Process of withdrawal? Where does the application go?

[Strawberrymermaid 346]

Hello all,

 

The CEAC status of my soon to be ex-husband changed to "REFUSED" after months of "READY". He never had an interview as I withdrew it before we ever got an interview date. I withdrew the application back in May but did not receive confirmation until July, then the status did not move until now.

 

Will it be sent back to USCIS to expire? Just curious how that will work.

[Mike E 11,741]

3 minutes ago, Strawberrymermaid said:

Will it be sent back to USCIS to expire?

Did you write USCIS asking to withdraw your I-130? What is the status of the USCIS case number assigned to your I-130?

 

Did you withdraw your I-864?

Edited September 14, 2022 by Mike E

[Strawberrymermaid 346]

3 minutes ago, Mike E said:

Did you write USCIS asking to withdraw your I-130? What is the status of the USCIS case number assigned to your I-130?

 

Did you withdraw your I-864?

Hmm no I did not. I wrote the US Embassy in Warsaw withdrawing the case. I wrote NVC, but they told me it was at the embassy so to write them instead.

How do I withdraw I-864? Is that separate from the case at the embassy?

The status of the USCIS case number has a little box at the top that says "case closed", with a status on Sept 2, 2021 of "Case was sent to the Dept of State". 

[Chancy 6,241]

5 minutes ago, Strawberrymermaid said:

Will it be sent back to USCIS to expire?

 

If you mean the petition, an approved I-130 would not expire, as it is based on an existing family relationship.  The approval would need to be revoked or the petition withdrawn.  Revocation happens when new information comes to light (say, at the visa interview) that the petition approval was granted in error, perhaps due to fraudulent information in the original submission.  If there was no fraud involved but the petitioner no longer wants to pursue immigration for the beneficiary or the relationship no longer exists (as will soon be in your case), the petitioner may withdraw the I-130.  Withdrawal of the petition is not required, but if one is filed, it may not be retracted.

 

[Strawberrymermaid 346]

1 minute ago, Chancy said:

 

If you mean the petition, an approved I-130 would not expire, as it is based on an existing family relationship.  The approval would need to be revoked or the petition withdrawn.  Revocation happens when new information comes to light (say, at the visa interview) that the petition approval was granted in error, perhaps due to fraudulent information in the original submission.  If there was no fraud involved but the petitioner no longer wants to pursue immigration for the beneficiary or the relationship no longer exists (as will soon be in your case), the petitioner may withdraw the I-130.  Withdrawal of the petition is not required, but if one is filed, it may not be retracted.

 

That makes sense, thank you.

Do I write to the center that processed the petition to withdraw the I-130?

[Chancy 6,241]

1 minute ago, Strawberrymermaid said:

Do I write to the center that processed the petition to withdraw the I-130?

 

Yes, the service center listed on the NOA2.  Just a statement that you are withdrawing the I-130 because you are divorcing, will be sufficient.  Even if you do not get a response back from USCIS, the withdrawal request will be kept in their records.

 

[Crazy Cat 41,981]

23 minutes ago, Strawberrymermaid said:

I wrote the US Embassy in Warsaw withdrawing the case.

How did you word the withdrawal? 

[Strawberrymermaid 346]

Just now, Crazy Cat said:

How did you word the withdrawal? 

A snippet of my email/ letter I sent direct to embassy:

I have filed for divorce from my spouse in Russia and wish to withdraw case number -00000000000.

Their email back:

We can confirm the case has been updated to reflect the divorce and the application will not proceed.

[Crazy Cat 41,981]

5 minutes ago, Strawberrymermaid said:

A snippet of my email/ letter I sent direct to embassy:

I have filed for divorce from my spouse in Russia and wish to withdraw case number -00000000000.

Their email back:

We can confirm the case has been updated to reflect the divorce and the application will not proceed.

The I-130 will be revoked based on that wording and their answer.  Keep that documentation.

Edited September 14, 2022 by Crazy Cat

[Chancy 6,241]

3 minutes ago, Strawberrymermaid said:

We can confirm the case has been updated to reflect the divorce and the application will not proceed.

 

Sounds like you don't need to do anything more to close the visa case for your soon-to-be ex.  Like I said, petition withdrawal is not required, and it's likely that the withdrawal request you sent to the embassy will make it to USCIS eventually.

 

[Mike E 11,741]

1 hour ago, Strawberrymermaid said:

How do I withdraw I-864? Is that separate from the case at the embassy?

I would contact the embassy and NVC and state that you are withdrawing your I-864. 
 

1 hour ago, Strawberrymermaid said:

The status of the USCIS case number has a little box at the top that says "case closed", with a status on Sept 2, 2021 of "Case was sent to the Dept of State". 

I would write the service center and state that you are withdrawing the I-130.
 

As others have said this might not be necessary. But you signed both those forms and so technically you should withdraw those forms.