cut it for him to stay here legally. He has to have completed the AOS also. And simply owning a business with you is not enough also. 

 

If he can stay on his J1, he may be fine but you have to check the status of that now that he has filed AOS. And even then, the J1 is temprorary.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted (edited)

Withdrawing is easy, you can join him for the interview and hand your withdrawal letter to the IO or mail the letter and don't show up at the interview. I don't think you can withdraw it after it gets approved.

 

Once you withdraw, his AOS will be denied and will have to leave the US or stay illegally unless he was maintaining the J1 status and never used AOS based EAD.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Sunnshine Contributor

Sunnshine   7

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted
11 minutes ago, arken said:

Withdrawing is easy, you can join him for the interview and hand your withdrawal letter to the IO or mail the letter and don't show up at the interview. I don't think you can withdraw it after it gets approved.

 

Once you withdraw, his AOS will be denied and will have to leave the US or stay illegally unless he was maintaining the J1 status and never used AOS based EAD.

Thank you. His J1 has already expired. Monday we have our GC interview to adjust status. So, if i don’t show up, he will have to go back home? 

Deagle Proficient

Deagle   508

Posted
Filed: Citizen (pnd) Country: Lebanon
 Timeline
Posted
11 minutes ago, ReneeJas said:

So, if i don’t show up, he will have to go back home? 

Most likely yes. If he doesn't find another legal immigration route to go on, he will no longer can stay in the US legally. 

The immigration process caused me PTSD.

Boiler Grand Master

Boiler   45,735

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He would have needed EAD to work in the business so would need to leave. J1 would be dead.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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