withdraw my I-130 application

[Abu_ishaq 0]

I am no longer with my wife and I want to withdraw my application that has been sent 3 months ago. The application hasnt been approved yet as it is still being processed. It is recomended that I withdraw it now or later. Can someone shed some light (pros vs cons). Thanks

[RichiJenny 14]

You should write to the uscis and confirm your seperation. If approved the petition will be revoked if you divorce, but you still have to let them know. Your i130 has no experation date. I know cos I split from my first wife who is a US citizen. She had to write and let them know she was no longer responsible for me. if it gets approved the Dept of State will review your peition and send it to the uscis for a review from there. It is from there it will be cancelled. The uscis will then write to you confirming the cancellation.

A divorce should cancel out the petition, but not in all cases which is why you have to inform them.

If you file another petition for another foreign national, you will have to declare it at the petition stage, though it shouldnt really go against you. There are no repercussions towards yourself as such though.

Sorry to hear of your seperation.

if there is no going back as such, and you are without doubt you no longer have a future together, inform the uscis now.

[Abu_ishaq 0]

Thanks a lot for the info. It helps me determine what direction to go. I am getting married again and I want to know if that's going to affect my new wife appliation ?

[LotofPatience 65]

Yes, call USCIS and ask them for the details to stop this I-130 petition.

Loto

[Wayne and Claudia 40]

I am no longer with my wife and I want to withdraw my application that has been sent 3 months ago. The application hasnt been approved yet as it is still being processed. It is recomended that I withdraw it now or later. Can someone shed some light (pros vs cons). Thanks

If you are sure the marriage/engagement (fill in your information so we all will know) then you should stop the application. DOS website states:

An applicant or petitioner may withdraw an application or petition at

any time until a decision is issued by the Service or, in the case of

an approved petition, until the person is admitted or granted

adjustment or change of status, based on the petition. However, a

withdrawal may not be retracted. An applicant who wishes to withdraw a

visa petition (Form I-130, Petition for Alien Relative) should write a

letter to the BCIS office where the petition was filed. The letter

should include the beneficiary's name, date and country of birth, and

A-number or Receipt -number, the date petition was filed, reason for

withdrawing the petition and the petitioner's name, signature and

address. "

[mrs.T 1]

I am no longer with my wife and I want to withdraw my application that has been sent 3 months ago. The application hasnt been approved yet as it is still being processed. It is recomended that I withdraw it now or later. Can someone shed some light (pros vs cons). Thanks

hmmm.... I think it's going to be a bit tricky if you want to get married again and so soon (and you're not even diverced yet)Are you in us and do the AOS or in your home country and do the CR1?

Whatever you do, let the uscis know, to have the current petition cancelled. Be careful with a few aspects in particular;

- pay attention on the timing; divorce - new marriage - new I130 (if it's too close it would maybe be a bit suspicious)

- be careful how you handle the question "when/how you've met your new wife" most likely you were still married at that time!

You need evidence of bona fide, history and all that, I think you should wait a bit longer, get your situation cleared and than get married again.

Sorry to hear about your situation!

[Abu_ishaq 0]

well I am not like getting married this week. I am planning to do so sometimes in March, that should allow me sometimes to square away my first case. I appreciate all of your inputs guys.You guys are awesome. Thanks again

[RichiJenny 14]

If its to a us citizen, there'l be no questions. If its to a foreign national - you may be asked a question or two, along with your 'new partner', but it shouldnt be a problem.

[LotofPatience 65]

If its to a us citizen, there'l be no questions. If its to a foreign national - you may be asked a question or two, along with your 'new partner', but it shouldnt be a problem.

Let me elaborate it.

As per USCIS manual, LPR sponsor needs at least 5 years gap before another application for the next spousal beneficiary.

USC sponsor can re-marry and file soon, it should not be an issue.

Which category OP belongs to?

I was USC petitioner, I re-married 3 months after my divorce and filed my wife's I-130 petition one month after our marriage. There was no issue at all.

Loto

[pushbrk 12,979]

I am no longer with my wife and I want to withdraw my application that has been sent 3 months ago. The application hasnt been approved yet as it is still being processed. It is recomended that I withdraw it now or later. Can someone shed some light (pros vs cons). Thanks

Write a letter to the service center to "withdraw" your "petition". The I-130 is a petition, not an application. You do not need to give any reason. Though it is not required, I would have your letter notarized. Make certain it contains both full names and the case number.

[Abu_ishaq 0]

Write a letter to the service center to "withdraw" your "petition". The I-130 is a petition, not an application. You do not need to give any reason. Though it is not required, I would have your letter notarized. Make certain it contains both full names and the case number.

Thanks lot. Will do

[Abu_ishaq 0]

Let me elaborate it.

As per USCIS manual, LPR sponsor needs at least 5 years gap before another application for the next spousal beneficiary.

USC sponsor can re-marry and file soon, it should not be an issue.

Which category OP belongs to?

I was USC petitioner, I re-married 3 months after my divorce and filed my wife's I-130 petition one month after our marriage. There was no issue at all.

Loto

I am a USC. What's does LPR stand for ?

Edited November 10, 2010 by Abu_ishaq

[LotofPatience 65]

I am a USC. What's does LPR stand for ?

LPR - Legal Permanent Resident - Green Card holder.

If you are USC, you are all set.

Loto

[Abu_ishaq 0]

LPR - Legal Permanent Resident - Green Card holder.

If you are USC, you are all set.

Loto

sweet. Thanks