canceling an I-485

[harley2936 0]

Does anyone know if there is a form that is available for withdrawing a I-485?

[^KK^ 3]

sorry to hear that you have to withdraw.

[harley2936 0]

sorry to hear that you have to withdraw.

After talking to a different lawyer today, we decided that it is better to withdraw than to be put into deportation status. That way we will have more time alloted to us as far as moving to Washington and getting married. Than start the whole process over based on our I-130. Thank you for your response.

[Bobby+Umit 161]

Does anyone know if there is a form that is available for withdrawing a I-485?

I don't know of a paticular form, but I have seen the people advise to send a certified letter explaining all the details with copies of I485 to USCIS.

[YuAndDan 153]

US Citizen can file to withdraw the I-130 petition, this will get the I-485 canceled.

Your timeline shows 1998? as when I-130 filed.

[harley2936 0]

Does anyone know if there is a form that is available for withdrawing a I-485?

I don't know of a paticular form, but I have seen the people advise to send a certified letter explaining all the details with copies of I485 to USCIS.

That I will do....thank you. Is it okay for the beneficary to cancel....or does the petitioner?

US Citizen can file to withdraw the I-130 petition, this will get the I-485 canceled.

Your timeline shows 1998? as when I-130 filed.

Yes that is when the I-130 was filed.....is the US citizen the only one that can do the withdrawal or could the lawyer do it?

[YuAndDan 153]

Does anyone know if there is a form that is available for withdrawing a I-485?

I don't know of a paticular form, but I have seen the people advise to send a certified letter explaining all the details with copies of I485 to USCIS.

That I will do....thank you. Is it okay for the beneficary to cancel....or does the petitioner?

US Citizen can file to withdraw the I-130 petition, this will get the I-485 canceled.

Your timeline shows 1998? as when I-130 filed.

Yes that is when the I-130 was filed.....is the US citizen the only one that can do the withdrawal or could the lawyer do it?

A lawyer can do it if there is a G-28 filed for the lawyer.

[harley2936 0]

Thank you for the information.....just got off the phone with my lawyer and he is going to send one out right before the interview date. Do you know if they will put him deportation status even if he withdrawals his I485?

[Bobby+Umit 161]

Thank you for the information.....just got off the phone with my lawyer and he is going to send one out right before the interview date. Do you know if they will put him deportation status even if he withdrawals his I485?

Withdrawing his 485 would put his status back to whatever it was before he filed, so if that may make him subject to deportation.

Your lawyer should be explaining this to you.

[harley2936 0]

Yes I know he should be.....but as usual he is pretty crappy. I am in the midst of hiring a new attorney. Hopefully this one will be able to answer my questions on a timely matter. Thank you

[Dakine 26]

I'm confused [nothing new] You said he came over on a I-130. Why is he adjusting status? He should already have a GC.

[harley2936 0]

Well, I guess that is confusing for me. Yes he is here on a I-130...but that doesn't automatically give him a GC. He still has to file a I485.....right.

Well, I guess that is confusing for me. Yes he is here on a I-130...but that doesn't automatically give him a GC. He still has to file a I485.....right.

And if he should already have a GC, wouldn't he have gotten something in regards to this?

[wowswift 3]

I'm confused [nothing new] You said he came over on a I-130. Why is he adjusting status? He should already have a GC.

I asked that too, but I guess he came over just as a visitor, then got married years ago, and i guess the wife just filed an I-130 years ago and nothing else. So this guy has been out of status for 10 years or so and working.

[Dakine 26]

If you come on a I-130 [CR-1] you get a GC in the mail shortly after entry.

[Cino 5]

Actually there is no form like that, but the easiest way is " Not to show up at the interview (06/01/09) ".

Then your husband will automatically be denied, that is the end of it. Next thing he is going to see "Deportation Notice".

But if you don't show up at the interview without any explanation and/or excuse, your husband will have very hard time

to adjust his status based on another possible future petition in USA (If he ever wants it).

There is another way which is to make an "InfoPass App." with the Local office ASAP & tell IO "You want to withdraw

your I-485 application by giving reasons. Then your husband will have a chance if he ever applies for I-485 again in the future.

Just for the clarification :

- Your husband comes to US with a visa (VWP or B1 or B2 etc...)

- You guys met & got married

- Then you have filed I-130 only

- After the approval of I-130, wait for 10 years (Why ??????, doesn't make any sense)

- In the mean time, he has become an Overstayer & probably worked unlawfully

- And then one day you guys decided (After 10 years ) to file I-485 along with the proof of NOA-2 for I-130

- And now you want to withdraw your I-485 before the interview

Am I correct so far ? Please correct me if I have made any mistakes.