Withdrawing AOS while in AP/DS-5535 (split)

[BasitJeffries 0]

Was hoping to get someone's guidance on my situation.

 

My spouse's IR1 visa has been in Administrative Processing at the Montreal Consulate for 11 months (Form DS-5535).

 

Spouse told me the interview with the Consular officer went well and they accepted all the documents (I-864 Affidavit of Support, etc) and only required my spouse to submit Form DS-5535, nothing else. That was about a year ago. 

 

I recently discovered my spouse was communicating with someone else while I was overseas and then later admitted to it. 

 

My spouse's is asking me for forgiveness but I don't have it in my heart to accept something like this.

 

I've decided I want to withdraw my spouse's IR1 visa petition, but I'm worried that because it is already in Administrative Processing, we are too far in the process for me to cancel it? Is this correct?

 

My understanding is that all I'd need to do is email the Montreal Consulate, tell them that my spouse is in AP for 11 months, and that I want to withdraw the I-864 Affidavit of Support I signed for my spouse.

 

Is it likely that the Consular officer will actually read my email, understand what I'm asking for, and actually withdraw the I-864 Affidavit of Support I signed for my spouse and not Issue the visa? 

 

Or is it unlikely that the Consular officers will know how to handle a process like this and cancel it?

 

If so, will the visa petition be immediately revoked and sent back to the NVC, or will it simply stay in "Refused" status and stay with the Embassy before it automatically is canceled due to inactivity. 

 

My fear is that my spouse will eventually be Issued the visa after the AP is over, and then I'll be legally on the hook after that. 

Edited May 8 by BasitJeffries

[Ontarkie 14,324]

~~Questions has been split off an unrelated thread and moved to IR1/CR1 P&P forum the Canada forum.~~

[Ontarkie 14,324]

If you are 100% sure you are done then you need to make your Subject line to get their attention. Something like Urgent withdrawing AOS/divorcing. 

 

Once you send in that email then you can also send an email to CBP with the same message. Divorcing spouse, AOS has been withdrawn. Please be aware, do not endorse visa. 

 

Just remember there is no going back or undoing this. 

[Family 4,068]

5 minutes ago, Ontarkie said:

If you are 100% sure you are done then you need to make your Subject line to get their attention. Something like Urgent withdrawing AOS/divorcing. 

 

Once you send in that email then you can also send an email to CBP with the same message. Divorcing spouse, AOS has been withdrawn. Please be aware, do not endorse visa. 

 

Just remember there is no going back or undoing this. 

Agree with above with recommendation to write out a Letter , sign it and attach it to the email and for good measure even mail it via snail mail w tracking.

 

As long as withdrawal is before visa is issued , case will be closed

[BasitJeffries 0]

16 hours ago, Ontarkie said:

If you are 100% sure you are done then you need to make your Subject line to get their attention. Something like Urgent withdrawing AOS/divorcing. 

 

Once you send in that email then you can also send an email to CBP with the same message. Divorcing spouse, AOS has been withdrawn. Please be aware, do not endorse visa. 

 

Just remember there is no going back or undoing this. 

 

I know how to contact the Consulate, but I have no idea how to contact CBP.

 

How do I do that and what is CBP's email? 

[pushbrk 13,011]

2 hours ago, BasitJeffries said:

 

I know how to contact the Consulate, but I have no idea how to contact CBP.

 

How do I do that and what is CBP's email? 

After that, you wait for a response.  Google the email address.

[Ontarkie 14,324]

2 hours ago, BasitJeffries said:

 

I know how to contact the Consulate, but I have no idea how to contact CBP.

 

How do I do that and what is CBP's email? 

You would have to google that.