I-485 Withdrawal Post-Interview

[RL & CH 45]

Hello!

I had looked through the forums but couldn't find anybody in a similar situation that had posted, here we go:

 

I entered the US last April on a K-1 visa, we got married in May and then applied for AOS in June.

 

We lived with his parents and his estranged brother whom threatened to kill me in October. He had driven home drunk around 3am, and proceeded to shout profanities outside of our room door. I filed a police report and our statements were taken.

 

Husband and I started looking to relocate, but constant discussions with his parents made us both feel trapped, and we came to the conclusion that changes in our lives needed to be made.

 

His brother is an ex-con and he was also under probation for a DUI, so his parents insisted that I don't get the police involved, as they are a fairly conservative Asian family. I was told to just forgive and forget, as we are all family. He proceeded to harass us a couple more times in October and November, then one more time in December before my husband decided to stand his ground against his family in order to protect me.

 

However, his brother ended up going to jail in January. Husband and I were not informed of the exact reason, but felt that we were safe enough to continue living with his parents.

 

I received my AP/EAD while we were on our belated honeymoon and celebrating our anniversary at Disneyland in the middle of January.

 

We planned a trip ASAP to visit my family and my dog in Vancouver, BC for the end of February, only to learn that his brother was being released from jail to return to his family home some time in March. Husband then decided that it was best for me to stay with my family until things cooled down.

 

Our interview got scheduled for March 16 so I flew back to the US with my AP, and we attended our interview together. We had provided relevant documents proving that we had shared expenses + health insurance, joint bank account and other evidence.  We both regret not mentioning the incident with his brother, and not providing the police report. While we did not receive an answer after the interview concluded, our officer informed us that it could take 120 days to hear back as USCIS is handling a lot of cases at this time. We didn't think much of it, and proceeded to enjoy our time together before I flew back to Canada on March 20.

 

We received at RFE last week stating the following:

 

Records indicate you traveled outside the United States on or after March 20, 2022. Please submit the following:

 

- Upon return, submit copies of these documents you used to last enter the United States,

• copies of passport pages that have U.S. visas,
• Form I-512, Authorization for Advance Parole, and
• Form I-94, Arrival-Departure Document

 

Now we are contemplating withdrawing the application as it sounds like I need to return and remain in the United States until the I-485 is approved, which would not be an issue if my husband and I were ready to move somewhere outside of California, far away from his family. On top of this, he has decided to pursue a Mechanical Engineering program here in Canada for September 2023.

 

We are curious with regards to the following:

 

1. How do we withdraw our application? (and not make it seem fraudulent, as both of us still love each other and are committed to spending the rest of our lives together)
2. Will it affect a future CR-1 application when we decide to move back to the United States?
3. How do I surrender my AP/EAD when we withdraw our application?

 

ANY AND ALL ADVICE IS VERY MUCH APPRECIATED. 🙏

 

I sincerely thank you for your time to finish reading my post!

 

tl;dr

• Estranged BIL threatened my life and in-laws didn't do anything about it aside from telling me to forgive and forget
• Husband and I believe that I am in danger
• Decided to stay with my family back in Canada until things cooled down
• Flew back for interview and got RFE (in bold)
• Husband decides that he needs time away from his family and to pursue further education in Canada
• We want to withdraw our I-485 after the interview and after RFE but wondering what the consequences are

 

 

 

[Mike E 11,742]

Fascinating situation.  
 

1. Respond to RFE with the original RFE and a letter signed by you indicating that you are withdrawing your I-485.  
 

2. No.  
 

3.  If USCIS wants them, they will ask for it.  Or next time you enter the USA, surrender these documents to CBP if they want them. IME, neither USCIS nor CBP asked for these, though some I-485 applicants have a different experience. My wife’s combo card,Ong since expired, is somewhere in our house.  

[Rocio0010 5,670]

2 hours ago, RL & CH said:

Will it affect a future CR-1 application when we decide to move back to the United States?

If anything, it will make it stronger because you stayed together through all of this. Document everything 

[mam521 2,240]

8 hours ago, Rocio0010 said:

If anything, it will make it stronger because you stayed together through all of this. Document everything 

This and if you do consular processing and you enter after your 2nd year anniversary, you don't have to remove conditions.  You'll be issued a 10yr greencard.  

[Rocio0010 5,670]

3 hours ago, mam521 said:

you don't have to remove conditions.

Good catch! I would do anything to avoid ROC... Money, paperwork, and long waiting times!

[RL & CH 45]

23 hours ago, Mike E said:

Fascinating situation.  
 

1. Respond to RFE with the original RFE and a letter signed by you indicating that you are withdrawing your I-485.  
 

2. No.  
 

3.  If USCIS wants them, they will ask for it.  Or next time you enter the USA, surrender these documents to CBP if they want them. IME, neither USCIS nor CBP asked for these, though some I-485 applicants have a different experience. My wife’s combo card,Ong since expired, is somewhere in our house.  

Thank you for your informative answer!

I will do just that.

 

21 hours ago, Rocio0010 said:

If anything, it will make it stronger because you stayed together through all of this. Document everything 

I sure hope so. We celebrated 3000 days together a few days ago.

 

13 hours ago, mam521 said:

This and if you do consular processing and you enter after your 2nd year anniversary, you don't have to remove conditions.  You'll be issued a 10yr greencard.  

This sounds amazing. I've heard nothing but negative things about removing conditions. Thanks for the insight!

[Ontarkie 14,535]

I would respond with the RFE with everything they ask.

I also would not withdraw the i-485 your husband is thinking about going back to school. This does not mean he will get into the program he wants in Canada or that he won't change his mind. Then you have to start all over and take 2 years just about to get back.

 

Let the process continue you already paid for it let it go on. This does not mean you can't stay in Canada to visit with your AP. They just want to make sure you left with AP in hand and didn't abandon your AOS. 

 

I'm very sorry about everything. Not the way for a new married couple to start off. 

[RL & CH 45]

9 hours ago, Ontarkie said:

I would respond with the RFE with everything they ask.

I also would not withdraw the i-485 your husband is thinking about going back to school. This does not mean he will get into the program he wants in Canada or that he won't change his mind. Then you have to start all over and take 2 years just about to get back.

 

Let the process continue you already paid for it let it go on. This does not mean you can't stay in Canada to visit with your AP. They just want to make sure you left with AP in hand and didn't abandon your AOS. 

 

I'm very sorry about everything. Not the way for a new married couple to start off. 

Thank you for your insight!

 

Taking into consideration of what everybody has said so far, and all that we have experienced – we’ve decided to respond to the RFE and withdraw AOS. We will apply for CR-1 when we decide to establish residency in the US in the future.

 

We submitted an outland spousal PR application for Canada. Regardless of whether or not he gets accepted for his program, both of us are now certain that we want to live in Canada for at least 2 years before choosing where to settle down.

 

Once again, thank you all for taking your valuable time to read and reply to my post!

[LJVotolato 13]

On 4/8/2022 at 2:24 AM, RL & CH said:

Thank you for your insight!

 

Taking into consideration of what everybody has said so far, and all that we have experienced – we’ve decided to respond to the RFE and withdraw AOS. We will apply for CR-1 when we decide to establish residency in the US in the future.

 

We submitted an outland spousal PR application for Canada. Regardless of whether or not he gets accepted for his program, both of us are now certain that we want to live in Canada for at least 2 years before choosing where to settle down.

 

Once again, thank you all for taking your valuable time to read and reply to my post!

I'm late to this topic but I'm Canadian and came to the States in December, got married in December and waiting for AOS. How did you rationalize your decision to go back to Canada while you were waiting for your AOS approval? I really want to go back to Vancouver (where I'm from) but am so scared of the repercussions of doing so while I'm waiting for my EAD and AOS to come through??

[Redro 4,612]

2 hours ago, LJVotolato said:

I'm late to this topic but I'm Canadian and came to the States in December, got married in December and waiting for AOS. How did you rationalize your decision to go back to Canada while you were waiting for your AOS approval? I really want to go back to Vancouver (where I'm from) but am so scared of the repercussions of doing so while I'm waiting for my EAD and AOS to come through??

If you read the OP. 

She was in fear of her life AND her husband will be moving to Canada with her (now). 

They already had their interview and she was living in Canada with AP while waiting for the interview and then returned to Canada right after the interview- that probably triggered the RFE. 

If you do not have AP yet you will be abandoning your AOS. 

If you feel like you are not in the US you should do what is best for your safety. 

If you have the support of your partner you should consider moving to Canada together.

The option to move to the US will always be open to you (unless they deem you inadmissable). 

 

Edited May 15, 2022 by ROK2USA

[SalishSea 18,191]

3 hours ago, LJVotolato said:

I'm late to this topic but I'm Canadian and came to the States in December, got married in December and waiting for AOS. How did you rationalize your decision to go back to Canada while you were waiting for your AOS approval? I really want to go back to Vancouver (where I'm from) but am so scared of the repercussions of doing so while I'm waiting for my EAD and AOS to come through??

You realize don't you that you would be abandoning your AOS?