how do I withdraw joint I-751 petition?

[laltunalmt 2]

Hi everyone,

I am the USC spouse and wanting to withdraw our joint petition to remove my husbands conditions. We filed in February and at the beginning of this month he moved out of our home to an undisclosed location. Abandoning myself, our 2 year old son and unborn child. I understand the general idea of sending in a letter but I am confused as to where this needs to be sent. Also I understand that he may reapply on his own but I am wondering will he have to resubmit the entire filing fee? Thank you for your help.

[Caryh 5,206]

This is a removal of conditions. He can not go forward on a joint removal if you're separated and divorcing without committing fraud. If they request an interview and you're not there, he will be denied. If no interview is requested, and he gets the 10 year card based on marriage, this could come back to haunt him later, particularly if divorce papers are filed or legal separation papers are filed. You can mail the letter to the local office, and the address you submitted the application to. Include a copy of the Notice of Action letter, case number and reference his A#. Further you can make an infopass appointment and drop off a copy of your withdrawal. Yes, he will need to resubmit an application to remove conditions based on divorce and pay the fee again. You do understand this will not remove your liability on the Affidavit of Support? Sorry to hear about your troubles.

[laltunalmt 2]

Thank you for the information. I was concerned about the Affidavit of Support since my father had to cosponsor. But that would only be an issue if he tried to apply for some kind of government assistance, no? He has a decent paying full time job with full benefits so, fingers crossed, that wont be an issue. Will immigration respond and deny the joint application fairly quickly, do you know?

[newlyweds2010 208]

Thank you for the information. I was concerned about the Affidavit of Support since my father had to cosponsor. But that would only be an issue if he tried to apply for some kind of government assistance, no? He has a decent paying full time job with full benefits so, fingers crossed, that wont be an issue. Will immigration respond and deny the joint application fairly quickly, do you know?

Unfortunately, you (and your father) are stuck with the affidavit of support regardless of whether you withdraw the joint petition, until he becomes a US citizen, loses his LPR status, works 40 quarters, or dies.

[Caryh 5,206]

Thank you for the information. I was concerned about the Affidavit of Support since my father had to cosponsor. But that would only be an issue if he tried to apply for some kind of government assistance, no? He has a decent paying full time job with full benefits so, fingers crossed, that wont be an issue. Will immigration respond and deny the joint application fairly quickly, do you know?

Generally its not so fast. The letter needs to catch up to the petition, then get worked on by a human, or something resembling one, at a service center or local office to process the denial. Getting a denial can take just as long as removing conditions. Technically you can't withdraw someone else's petition, and the ROC is his petition. What you're doing is removing your support and stating the marriage is ending. The petition then will not be granted, because its based on a marriage which has ended. He then refiles alone based on divorce, and as long as he shows he married in good faith, the 10 year green card is granted.

There's nothing to do about the affidavit of support, you and your father are stuck with it.

I do hope he comes forward and continues to support his children.

[bewildering 9]

I am very sorry to hear of your problems.

Unfortunately, with two children involved it is likely the USCIS would consider your marriage was real.

Your husband is required to support his children and there are many laws regarding this situation. I think you must visit a divorce lawyer today.

[Shelly11 14]

I am not sure what you can really do. He can get his ROC with or without your help. ROC is not intended to check on whether you are still madly in love, it is to verify that the marriage was entered into in good faith - and two children sounds pretty convincing to me that marriage was real. A friend of mine's exwife literary walked to USCIS office claiming that her marriage to her husband then (my buddy) was a fraud. She hated him so much she really did not care how bad all she looked. I know for a fact that this was a real marriage and they had a baby together. Anyway, they never took her seriously. I personally think she just looked like a jilted ex (I am not saying you are but I wanted to share an experience a friend of mine had)

If I was you, I would hope he can move up his career ladder and you can sue him for child support and get a good settlement. Hey, who knows, this may be a rough patch and you will be back together.

Also, I would think about this before really doing anything. I can imagine how hurt you are right now. Sometimes, doing things to ruin the other person can backfire on you. I am really hoping that he is just freaking out. Guyz do that - my ex-husband did but a lot of times, they come around especially when you guilt him by being nice. Only you know what you both had. You have the answers but think long and hard.

Whatever happens, he is the father of your children.

All the best

[laltunalmt 2]

Wow. To those of you who were direct and to the point about my specific questions I appreciate your response. This is one thing that really irritates me about this site is alot of you like assume things you dont know and even worse give your unsolicited opinion. You have no idea what my situation. I did not disclose enough for you to assume you know my motives. I asked nothing about whether I should do this or not. Whether our marriage was entered in good faith or not was not the question and is certainly not up for discussion. I am doing this not out of spite or hurt but because I refuse to put myself in a compromising position with my government by not alerting to the fact that my husband and I are no longer living together when the rules are very clear that we must still be living together OR be divorced which we are neither. My husband abandoned me leaving me with all the bills and rent to pay alone with our 2 year old and 1 on the way. He got his own place and refuses to even tell me where he lives. I am going to request to have to have our JOINT I-751 withdrawn because that is my right to do so. Whether or not he will re file on his own is completely up to him but I will no longer be cooperative in any of this. Why should I? Please refrain from sticking your nose where it doesn't belong and assuming things about people you know nothing about. Thank you.

[belinda63 3,038]

Hi everyone,

I am the USC spouse and wanting to withdraw our joint petition to remove my husbands conditions. We filed in February and at the beginning of this month he moved out of our home to an undisclosed location. Abandoning myself, our 2 year old son and unborn child. I understand the general idea of sending in a letter but I am confused as to where this needs to be sent. Send it to USCIS, the office that currently has the application, should be on your NOA-1, also make an infopass appointment and inform them, preferably provide it in writing when you go.

Also I understand that he may reapply on his own but I am wondering will he have to resubmit the entire filing fee? Yes, he will have to refile and pay the fee.

Thank you for your help.

As to the affidavit of support, nothing you can do, it is binding.

[laltunalmt 2]

Yes belinda, thank you. I understand that. I did not ask whether or not I could get out of it. But from I have read the responsibility only applies if the LRA applies for some kind of government assistance and thus far that is not the case nor do I feel it likely will be.

[anajnic 87]

Hi everyone,

I am the USC spouse and wanting to withdraw our joint petition to remove my husbands conditions. We filed in February and at the beginning of this month he moved out of our home to an undisclosed location. Abandoning myself, our 2 year old son and unborn child. I understand the general idea of sending in a letter but I am confused as to where this needs to be sent. Also I understand that he may reapply on his own but I am wondering will he have to resubmit the entire filing fee? Thank you for your help.

You know what!! they always think they can move forward on their own when the i751 is filed.. But noooooo they cannot.. He is in for a rude awakening.. Hpefully you get the advice you need and act quickly

[laltunalmt 2]

Thank you Anajnic! Like I said if he wants to reapply and handle all that by himself for once, that is entirely up to him but I refuse to be apart of it after this.

[Cheezees 1,514]

I don't know if your husband received his 1year extension or not but you may not be able to withdraw/get out of the joint petition. If he moved out BEFORE his GC expired (within the 2 year period), then he has blatantly violated the terms of the GC. The rules are clear. If you are not divorced, you MUST be sharing a life together. Even those who attend couples counseling or are living miserably together are fine. But you are NOT allowed to leave the marital home, as he has done. If you know he has violated the terms of the conditional GC, by all means send the letter. If he has not violated the terms (check the dates!), sending the letter has no legal recourse. (His behaviour, unfortunately, has no bearing on his ability to dissolve the marriage and refile).

I am very sorry for the situation you are in.

[elmcitymaven 9,712]

If he moved out BEFORE his GC expired (within the 2 year period), then he has blatantly violated the terms of the GC. The rules are clear. If you are not divorced, you MUST be sharing a life together. Even those who attend couples counseling or are living miserably together are fine. But you are NOT allowed to leave the marital home, as he has done.

Wrong.

[Caryh 5,206]

I don't know if your husband received his 1year extension or not but you may not be able to withdraw/get out of the joint petition. If he moved out BEFORE his GC expired (within the 2 year period), then he has blatantly violated the terms of the GC. The rules are clear. If you are not divorced, you MUST be sharing a life together.

The rules do not state that. There is no condition that a married couple even live together while one of them is here with a conditional green card. The condition is they are married and did not marry to avoid immigration laws. Granted its going to be hard you didn't marry to avoid immigration laws if you're not living together, but that does not make it a rule. And when a marriage breaks down, it is normal for one to move out. They just need to file to remove conditions with a waiver based on being separated or divorced, rather than removing conditions as a married couple.