Should I cancel everything?

S

stonexu1984

Registered Users (C)
we just got married on july and my wife is already with her exbf in another country, which to me is absolutely unacceptable. I will file divorce these days.

i already finished FP, my question is should I cancel the everything now or let it get denied once I don't go to the interview?

I am going back to my country next month with H1 visa, is it an apporpriate choice to wait until I get AP since some H1B get checked and if i cannot come back to US on time i will definitely lose my job.

But once I use AP i will be in parolee status I need to switch back to H1, is it the same procedure as renew/transfer H1? How much will it cost? even if I stay in my old job.

anyway, I will give up GC but AP could be an insurance to bring me back.
 
stonexu1984 said:
But once I use AP i will be in parolee status I need to switch back to H1, is it the same procedure as renew/transfer H1? How much will it cost? even if I stay in my old job.
Click to expand...

Google the Cronin Memorandum; you should be able to return via AP and remain in H1 status.
 
stonexu1984 said:
we just got married on july and my wife is already with her exbf in another country, which to me is absolutely unacceptable. I will file divorce these days.

i already finished FP, my question is should I cancel the everything now or let it get denied once I don't go to the interview?

I am going back to my country next month with H1 visa, is it an apporpriate choice to wait until I get AP since some H1B get checked and if i cannot come back to US on time i will definitely lose my job.

But once I use AP i will be in parolee status I need to switch back to H1, is it the same procedure as renew/transfer H1? How much will it cost? even if I stay in my old job.

anyway, I will give up GC but AP could be an insurance to bring me back.
Click to expand...



Terrible news on the home front Stone. I am sorry to read about this unacceptable behavior from your spouse...:(
 
stonexu1984 said:
anyway, I will give up GC but AP could be an insurance to bring me back.
Click to expand...
If your GC process (the I-485) is canceled, the AP is no longer valid. So you should think of your H1B as insurance to bring you back, not the AP, as the H1B is not dependent on your marriage or green card process.
 
thanks, but how do i cancel the I485? which form should I file OR wait the interview letter and simply ignore it? Hope that won't affect my H1 and won't leave a negative influence on my future I485 application.

I will try everything to keep my H1 visa


Jackolantern said:
If your GC process (the I-485) is canceled, the AP is no longer valid. So you should think of your H1B as insurance to bring you back, not the AP, as the H1B is not dependent on your marriage or green card process.
Click to expand...
 
stonexu1984 said:
thanks, but how do i cancel the I485? which form should I file OR wait the interview letter and simply ignore it? Hope that won't affect my H1 and won't leave a negative influence on my future I485 application.

I will try everything to keep my H1 visa
Click to expand...


Stone,

Write a letter to USCIS, I believe the NBC for family based applications is in Montana, might be wrong as USCIS has done a number of changes. Attach all the Notice of Actions into your letter, and indicate to the immigration officials that you are withdrawing your AOS application. You don't have to give a reason, just clearly states you no longer wish you pursue the greencard applications.

On the outside of the envelope, after USCIS, in the second line write this:
Status Inquiry on Pending Application. I used to send letters to USCIS, and would use this because once they receive the mailing, they are sorted our and those inquiring are put in a seperate area. An IO told me this years ago, and each time I did that, I would receive a response within 3 weeks of mailing my letter. Good luck and wish you happiness dude...:)
 
Stone,

what Al Southner said is absolutely correct. Because I asked my lawyer how to withdraw before, I want to add two points:
1. Where did you file your original application, file the withdrawl letter to the same address.
2. Do NOT wait the interview letter and simply ignore it--- You will get denied, which will leave a bad record under your name and have nagative burden in your future GC application.

I would go to see a lawyer if I were in your situation.
 
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