did something stupid

[san diego 407]

Let me tell you the story and waiting for the answer:

My wife is USC. My father in law used to visit us once a year from Russia, for two weeks every year. His multi-entry visa expired this October. He told us multiple times: he is very wealthy in Russia and does not want to move (every time he visits he brings substantial money as a gift). He used to get visitor visa to visit us all the time and never had a problem. As political situation in Russia deteriorated, we decided that this is the best choice to file for him for moving to US. Which we did, without his consent.. He still does not want to move to US, but still wants to visit us once a year. Once we filed the petition, we showed his immigration intent, even though he is not planning on moving. We still want him to visit us. How can we undo this?? What is the best way to undo immigration and let him visit?? I repeat, he does not want to immigrate..

[Alaska2012 462]

Ummm....what did he say when you told him that you filed for him without his consent?

I guess you could withdraw your petiton but this might forever bite him in the butt!

[arken 4,197]

Withdrawing Your Application or Petition

Write to the USCIS service center or field office processing your case to withdraw your application or petition.

Do not send your request to a Lockbox facility as your case is no longer with the Lockbox.

[Penguin_ie 5,984]

Well, he can have an immigration petition and a tourist visa at the same time, that is not a problem as such. However, he MAY be asked about the immigration petition next time he tries to enter the USA, and if he goes "I have none" that will look really bad.

[HFM181818 748]

Have him take the petition to his next tourist visa interview and tear it up in front of the CO....that says it all....he has an easy green card waiting for him...he doesn't want it...so...give him a B2, valid for a 100 years! (okay, the maximum validity allowed)

[heo luoi 206]

You can petition another party w/o their signature / knowledge?

[san diego 407]

Well, he can have an immigration petition and a tourist visa at the same time, that is not a problem as such. However, he MAY be asked about the immigration petition next time he tries to enter the USA, and if he goes "I have none" that will look really bad.

He knows about the petition. He said that he still does not want to move.So, he knows. In addition, he does not have interviews last time. He gets renewal by mail. Used to..

[san diego 407]

You can petition another party w/o their signature / knowledge?

yes. petition for relative is not signed by the beneficiary

[san diego 407]

Let me explain the issue a little differently. We are 99% sure that once petition gets approved, he will reject moving. After this, I am sure, he will resume getting visa as he did before. However, the question is: while petition is getting processed, what can we do to mitigate this situation? Simply withdrawing petition that we filed will be even worse.. Any experience with this? As I mentioned, he gets visa renewals by mail, without interview.

[Boiler 43,401]

I doubt if it will make any difference but not anything you can do about it.

[mallafri76 1,012]

If you knew your father-in-law didn't want to move to the US, then what was the point of taking the time and money and use US immigration resources to file a petition???

Don't know if your father-in-law needs to mention that an immigration petition has been filed on his behalf when he applies for a tourist visa, but I do know that the CBP officer at POE cannot see that you've filed an I-130 petition, they can only see that someone's in the visa process once the actual visa application (the DS-260) has been submitted. And if CBP asks your father-in-law if he's planning on moving over, he can say no with a clear conscience, because he's not planning on moving over.