Sepration from USC wife, my status on L1-B visa, I-485 interview notice received

[adsrms]

It is a hard situation for me. I-485 interview for AOS is due in just 3-4 days from now. I am separated from my US citizen wife.Have not filed for divorce. I am employed in the US on a valid L1-B visa.

Our marriage may or may not work..

1. I need advice as to how to withdraw the I-485 AOS application. I do no have copy of documents/notices that USCIS sent.They are with my wife.

Or

2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolve our differences?

3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?


Really appreciate a prompt advice.

 

[khayyam]

1. Go for an infopass appointment with your A number, speak to the IO bout your problem and ask about the options. I mostly think you will have to give the office a letter for cancellation for AOS.

2. Separation is seen as a marriage not working out, I doubt you can AOS. Marriage must be viable for AOS

3. 485 and 130 go together, they cannot live without each other in AOS.

 

[Jackolantern]

1. Go for an infopass appointment with your A number, speak to the IO bout your problem and ask about the options. I mostly think you will have to give the office a letter for cancellation for AOS.

Too late for Infopass now. Best thing is to just go to the interview and ask to withdraw. And remind the interviewer that you will continue in your L1 status.

 

[Jackolantern]

3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?

It's not revoked automatically or immediately. The I-130 could be used for consular processing after the I-485 is withdrawn or abandoned. But why do you care? The I-130 by itself won't give or preserve your immigration status, and if your marriage isn't working it will be useless anyway. And if your marriage is going well again you can file another I-130 if necessary.

 

[khayyam]

Too late for Infopass now. Best thing is to just go to the interview and ask to withdraw. And remind the interviewer that you will continue in your L1 status.

Nothing is legal with "asking", everything has to be presented in "writing" to the District Director handling the AOS. Yes sure it can be done at the AOS interview itself, but it could be attended at the Local infopass office before the interview. In most cases the Infopass officer will hand over the written request to the IO assigned to the case. Given the bureaucracy and the slow movement of files, I agree that its best to deal with the problem face to face with the IO at the AOS interview.

 

[Jackolantern]

Nothing is legal with "asking", everything has to be presented in "writing" to the District Director handling the AOS. Yes sure it can be done at the AOS interview itself, but it could be attended at the Local infopass office before the interview.

The interview is on Monday. It's too late to get an Infopass before then.

 

[khayyam]

Jack,

Open your eyes, and read completely. Half read is dangerous. The sentence below taken from my previous post. I clearly say I AGREE.

I agree that its best to deal with the problem face to face with the IO at the AOS interview

To avoid misunderstanding, any further requests to the USCIS actions should be in WRITING, and NOT VERBAL. All reminders and requests to be in WRITING.

Best thing is to just go to the interview and ask to withdraw. And remind the interviewer that you will continue in your L1 status.