My wife wants to cancel our spousal application

[ftayo09 0]

Hello,

My wife (US citizen) applied for a fiancee visa for me last year and I received the approval package from the consulate with the documents I was supposed to fill out for the visa interview. That was in late September 2016. However, in the meanwhile, my wife and I are having problems that may lead to a split up, so w my not be proceeding with the application. My question is:

- if she cancels the petition what effect does it have on me?
- if i eventually want to remarry and file again would i be denied?
- Would there be any consequences if I just leave the documents hanging and I don't send official letter of cancellation and also don't turn up for the interview?

would my f1 visa be revoked as i"m currently enrolled and still can fall back to my student status as we haven't gone or the interview and i only got the work authorization card.
Thanks in advance!

[NancyNguyen 1,657]

Wife is not fiancée so you are confused here. I guess you are currently F1 student. If she decides to quit AOS process, you will not be able to continue it, and your work authorization will be revoked.

 

It is not wise to ignore interview and or letter. Do it properly, you can withdraw your I-485. If she withdraws her I-130 and I-864, you will be asked about it later of course, just in case you get married again.

 

If your F1 status is still good (full time 12 credits, never drop classes, no gaps...) then your F1 is still good I believe.

[ftayo09 0]

10 minutes ago, NancyNguyen said:

Wife is not fiancée so you are confused here. I guess you are currently F1 student. If she decides to quit AOS process, you will not be able to continue it, and your work authorization will be revoked.

 

It is not wise to ignore interview and or letter. Do it properly, you can withdraw your I-485. If she withdraws her I-130 and I-864, you will be asked about it later of course, just in case you get married again.

 

If your F1 status is still good (full time 12 credits, never drop classes, no gaps...) then your F1 is still good I believe.

i intended to type wife. we're having a fall out an she wants to cancel. if we have a divorce and she notifies uscis she isnt following the petition anymore do i still keep my work authorization and renew after it expires?

how do i paste the current status of my application here too to be viewed on the tread timeline.

[NancyNguyen 1,657]

Once she cancels your petition, your work authorization will be cancelled too.

 

You need to work out with her first. This cancellation will affect your us immigration deeply.

[Ontarkie 13,918]

~~Two Post removed for posting o=in other members threads. Please do not hijack other threads for your own questions.~~

~~Moved to Effects of Major Family Changes, from Student and Exchange Visitor Visas~~

[Marco&Bettina 502]

OP, I find myself confused on exactly where you are in the process. The interview you're referring to, is it the spousal visa interview?

[NancyNguyen 1,657]

He is adjusting status here from F1 student visa here.

[Ash.1101 1,755]

16 minutes ago, NancyNguyen said:

He is adjusting status here from F1 student visa here.

Are we sure though?

Saying his wife applied for fiancee visa and that they received an approval packet to take to the consulate for the interview is oddly specific to K-1 visas. He also said that they applied last year and are ready for interview, so timeframe supports a K-1 application as well.

If he was AOSing, he would have been the one to file and there is no consulate involved and the packet he's talking about sounds more like packet 3 than an interview letter for AOS.


While it's rare, it's not impossible that someone may have sent out a K-1 visa for someone that's already in the country.



So just to clarify:

To the original poster:

• Are you currently in the US?
• Have you gotten married to the person you are calling your wife? LEGALLY married or just ceremonial?
• If you are in the US, did you legally marry and then file for AOS? or did your wife file for a fiance visa even though you are already in the country?
• If your wife filed for a fiance visa, where does it say the interview is taking place?
• If ya'll only got married through ceremony and not legally, did you know you can't apply for a fiance visa? You would have to get legally married and apply for a spousal visa. 
• Do you have work authorization from being a student?

 

Edited March 14, 2017 by Ash.1101

[Marco&Bettina 502]

47 minutes ago, Ash.1101 said:

Are we sure though?

Saying his wife applied for fiancee visa and that they received an approval packet to take to the consulate for the interview is oddly specific to K-1 visas. He also said that they applied last year and are ready for interview, so timeframe supports a K-1 application as well.

If he was AOSing, he would have been the one to file and there is no consulate involved and the packet he's talking about sounds more like packet 3 than an interview letter for AOS.


While it's rare, it's not impossible that someone may have sent out a K-1 visa for someone that's already in the country.



So just to clarify:

To the original poster:

• Are you currently in the US?
• Have you gotten married to the person you are calling your wife? LEGALLY married or just ceremonial?
• If you are in the US, did you legally marry and then file for AOS? or did your wife file for a fiance visa even though you are already in the country?
• If your wife filed for a fiance visa, where does it say the interview is taking place?
• If ya'll only got married through ceremony and not legally, did you know you can't apply for a fiance visa? You would have to get legally married and apply for a spousal visa. 
• Do you have work authorization from being a student?

 

This is what I was getting at. You just used many more words. There's confusion in what I was reading. So I think clarification by the OP is necessary if he's to receive help. Because if it's just a K-1, it's dead just with the petitioner deciding to abandon.