can petationar wife withdraw joint I751

AMUGHAL1

Registered Users (C)
Hello all
my marriage life close to end, I need a advice plz.

my wife is seprated from me two weeks ago, and also told me that she is filling divore, my I751 is pending since from 18 months. and my n-400 interview is also on next month.

now my question is that can my wife withdraw the I-751? as she is the petationar and we both sign on that appliaction.becuse she told me that she will do this.

Is she able to do that? or she has to wait for divorce to be final.
wat should I do in this situation, two weeks passed since she seprated, but i haven't receive any docoments for divore.
How long it take to be final for divorce in Georgia? any idea?
should I go to interview alone?

plz advice

thanks
 
Not even one statement in your postings shows that you want to save your marriage and work things out with your wife; instead all it shows that you want to save only your immigration status. So it's quite obvious what you want and what is so important to you. Probably, your wife might have found that out as well which along with other reasoning might have made her to seperate herself from you.

As for your questions then I've already told you everything about your situation other day (last week) but you are kept coming back with the same questions over and over. Let me answer specifically again- Yes, she can withdraw jointly filed pending I-751 at any time she likes to but before its adjudication. Why? Because she is one of the parties who has signed that petition. Thus, she has a constitutional right to withdraw it. If she ever does that then that petition will automatically be denied without a doubt no matter how many documents you would show to the USCIS to prove the bonafide of your marriage and regardless of how nice and honest person you have been here without any criminal history. There is a reason for this petition to be JOINT. Going to the interview alone or not going at all wouldn't make any difference. It's just that you will receive a denial letter soon if you don't go to the interview. And I want you to understand very clearly that she doesn't need to be divorced in order to withdraw any paper for you with the USCIS. With or without divorce decree, she can withdraw the petition.

So if she ever decides to withdraw it then you have to file another I-751 petition by your own under a waiver of Good faith marriage but before you are placed on a deportation proceeding, which you can file even know before she withdraws it, but you must need a divorce decree to file a waiver application by your own. Without a divorce decree for another petition I-751 or without the cooperation of your wife on a jointly filed pending I-751, your green card will be terminated and you will be placed on a deportation proceedings. Period. No more talking. You can talk to millions of attorneys or can post millions of times to ask the same questions over and over, but nothing will change what I've already told you. So if you want to save yourself from deportation then either convince your wife to go with you to the interview or get a divorce decree as soon as possible...better before the interview; otherwise nobody could save you from being on a deportation proceedings, believe me.

Whether or not you will be deported after being placed on a deportation proceedings will remain in the hands of immigration judge who will preside on your deportation case. Some immigration judges are nice to give some time to the aliens to get divorced so that aliens could file another petition I-751 after getting the divorce; while some judges don't give any time and decide cases based on how they are presented to them.

As for how long a divorce takes to complete at your place then nobody can tell for sure how long because a divorce depends upon a lots other factors such as- if it's contested or not and how many issues are involved in the marriage to be resolved. If your wife is not ready to sign divorce papers then it will take a very-very long time. But if she agrees to get divorce quickly and there is no any issue between both of them to resolve (like money, assets, properties, children, alimony, etc...etc) and you are willing to pay for the divorce then I don't see any reason for her not to be agreeing to getting a quicker divorce right away especially when she doesn't want to live with you anmore.

You may also fly to Vegas and get divorce quickly there so long your wife is ready to sign the divorce papers. She doesn't need to go with you to Vegas; instead you can go there by yourself, and after filing the divorce you can mail her divorce papers by the next day service to sign, and then she can mail you back those divorce papers by next day mail as well after signing them.

Once you will submit the divorce papers in the court in Vegas after her signature, judge will divorce both of you within 4 days. Also it costs very little money to hire an attorney and do all this divorce thing in Vegas...from $150-$250. However, there is a little problem though. Because of quickie divorce in Vegas, tons of people from around the world rushing to Vegas to get a divorce. So, Neveda legislators have changed their divorce laws a bit. Now a person needs to be a resident of NV for at least 6 weeks before filing a divorce petition in there, but so long someone can write an affidavit for you stating that they know you are living there for at least 6 weeks, you could get around with this requirement. Though I don't want people to lie; instead I'm just merely stating how people are getting around with this requirement. Also, keep it in mind that you can get such a quick divorce in Vegas only if your wife signs those divorce papers without contesting any of the issues.


Hello all
my marriage life close to end, I need a advice plz.

my wife is seprated from me two weeks ago, and also told me that she is filling divore, my I751 is pending since from 18 months. and my n-400 interview is also on next month.

now my question is that can my wife withdraw the I-751? as she is the petationar and we both sign on that appliaction.becuse she told me that she will do this.

Is she able to do that? or she has to wait for divorce to be final.
wat should I do in this situation, two weeks passed since she seprated, but i haven't receive any docoments for divore.
How long it take to be final for divorce in Georgia? any idea?
should I go to interview alone?

plz advice

thanks
 
Last edited by a moderator:
Not even one statement in your postings shows that you want to save your marriage and work things out with your wife; instead all it shows that you want to save only your immigration status. So it's quite obvious what you want and what is so important to you. Probably, your wife might have found that out as well which along with other reasoning might have made her to seperate herself from you.

As for your questions then I've already told you everything about your situation other day (last week) but you are kept coming back with the same questions over and over. Let me answer specifically again- Yes, she can withdraw jointly filed pending I-751 at any time she likes to but before its adjudication. Why? Because she is one of the parties who has signed that petition. Thus, she has a constitutional right to withdraw it. If she ever does that then that petition will automatically be denied without a doubt no matter how many documents you would show to the USCIS to prove the bonafide of your marriage and regardless of how nice and honest person you have been here without any criminal history. There is a reason for this petition to be JOINT. Going to the interview alone or not going at all wouldn't make any difference. It's just that you will receive a denial letter soon if you don't go to the interview. And I want you to understand very clearly that she doesn't need to be divorced in order to withdraw any paper for you with the USCIS. With or without divorce decree, she can withdraw the petition.

So if she ever decides to withdraw it then you have to file another I-751 petition by your own under a waiver of Good faith marriage but before you are placed on a deportation proceeding, which you can file even know before she withdraws it, but you must need a divorce decree to file a waiver application by your own. Without a divorce decree for another petition I-751 or without the cooperation of your wife on a jointly filed pending I-751, your green card will be terminated and you will be placed on a deportation proceedings. Period. No more talking. You can talk to millions of attorneys or can post millions of times to ask the same questions over and over, but nothing will change what I've already told you. So if you want to save yourself from deportation then either convince your wife to go with you to the interview or get a divorce decree as soon as possible...better before the interview; otherwise nobody could save you from being on a deportation proceedings, believe me.

Whether or not you will be deported after being placed on a deportation proceedings will remain in the hands of immigration judge who will preside on your deportation case. Some immigration judges are nice to give some time to the aliens to get divorced so that aliens could file another petition I-751 after getting the divorce; while some judges don't give any time and decide cases based on how they are presented to them.

As for how long a divorce takes to complete at your place then nobody can tell for sure how long because a divorce depends upon a lots other factors such as- if it's contested or not and how many issues are involved in the marriage to be resolved. If your wife is not ready to sign divorce papers then it will take a very-very long time. But if she agrees to get divorce quickly and there is no any issue between both of them to resolve (like money, assets, properties, children, alimony, etc...etc) and you are willing to pay for the divorce then I don't see any reason for her not to be agreeing to getting a quicker divorce right away especially when she doesn't want to live with you anmore.

You may also fly to Vegas and get divorce quickly there so long your wife is ready to sign the divorce papers. She doesn't need to go with you to Vegas; instead you can go there by yourself, and after filing the divorce you can mail her divorce papers by the next day service to sign, and then she can mail you back those divorce papers by next day mail as well after signing them.

Once you will submit the divorce papers in the court in Vegas after her signature, judge will divorce both of you within 4 days. Also it costs very little money to hire an attorney and do all this divorce thing in Vegas...from $150-$250. However, there is a little problem though. Because of quickie divorce in Vegas, tons of people from around the world rushing to Vegas to get a divorce. So, Neveda legislators have changed their divorce laws a bit. Now a person needs to be a resident of NV for at least 6 weeks before filing a divorce petition in there, but so long someone can write an affidavit for you stating that they know you are living there for at least 6 weeks, you could get around with this requirement. Though I don't want people to lie; instead I'm just merely stating how people are getting around with this requirement. Also, keep it in mind that you can get such a quick divorce in Vegas only if your wife signs those divorce papers without contesting any of the issues.

johnnycash thanks for your advice. can you please also tell me if she request to withdraw the I751 joint appliaction? how long it will take her to response from uscis? will uscis also inform me that petationer has withdraw the appliaction and wat other options i have on that time? or just they send deportation order?

I am in middle of all this, some time i just think may be she help me. but when i went yesterday to c her she refuse 2 tak with me.
I am very upset wat should i do? just wait and watch (as my interview after three weeks) or apply for divorce?
Plz wish me good luck all

God bless you all!!!!!!!!!!!!!!!!!!!!!
 
USCIS generally don't send any notification to petitioner (your wife in this case) when petitioner withdraws I-130 or I-751. So I don't think your wife will hear anything from USCIS if she chooses to withdraw jointly filed I-751. But that doesn't mean her request won't be honored right away.

On the other hand, USCIS does notify to alien-spouse when I-130 or I-751 is withdrawn by US citizen spouse by denying the whole AOS case or revoking/termining green card/permanent status. This letter they send thru a certified mail. However, sometime it takes them sometime to work on a file upon getting the withdrawing request but they do send it sooner or later.

As for the USCIS to issue a NTA to place you on a deportation proceedings then it would depend on the officer who will be assinged on your application. Some officers don't send out NTA...meaning don't put aliens on deportation proceedings as they sometimes forget...or whatever...but status would be revoked anyway the moment jointly filed I-751 is withdrawn. The denial letter will tell that if you fail to depart from the United States, you will be subject to detain and place on a removal proceeding.

What you should do then it's your choice. We cannot tell you what you should be doing. We can only give the options available to you, but how to proceed will be your call.


johnnycash thanks for your advice. can you please also tell me if she request to withdraw the I751 joint appliaction? how long it will take her to response from uscis? will uscis also inform me that petationer has withdraw the appliaction and wat other options i have on that time? or just they send deportation order?

I am in middle of all this, some time i just think may be she help me. but when i went yesterday to c her she refuse 2 tak with me.
I am very upset wat should i do? just wait and watch (as my interview after three weeks) or apply for divorce?
Plz wish me good luck all

God bless you all!!!!!!!!!!!!!!!!!!!!!
 
USCIS generally don't send any notification to petitioner (your wife in this case) when petitioner withdraws I-130 or I-751. So I don't think your wife will hear anything from USCIS if she chooses to withdraw jointly filed I-751. But that doesn't mean her request won't be honored right away.

On the other hand, USCIS does notify to alien-spouse when I-130 or I-751 is withdrawn by US citizen spouse by denying the whole AOS case or revoking/termining green card/permanent status. This letter they send thru a certified mail. However, sometime it takes them sometime to work on a file upon getting the withdrawing request but they do send it sooner or later.

As for the USCIS to issue a NTA to place you on a deportation proceedings then it would depend on the officer who will be assinged on your application. Some officers don't send out NTA...meaning don't put aliens on deportation proceedings as they sometimes forget...or whatever...but status would be revoked anyway the moment jointly filed I-751 is withdrawn. The denial letter will tell that if you fail to depart from the United States, you will be subject to detain and place on a removal proceeding.

What you should do then it's your choice. We cannot tell you what you should be doing. We can only give the options available to you, but how to proceed will be your call.

dear johnnycash

are you attorney ? how come you have so much knowledge?
you make me secared!!!!
 
Top