Withdraw/revoke AOS - no EAD yet

[jakartausa 28]

Hi my wife arrived here May 27 on K1. Things have not worked out and she will be going home this weekend.I applied for AOS on June 22 and its still in the pending phase and no EAD has been issued yet and we had Biometrics last month on the 18th. What do I need to do to ensure this process is closed off once she leaves and how do I properly and formerly revoke the AOS that I filed on her behalf? Please no "cant you work it out comments" Thanks

 

Thanks

[Villanelle 4,121]

You can submit a letter asking to cancel the 864 you submitted in the packet.That will end the process. Otherwise it was her packet and she would have to send a letter withdrawing it- not you. 

[jakartausa 28]

1 hour ago, Damara said:

You can submit a letter asking to cancel the 864 you submitted in the packet.That will end the process. Otherwise it was her packet and she would have to send a letter withdrawing it- not you. 

Update she is leaving on the 12 noon flight tomorrow so that should cancel my obligation. Thanks for the help. 

[goodlulck52 69]

6 hours ago, jakartausa said:

Hi my wife arrived here May 27 on K1. Things have not worked out and she will be going home this weekend.I applied for AOS on June 22 and its still in the pending phase and no EAD has been issued yet and we had Biometrics last month on the 18th. What do I need to do to ensure this process is closed off once she leaves and how do I properly and formerly revoke the AOS that I filed on her behalf? Please no "cant you work it out comments" Thanks

 

Thanks

 

4 hours ago, jakartausa said:

Update she is leaving on the 12 noon flight tomorrow so that should cancel my obligation. Thanks for the help. 

Sorry to hear that! But if she leaves the country, I think her AOS would be considered as being abandoned.

[jakartausa 28]

8 hours ago, goodlulck52 said:

 

Sorry to hear that! But if she leaves the country, I think her AOS would be considered as being abandoned.

Yes im aware of that. Its one of the conditions that if met will void the AOS. 

[sv3tka 5]

8 hours ago, goodlulck52 said:

 

Sorry to hear that! But if she leaves the country, I think her AOS would be considered as being abandoned.

Sorry indeed, hopefully things work out better in the future. As far as it being considered abandoned, I do not believe that is an automatic abandonment. The marriage needs to be annulled plus USCIS needs to be informed somehow. What would happen otherwise is the paperwork would continue to be processed and denied based on no further response from the applicant/sponsor. 

Edited August 26, 2017 by sv3tka

[jakartausa 28]

1 hour ago, sv3tka said:

Sorry indeed, hopefully things work out better in the future. As far as it being considered abandoned, I do not believe that is an automatic abandonment. The marriage needs to be annulled plus USCIS needs to be informed somehow. What would happen otherwise is the paperwork would continue to be processed and denied based on no further response from the applicant/sponsor. 

In this case Im in favor of her leaving. Its for the best given the circumstances. I will contact the USCIS on Monday to inquire as to how to go about this process. 

[Sundee 270]

7 minutes ago, jakartausa said:

In this case Im in favor of her leaving. Its for the best given the circumstances. I will contact the USCIS on Monday to inquire as to how to go about this process. 

Things happen for reasons we don't understand but God knows. This may have been a learning experience for u and I'm sure what is meant for u will come your way. God bless...

[Villanelle 4,121]

2 hours ago, jakartausa said:

In this case Im in favor of her leaving. Its for the best given the circumstances. I will contact the USCIS on Monday to inquire as to how to go about this process. 

USCIS is going to tell you that YOU can not do anything to stop the application because it is not your application.

 

If the immigrant leaves the US while it is in process (which she is) with out AP then its considered abandoned. Its suppose to be automatic but like anything else in life there is no guarantee they will see she left and mark the case abandoned. So either she can submit a letter requesting it to be withdrawn or you can submit a letter requesting to pull your 864. Those are the only 2 ways to be sure the application is stopped.