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.