Withdrawal of Filing Marriage based green card application

[GreenGem 58]

36 minutes ago, Coke987 said:

But wouldn't the status say issued or something like that?

It should. But guessing that the documents that was said to be submitted during the interview was not sent this would have been a denial already.

[ThomasNC1988 762]

2 minutes ago, GreenGem said:

It should. But guessing that the documents that was said to be submitted during the interview was not sent this would have been a denial already.

I'm with you. OP should first call and inquire about the status of the AOS case to because it is most likely approved or denied at this point and in both cases there is nothing she can do.

[GreenGem 58]

4 minutes ago, ThomasNC1988 said:

I'm with you. OP should first call and inquire about the status of the AOS case to because it is most likely approved or denied at this point and in both cases there is nothing she can do.

True that. The OP seems to be blinded on what had happened to the case. But she said that her spouse never got the green card.

Edited November 6, 2018 by GreenGem

[Cyberfx1024 7,978]

2 hours ago, GreenGem said:

True that. The OP seems to be blinded on what had happened to the case. But she said that her spouse never got the green card.

Never got the green card or never told the spouse that they received it? Honestly we have seen both of those situations on here. 

Edited November 6, 2018 by Cyberfx1024

[Coke987 0]

3 minutes ago, Cyberfx1024 said:

Never got the green card or never told the spouse that they received it? Honestly we have seen both of those on here. 

The lady said she don't see any i-130 filed by me only the i-485 and she also seeing a longtime case back in 2007 of my ex spouse that was approved. She also said the status is not saying approved or denied? So how can I withdraw an i-130 if she is not seeing that on the system?

[Cyberfx1024 7,978]

9 minutes ago, Coke987 said:

The lady said she don't see any i-130 filed by me only the i-485 and she also seeing a longtime case back in 2007 of my ex spouse that was approved. She also said the status is not saying approved or denied? So how can I withdraw an i-130 if she is not seeing that on the system?

So was your spouse here on a tourist visa and you filed for AOS for her? The I485 is the AOS is the AOS paperwork that you sent in. Do you know if the I485 was approved or not?

[Coke987 0]

2 minutes ago, Cyberfx1024 said:

So was your spouse here on a tourist visa and you filed for AOS for her? The I485 is the AOS is the AOS paperwork that you sent in. Do you know if the I485 was approved or not?

It's not approved or denied the lady said. He came to country when he was a teenager but had overstayed the visa for years...so does it mean that you can file i-485 withouse i-130?

[geowrian 22,335]

There must be an underlying petition for any family-based AOS. For a spouse, that's an I-130.  They won't even accept an I-485 without it.

Edited November 6, 2018 by geowrian

[Villanelle 4,121]

@Coke987 There is a tremendous amount of speculation going on here since you do not actually know what was submitted. Im also somewhat surprised that the phone rep actually gave you any information at all about HIS 485. I can understand them talking to you about a 130 that you filled out (which apparently you never did) but they should not have discussed the status of his 485 with you. 

Anyway there are many ways for someone to be eligible for adjustment of status (485). Most require an underlying petition (like 130 family or 140 employment) however there are a few odd categories that do not need an underlying petition. You can review these 2 links to see if anything stands out as something he may have used to qualify to file the 485 besides your marriage (you filing a 130)

https://www.uscis.gov/greencard/adjustment-of-status 

https://www.uscis.gov/greencard/eligibility-categories

 

Regardless of what you figure out- the ONLY way for you to stop the process IF it was based on marriage is to submit a letter as described on page 1 I think basically saying I am withdrawing the 130 and 864 submitted. If USCIS has no record of you submitting those forms or his process is NOT dependent on you they will just ignore it- simple as that. So just mail the letter and focus your attention of figuring out what you need to do in your county to divorce a spouse when you do not know their whereabouts.