Here is my dilemma.....

I am married to a USC. I am adjusting my status ( I485)... the petition is still pending

I had returned to my home country because my wife and I decided to divorce,But she havent filed for seperation/ divorce yet ................so now I am back in South America.

Here are my questions:

1)Can I withdraw the petition for permanent residence myself or does it need to be done by the USC?

2) should I contact the USA consulate/ embassy here or notice the Local Office where we filed the application?

I want to respect the US immigration laws and I dont think my wife is going to contact the USCIS so i want to prevent a possible case of fraud. I need to get in touch with the INS.

Any advice, help, suggestions????
Thanks

Since you are back home, just move on with your life. Your soon to be ex will file for AOS and will abandon the AOS. No action needed by you.

..... I already had the interview to get the Green Card and is still pending due the FBI Name Check........

But I dont want to ¨abandon¨the Adjustment Of Status. I want to withdraw the application. It´s going to be a completly different story if I ll ever try to travel the USA again for touristic / work reasons.

I dont want the INS authorities keep working on my case until they ll found out I move out the country. I want to tell them that I have decided to terminate my relationship with my wife and that the dont need to process my case anymore.

I think that is the right thing to do.

[quote name='k1_visa' date='Jun 11 2006, 02:30 PM' post='245286']
..... I already had the interview to get the Green Card and is still pending due the FBI Name Check........

But I dont want to ¨abandon¨the Adjustment Of Status. I want to withdraw the application. It´s a completly different story if I ever try to travel the USA again.

I dont want the INS authorities keep working on my case until they ll found out I move out the country. I want to tell them that I have decided to terminate my relationship with my wife and that the dont need to prcess my case anymore.

I think that is the right thing to do.


..... I already have the interview to get the Green Card and is still pending due the Name Check........

But I dont want to ¨abandon¨the Adjustment Of Status. I want to withdraw the application. It´s a completly different story if I ever try to travel the USA again.

I dont want the INS authorities keep working on my case until they ll found out I move out the country. I want to tell them that I have decided to terminate my relationship with my wife and that the dont need to prcess my case anymore.

I think that is the right thing to do.
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Hello,
I agree. Send a letter explaining the situation to USCIS and the Consulate in your home country.

Should I include the NOA or/and tell them my A#, SSN, Etc?

Yes, always include all of that.

Send a copy to your District Office (to the attention of the officer who interviewed you, if you know his name).

I think it's a good idea for you to do this, independant of whatever your USC does.

good luck to you; sorry it didn't work out.

Agreed. Any repercussions from having abandoned PR, if there would be any in the future, impacts you and not the USC. Don't place that in the hands of your soon to be ex-spouse. Contact the various offices and inform them that your marriage is ending and therefore you have no interest in residency in the USA at this time.

Why would you want to prevent a possible case of fraud and/or worry about whether your wife contacts the USCIS or not, if the decision to get divorced was mutually agreed upon?

And now that you're back in your home country, unless you intend to come back to the US sometime in the near future; why would any of the above even matter to you anyway?

dmartmar,

Withdrawing the residency may help in the future should he wish to apply for a tourist visa. Bear in mind that a decision to divorce can be mutual, but as we all know the process of terminating a marriage can become unpleasant even for the best of intentioned.

Hi, sorry your marriage isn't working out. I think that its is common courtesy to write a quick letter to USCIS explaining the situation and don't forget to keep a copy of that letter for your own records notarised in case you should need to show it in the future when trying to get a tourist visa.

Best wishes

Kat

Thanks Kat. I applied in Dallas ( DORA program) as same as you.

Anyway.... for those who are asking me why I want to withdraw my application instead of abandon it the answer is becouse I dont want to keep the authorities working in my case when my marriage is over. I dont want to give the INS a reason to deny me a tourist visa some day... that´s all

I understood totally...I might do same thing if I divorced. But I may want to visit U.S. sometimes to see my friends or go around my old neighborhood...

Good luck!!

I agree with this and also call USCIS and your local U.S. Embassy and Consulate. Also write letters to them so that you have everything documented. You are very smart and classy for trying to do the right thing and preventing problems for yourself in the future in case you want to return.

Good luck,

Peter Miami

Thanks Peter, i just want to prevent further damages but belive me , im not smart, otherwise I ll be single

By the way, since my english is really really rudimentary since ive spent only 8 months in the USA, Do you think the USA consulate could accept a letter in spanish explaining my situation?

Thanks thanks thanks again

I believe with the US Consulate it would be fine, but I doubt that USCIS could accept a letter in Spanish

Sólo espera unos años ... ( Just wait few years)

No son poliglotas, son Americanos

I think you should be commended for trying to do things properly.

How hard and how long would it be/take for this person to be able to come back into the US, assuming his ex-wife does contact the 'CIS and accuses him of fraud? Or worse yet, still married to her w/o his knowledge?

The only fraud in the relationship was that I lied my wife when I mentioned that it didnt bother me watching american football instead of soccer . ..... So ....why you think she is going to accuse me of fraud?

Don't get sidetracked here. DmartMar loves to tweek on people and raise emotions, much like Jerry Springer. It keeps the site interesting. It takes all kinds. Trust me, you got off cheap.
I think you should persue your current course of action. You never can tell when you might want to come back here. You don't want to leave yourself in conflict with the Homeland Security computers. Write everybody.

You make it seem as if I tweek on people and raise their emotions on purpose, when really, all I'm trying to do is make them open up their minds, think and perhaps see things differently.

Dmartar, thanks for trying open my mind. The last time i tried, David Koresh took away all my savings and I had to make love with an alien, but many thanks anyway......