Withdraw AOS petition in my home country

[k1_visa]

Here is my dilemma.....

I am married to a USC. I am adjusting my status ( I485)... the petition is still pending

I had returned to my home country because my wife and I decided to divorce,But she havent filed for seperation/ divorce yet ................so now I am back in South America.

Here are my questions:

1)Can I withdraw the petition for permanent residence myself or does it need to be done by the USC?

2) should I contact the USA consulate/ embassy here or notice the Local Office where we filed the application?

I want to respect the US immigration laws and I dont think my wife is going to contact the USCIS so i want to prevent a possible case of fraud. I need to get in touch with the INS.

Any advice, help, suggestions????
Thanks

[k1_visa]

Originally Posted by k1_visa

Here is my dilemma.....

I am married to a USC. I am adjusting my status ( I485)... the petition is still pending

I had returned to my home country because my wife and I decided to divorce,But she havent filed for seperation/ divorce yet ................so now I am back in South America.

Here are my questions:

1)Can I withdraw the petition for permanent residence myself or does it need to be done by the USC?

2) should I contact the USA consulate/ embassy here or notice the Local Office where we filed the application?

I want to respect the US immigration laws and I dont think my wife is going to contact the USCIS so i want to prevent a possible case of fraud. I need to get in touch with the INS.

Any advice, help, suggestions????
Thanks

Please help

[patty579]

I don't know if you can withdraw your application. I guess so. You could call the USCIS service number to find out.
1 (800) 375-5283

[a_usc]

Yeah that will be a good idea... call them to find exactly what you may have to do... as far as my understanding goes, you don't necessarily have to do anything... once you don't turn up for an interview or FP appointment your case will be considered abandoned.

[Suzy977]

Originally Posted by k1_visa

Here is my dilemma.....

I am married to a USC. I am adjusting my status ( I485)... the petition is still pending

I had returned to my home country because my wife and I decided to divorce,But she havent filed for seperation/ divorce yet ................so now I am back in South America.

Here are my questions:

1)Can I withdraw the petition for permanent residence myself or does it need to be done by the USC?

2) should I contact the USA consulate/ embassy here or notice the Local Office where we filed the application?

I want to respect the US immigration laws and I dont think my wife is going to contact the USCIS so i want to prevent a possible case of fraud. I need to get in touch with the INS.

Any advice, help, suggestions????
Thanks

If I'm not wrong the I-485 is your petition for adjustment of status.

Since you are the petitioner, you can withdraw your own petition.

I believe, the I-130 has to be withdrawn by the USC since she is the petitioner.

Write to the DO or SC where your petition is pending.

[sgsnathan]

If you are in the foreign country now and just didn't show up for the interview, your application will be considered abandoned. Don't worry, no one is going to come looking for you in your country and force you to accept the permanent residency of the US . Anyways, I guess you can try to contact USCIS and let them know that you are withdrawing the petition just so it won't be held against you if you were to travel to the US in the future.

[cherr1980]

It is better to close the chapter yourself than they declare that the petition is denied due to abandon.

You can withdraw your own I-485 application since that is yours. As Suzy said the I-130 is your wife's petition.

You must communicate it in writing I think with all the information to the service center or the place that you sent your application.

[k1_visa]

Thanks for the info....

By the way... I already had the interview. The approval is pending due the Name Check.