how to withdraw spouse\'s 485 application

A

apsa

Registered Users (C)
Hi,
I have question:
a friend of mine got married just before she got her
a month or two before her 485 approval and added her
husband to the 485 application. Now she suspects that
he married her for the GC. She wants to report this
to INS And withdraw the 485 application for him. What
is the process for this.

Thanks,
Apsa
 
I don\'t think it will work

It will be tough to prove that.

The only problem that her husband is going to have is that he will
have a conditional GC (they were not married for 2 years) if they
got divorce before condition is removed/she doesn\'t appear on
interview he\'ll be screwed.

Unless she divorce him right now there is nothing she could do.
 
Not when you filed 485 at the same time

The husband will not get a conditional GC since the 485s were filed at the same time. INS issues conditional GCs to spouses who married to permanent residents or citizens.
However, being the primary applicant, she can always withdraw her spouse\'s application. A letter would do it. Call the INS 1-800 number and ask for additional information.
 
Write a letter withdrawing the affidavit of support - but be CAREFUL

No affidavit of support=no GC. But, once that is withdrawn it will be very difficult to move forward if they patch things up. INS will want huge amounts of proof that the marriage is legitimate.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
How can she withdraw affidavit of support

Thanks for responding to this thread.
She is not thinking of patching up at all.
She wants an annulment right.(they have been
married for 3 months, he is in UK, she is here. He has
visited here twice(to file for 485 and then for fingerprints)
They havent consummated the marriage, because
they havent had a traditional marriage yet. the registration
was done just to speed up the GC.

Her approval has come through.

What is the fastest way to let INS know about her
withdrawing the affidavit of support/485 application.

If she gets her marriage annuled, does she still have
to divide her assets and give him 50% and alimony?

Thanks for your response in advance.
--
Apsa
 
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