Withdrawing Visa During Coronavirus

[SandM0812 1]

Things didn't work between my ex and I, and we are now officially divorced in Japan. As you can probably guess, we both would like to withdraw our USCIS visa application, but we aren't sure on how to go about doing so right now. Do I necessarily need to mail them a letter of withdrawal?

If we don't respond to anything they send in the future, will they eventually just close our case? Do I send it to the service center our visa was sent to? Are the service centers receiving mail right now? Any and all help or a link to another thread would help tremendously, thanks.

[pushbrk 12,979]

5 minutes ago, SandM0812 said:

Things didn't work between my ex and I, and we are now officially divorced in Japan. As you can probably guess, we both would like to withdraw our USCIS visa application, but we aren't sure on how to go about doing so right now. Do I necessarily need to mail them a letter of withdrawal?

If we don't respond to anything they send in the future, will they eventually just close our case? Do I send it to the service center our visa was sent to? Are the service centers receiving mail right now? Any and all help or a link to another thread would help tremendously, thanks.

There is no visa.  What you do is send a letter to USCIS withdrawing your petition in behalf of your spouse.  If you are divorced in Japan, you are divorced, period.

[Quarknase 1,072]

4 minutes ago, SandM0812 said:

Things didn't work between my ex and I, and we are now officially divorced in Japan. As you can probably guess, we both would like to withdraw our USCIS visa application, but we aren't sure on how to go about doing so right now. Do I necessarily need to mail them a letter of withdrawal?

If we don't respond to anything they send in the future, will they eventually just close our case? Do I send it to the service center our visa was sent to? Are the service centers receiving mail right now? Any and all help or a link to another thread would help tremendously, thanks.

Where are you in the process - I-130 pending with USCIS? Then yes, you can either send them a message from your USCIS account or send them a letter to the service center where your petition is currently pending processing (mailing address is on the bottom left of your receipt notice). Provide the case number, petitioner and beneficiary name, and explain that you wish to withdraw your petition and that you divorced from the beneficiary. They do receive mail.

[Letspaintcookies 2,310]

You could just do nothing and it will die eventually. If you want to make a clean cut, which is understandable then you just send a letter to the service center that is processing your case ( please somebody correct me if there's another place where to send it ). You don't need to give them a reason why you want to withdraw, just give them all the information they need to find your case. Names, case number, NOA date

[payxibka 10,045]

23 minutes ago, Letspaintcookies said:

You could just do nothing and it will die eventually. If you want to make a clean cut, which is understandable then you just send a letter to the service center that is processing your case ( please somebody correct me if there's another place where to send it ). You don't need to give them a reason why you want to withdraw, just give them all the information they need to find your case. Names, case number, NOA date

I130s don't die,  they get placed in long term storage. 

[geowrian 22,337]

More specifically, I-130s do not expire.

They are put into storage. Eventually they are destroyed.

[Letspaintcookies 2,310]

4 minutes ago, payxibka said:

I130s don't die,  they get placed in long term storage. 

 

2 minutes ago, geowrian said:

More specifically, I-130s do not expire.

They are put into storage. Eventually they are destroyed.

Oh I thought they would also die latest at the NVC stage after not responding for about a year. Thanks for correcting me.

[geowrian 22,337]

4 minutes ago, Letspaintcookies said:

Oh I thought they would also die latest at the NVC stage after not responding for about a year. Thanks for correcting me.

Per INA 203(g), the registration may be terminated after 1 year of no activity (either not applying for the visa, or after the visa is refused and sitting waiting for a response at the consulate for a year). This can be reinstated with a sufficient reason prior to termination.

https://www.law.cornell.edu/cfr/text/22/42.43

https://www.law.cornell.edu/cfr/text/22/42.83

[millefleur 5,047]

USCIS is still operating, they've just suspended "in person" services until June 4th (for now), so you can alert them that the I-130 petition you filed no longer qualifies because you divorced the beneficiary. It's better to be proactive about it rather than just letting it "die" because should you ever re-marry to another foreigner and want to apply for an I-130 again for your spouse, previous I-130's filed for ex-spouses will be asked about. I would send the formal notice/letter of withdraw as mentioned earlier in the thread.

Edited April 29, 2020 by millefleur

[pushbrk 12,979]

What "dies" is the visa process. It cannot go forward to a visa without action from the petitioner.  A live I-130 cannot result in a visa, if the petitioner "does nothing".  I still recommend a withdrawal letter.

[Ontarkie 14,280]

It's best to withdraw it.

 

If some years later  either of you go down this path again it can and has been a problem with petitions not being officially withdrawn. 

[Sparkle Sparkle 914]

I agree with @Ontarkie, for posterity it's better you make a clean cut and withdraw formally so that you don't have issues if luck will have it 😊, you get married to another foreigner and want to make a home in Ameria. Although it's been stated here that you don't need a reason to withdraw, but I would say you state clearly that you got divorced. Immigration keeps records forever, they might close your case but they still have your records... So it's better your records are straightforward as your actions are. 

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

[SandM0812 1]

On 4/28/2020 at 5:51 PM, pushbrk said:

There is no visa.  What you do is send a letter to USCIS withdrawing your petition in behalf of your spouse.  If you are divorced in Japan, you are divorced, period.

Thank you, shortly after I wrote this post I received a Notice of Immigrant Visa Case Creation from the NVC via email. Would this email mean I should send the withdrawal letter to the NVC, or our service center (Texas) still?

[pushbrk 12,979]

2 hours ago, SandM0812 said:

Thank you, shortly after I wrote this post I received a Notice of Immigrant Visa Case Creation from the NVC via email. Would this email mean I should send the withdrawal letter to the NVC, or our service center (Texas) still?

Send same letter to both.