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Filed: AOS (pnd) Country: Argentina
Timeline
Posted

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

AOS Pending - Separated, Back to my Country of Birth

Filed: K-1 Visa Country: China
Timeline
Posted

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.

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

Filed: AOS (pnd) Country: Argentina
Timeline
Posted (edited)

..... 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.

Edited by k1_visa

AOS Pending - Separated, Back to my Country of Birth

Filed: K-1 Visa Country: Thailand
Timeline
Posted

..... 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.

Hello,

I agree. :yes: Send a letter explaining the situation to USCIS and the Consulate in your home country.

K1 Timeline:

12-22-05 I-129F mailed to CSC

12-27-05 USCIS receives I-129f

01-03-06 NOA1 by mail

03-14-06 NOA2 Case Approved

03-21-06 NVC sent case to BKK

03-27-06 BKK Embassy email "no record of my case"

03-27-06 NVC approval letter rcvd

03-30-06 BKK Embassy confirms case by email

03-31-06 Fiancee Medical passed

04-07-06 Packet 3 rcvd

04-20-06 Packet 4 rcvd

05-26-06 Interview 730am VISA APPROVED!!!

05-30-06 Pick up Visa 3pm

06-16-06 Arrived in USA POE LAX

07-05-06 Applied for SS Card

08-18-06 Married

AOS Timeline:

10-13-06 Mailed AOS packet

10-16-06 AOS rcvd CHI lockbox

10-25-06 AOS Touched

11-04-06 Biometrics Appt

01-09-07 AOS Interview APPROVED!!!

01-10-07 email Welcome letter sent

01-09-07 email AP approved

01-12-07 email EAD approved

01-16-07 Welcome letter rcvd in the mail

01-18-07 EAD card rcvd in the mail

01-23-07 AP approval rcvd in mail

02-05-07 GreenCard in mail

03-07-07 Vacation in Thailand

03-15-07 Traditional Thai wedding

Filed: Country: United Kingdom
Timeline
Posted
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.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: Timeline
Posted

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.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: Timeline
Posted (edited)
Here is my dilemma.....

I am still married to a USC and my I-485 petition is still pending.

I had to return to my home country in South America, after my wife and I decided to get divorced. But, she still hasn't filed for separation/divorce yet.

So 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 US consulate/embassy here in my country or the local office where our application was filed at?

I want to respect the US' immigration laws and don't think my wife will contact the USCIS, but want to prevent a possible case of fraud. Do I need to get in touch with the USCIS?

Any advice, help or suggestion?

Thanks!

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?

Edited by dmartmar
Filed: Timeline
Posted
Here is my dilemma.....

I am still married to a USC and my I-485 petition is still pending.

I had to return to my home country in South America, after my wife and I decided to get divorced. But, she still hasn't filed for separation/divorce yet.

So 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 US consulate/embassy here in my country or the local office where our application was filed at?

I want to respect the US' immigration laws and don't think my wife will contact the USCIS, but want to prevent a possible case of fraud. Do I need to get in touch with the USCIS?

Any advice, help or suggestion?

Thanks!

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.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: IR-5 Country: United Kingdom
Timeline
Posted

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 :luv:

I-130 for both parents

March 28th 2013 - Priority date/ NOA 1
November 14th 2013 - Transferred to Nebraska Service Center

January 7th 2014 - Case changed online to approved for both

January 8th 2014 - case changed to shipped to NVC

January 9th 2014 - case changed to NOA 2 mailed

January 10th 2014 - Received the hardcopy of the NOA 2 stating that NVC would issue a case number in 30 days approx.

January 21st 2014 - Case Received at NVC

February 26th 2014 - Case numbers and IIN number received - Wrong embassy code assigned...now waiting for new case numbers.

March 3rd 2014 - Filled in DS-261 for both parents

March 5th 2014- AOS available, paid and submitted AOS packet.

March 6th 2014 - USPS shows packet was delivered at NVC

March 10th 2014 - AOS shows as paid in the CEAC portal/AOS logged into system as being received by NVC.

March 11th 2014 - New case number assigned for my Dad.

March 20th 2014 - Paid IV fee for my Mum.

March 25th 2014 - AOS accepted by NVC with no checklist.

March 26th 2014 - Filled in and submitted DS-260 for my Mum

March 31st 2014 - AOS found in my Mum's file for my Dad - accepted and placed into his file/IV fee available for my Dad and Paid.

April 1st - Mailed all civil documents to NVC for both parents.

April 3rd: IV fee shows as paid in portal/submitted DS-260 for my Dad.

April 22nd: checklist issued for civil documents - NVC error ...

April 23rd: sent another certified copy of my marriage certificate

April 24th: Case complete! :)

April 30th 2014 - Medical scheduled for parents at Knightsbridge in London

June 11th: Interview at London Embassy - Approved :)

Filed: AOS (pnd) Country: Argentina
Timeline
Posted
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 :luv:

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

AOS Pending - Separated, Back to my Country of Birth

Filed: Lift. Cond. (apr) Country: Japan
Timeline
Posted (edited)
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!!

Edited by popocat

popodog and popocat

<AOS>

10/14/2005:Married

05/01/2006:I-130,I-485, and I-765 mailed to Chicago

05/03/2006:these are received in Chicago

05/12/2006:Received NOA1 (dated 05/09/2006)

05/13/2006:Able to track cases online

05/17/2006:Touch(I-130,485,765)

05/19/2006:Touch(I-130,485,765)

05/20/2006:Received Biometric letter(I-485,765)

05/30/2006:Biometric appointment 2pm

06/01/2006:Touch(I-485,765)

06/03/2006:Touch(I-130,765)

06/07/2006:RFE(I-485) sent on 06/05/2006

06/09/2006:Recieved RFE(Birth Certificate) and sent it back

06/20/2006:Recieved my Response on 06/15/2006 and updated status

07/04/2006:Touch(I-765)

07/05/2006:Touch(I-765)

07/06/2006:Approved(I-765)my birthday!

07/08/2006:Touch(I-765)

07/10/2006:Touch(I-765)

07/11/2006:EAD card arrived

07/14/2006:Recieved interview letter 08/29/2006

08/29/2006:Approved(I-485)

09/12/2006:Recieved Green Card

<Removal Condition>

" life is like carrying heavy staff on your back and walking long distance toward a far away distination..."

Filed: AOS (apr) Country: Colombia
Timeline
Posted
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 :luv:

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. :thumbs:

Good luck,

Peter Miami

Johanna & Peter

Colombia / U.S.A.

I-129F / K-1 Fiancee Visa

08-20-02 - Met Johanna in Armenia, Colombia

10-05-05 - K-1 Sent to TSC

10-14-05 - Received NOA1 by E-Mail (Day 9)

12-22-05 - Reveived NOA2 By E-Mail & Mail (Day 78)

03-03-06 - Interview Date! (Day 149) Approved

03-10-06 - Johanna Arrived

05-27-06 - Married

I-485 / AOS (Did not applied for EAD or AP)

06-05-06 - Sent I-485 application to Chicago via USPS (Day 1)

06-06-06 - AOS Package Delivered at 12:29PM

06-12-06 - Received NOA1 by Mail

06-14-06 - Check Cashed

06-22-06 - Received Appointment Notice for Biometrics

06-26-06 - "Request for Additional Evidence" Online, waiting for letter

06-29-06 - Biometrics Done!

06-30-06 - Received RFE Letter by mail. (Missing Birth Certificate)

07-10-06 - Sent RFE by Express Mail USPS

07-11-06 - RFE Delivered @ 10:54AM Sign by D. Atwell

08-28-06 - AOS Transferred to CSC E-mail & USCIS Website (Day 85)

08-30-06 - Touched #1

08-31-06 - Touched #2

08-31-06 - E-Mail from CRIS & USCIS-CSSO - CSC received AOS Application

09-01-06 - Touched #3

09-01-06 - NOA by Mail Regarding Transfer to CSC

09-05-06 - Touched #4

09-07-06 - Touched #5

09-13-06 - Touched #6

09-15-06 - AOS Approved by Online Status & E-mail

09-21-06 - Received GC and Welcome Letter (Day 109)

Filed: AOS (pnd) Country: Argentina
Timeline
Posted

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 :luv:

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. :thumbs:

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

AOS Pending - Separated, Back to my Country of Birth

Filed: AOS (pnd) Country: Russia
Timeline
Posted
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?

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

 
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