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  #1  
Old 4th March 2009, 01:26 PM
Indian_Citizen Indian_Citizen is offline
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Someone know about it?

I am conditional permanent resident based on marriage to USC from past 4 months. My concerns are:
1. Can USC spouse voluntarily withdraw I 130 & I 864?
2. If she is able to withdraw I 130, what happens to my I 485(I mean conditional permanent residency?
3. If she is able to do so, how long she can do it? Until I remove conditions? Until I get citizenship?

Thanks
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  #2  
Old 4th March 2009, 03:32 PM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by Indian_Citizen View Post
1. Can USC spouse voluntarily withdraw I 130 & I 864?
Prior to approval, sure. Afterwards, no.

Quote:
2. If she is able to withdraw I 130, what happens to my I 485(I mean conditional permanent residency?
If you are a conditional permanent resident, then your I-130 and I-485 are approved. Are they? If not, then you are not a PR.
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IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #3  
Old 4th March 2009, 04:21 PM
Indian_Citizen Indian_Citizen is offline
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thanks

Thanks Therealcanadian.Yes I am conditional resident and I 485 and I 130 approved 4 months back. So according to you she can not withdraw I 130 as it is already approved. Is that right?
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  #4  
Old 4th March 2009, 05:10 PM
Jackolantern Jackolantern is offline
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It is too late to withdraw your I-130 or I-485. But they can disrupt the I-751 if it has not been approved yet.
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PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007

I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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  #5  
Old 4th March 2009, 10:37 PM
Indian_Citizen Indian_Citizen is offline
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Posts: 130
Thank you Jakolantern. It’s nice to hear that. My wife is angry with me for some reasons and threatens me that she will withdraw her petition. For some reason I thought she can withdraw until conditions to be removed on residency. Now I am happy to hear this. Well, for I 751 I don’t want to think much about it right at this moment.
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