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Withdrawal of an I-130 Due to Divorce

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  • 08-28-2014, 07:38 PM
    guest0002014
    Withdrawal of an I-130 Due to Divorce
    I am on F-1 visa. My spouse (US Citizen) submitted i-130, i-485, i-765 earlier but now my spouse already withdraw i-130 petition for my green card. One the other hand, now I have received my employment authorization card and citizenship and immigration services schedule an interview session for the adjustment of status. But the thing is I would like to start filing for divorce. At this time what should I do, should I withdraw my i-485 and how? Should I cancel the interview session? Is this going to be a problem for my current F-1 status? I need some assistance or guidelines for my next step.
  • 08-28-2014, 07:49 PM
    Dogmatique
    Re: Withdraw I-485 AOS Interview
    If your spouse has actually been able to withdraw the petition, you need an attorney. Very often, AOS can be accomplished without the aid of the citizen spouse - but you're not in that position.

    You need to be 100% sure that the petition was withdrawn. If it has, your options to remain here legally are extremely limited.
  • 08-28-2014, 08:44 PM
    Disagreeable
    Re: Withdrawal of an I-130 Due to Divorce
    How long were you in a cohabitation marriage? What is the reason for divorce?
  • 08-28-2014, 11:04 PM
    T53147
    Re: Withdrawal of an I-130 Due to Divorce
    A divorce at this time makes it look like the marriage was for an immigration benefit. If your spouse is smart, he/she should try to withdraw affidavit of support and would not appear to support your AOS..

    You have demonstrated immigrant intent; F-1 does not permit it.
  • 08-28-2014, 11:52 PM
    Dogmatique
    Re: Withdrawal of an I-130 Due to Divorce
    Yep. And that's really the only way he can negate the I-864. Withdraw the whole lot. If he's lucky, that's what he's done.
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