Withdrawel of I485

[mkr1990 12]

 

Does anyone know if my wife withdrawals her petition of the I485, does the whole application get denied automatically or till the interview date? I don't want the I-485 application to be denied but instead be withdrawn/cancelled.

 

Thank you

[Mykel 1]

I believe voluntary withdrawal does not constitute a formal denial 

[mkr1990 12]

1 minute ago, Mykel said:

I believe voluntary withdrawal does not constitute a formal denial 

Yes I know that, but I'm main petitioner and my wife is the main sponsor of the I-485 I thought. If my wife withdraws, will the application be withdrawn or actually be denied because she cannot withdrawn for me, only her sponsorship? 

 

 

[Californiansunset 336]

1 minute ago, mkr1990 said:

Yes I know that, but I'm main petitioner and my wife is the main sponsor of the I-485 I thought. If my wife withdraws, will the application be withdrawn or actually be denied because she cannot withdrawn for me, only her sponsorship? 

 

 

You came on a K1 visa so you can only adjust status successfully through the petitioner, your wife. So once she withdraws her petition your legal path for a Greencard at this point is moot. You would have to return back to your home country. I think this answers your question. 

[mkr1990 12]

4 minutes ago, Californiansunset said:

You came on a K1 visa so you can only adjust status successfully through the petitioner, your wife. So once she withdraws her petition your legal path for a Greencard at this point is moot. You would have to return back to your home country. I think this answers your question. 

Yes, I am already back in my home country. I just want to properly withdraw the application instead of it being denied for future consequences. My question is, does it get denied now when my wife withdraws? I just want to have it withdrawn without it being denied/approved. 

Edited April 25, 2018 by mkr1990

[Mykel 1]

7 minutes ago, mkr1990 said:

Yes I know that, but I'm main petitioner and my wife is the main sponsor of the I-485 I thought. If my wife withdraws, will the application be withdrawn or actually be denied because she cannot withdrawn for me, only her sponsorship? 

 

 

You aren’t the petitioner, your wife is. If she withdraws the application, that’s it. She may be your sponsor, but the whole application is dependent on the petitioner not the sponsor 

[bad4tatt 168]

3 minutes ago, Mykel said:

You aren’t the petitioner, your wife is. If she withdraws the application, that’s it. She may be your sponsor, but the whole application is dependent on the petitioner not the sponsor 

Actually, from what I see, he is the applicant for the I-485 and he can withdraw without denial on his own.  The USC does not file the I-485 for the foreign spouse.

[Californiansunset 336]

24 minutes ago, mkr1990 said:

Yes, I am already back in my home country. I just want to properly withdraw the application instead of it being denied for future consequences. My question is, does it get denied now when my wife withdraws? I just want to have it withdrawn without it being denied/approved. 

Oh I see. If I were you I would contact USCIS and request the withdrawal of your application. Try to call them and talk to a tier 2 officer. If you withdraw I believe it is not a denial. 

If you left the US without AP your application has been automatically denied because you abandoned it, but I'm guessing you have already received the AP?!

[geowrian 22,337]

Whether the beneficiary withdraws the I-485 or the sponsor withdraws the I-864 is not important. In either case, the I-485 will be closed.

If you want your I-485 application withdrawn, then I highly suggest contacting USCIS to withdraw it and not rely on actions from anybody else.

 

In either case, if you apply for any other US immigration benefit in the future, they will see the past AOS application and may or may not ask about it.