Withdraw N-400

Triple Citizen said:
Didn't we see a similar case a few months back where the adjudicator allowed the applicant to change it from a 3 year based application to a 5 year based? I somehow remember seeing such a post.
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That assume the applicant had already been a PR for 5 years at the time
of filing 3 year based application. Rather than 5 years at the time of
interview.
 
Triple Citizen said:
Didn't we see a similar case a few months back where the adjudicator allowed the applicant to change it from a 3 year based application to a 5 year based? I somehow remember seeing such a post.
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There have been several such posts, but the applicant was eligible under 5 year rule at the time of filing.
 
WBH said:
In one sense it is better to withdraw that way because if you send in a letter of withdrawal, the USCIS may miss it. And of course I said this assume the trouble of going to interview is not too big.
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True, it would be better to go to the interview to make sure the withdrawal is done before reapplying. Otherwise, if he sends a withdrawal letter and reapplies, they might withdraw the new case instead of the old one.
 
Jackolantern said:
True, it would be better to go to the interview to make sure the withdrawal is done before reapplying. Otherwise, if he sends a withdrawal letter and reapplies, they might withdraw the new case instead of the old one.
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How long does it take for USCIS to send A-file back to NBC so that A-file transfer can be done for re-application?
 
Thanks for a very very good information.
Actually my wife has no problem to attend the interview and I have all the doc's that I can prove the we are living together, She is living separately from last 6 months or so and with the enormous resources USCIS have, there is chance to figure it out that we are living separately.. I don't want to put her in any diff. situation.

This is what I am thinking, I will send a letter explaining that we are not together and want to withdraw my application, or not to mention anything just withdraw my application.. please advice.

Do I have to send the withdrawal letter to local office where the interview is scheduled or regional one?
 
Bobsmyth said:
Something that can be easily overcome by sending in withdrawal letter by registered mail and following up with an IO over the phone.
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I wouldn't count on that, given USCIS' propensity to make mistakes. By the time the request has gone through enough processing and filing for the IO to be able to see it in the files or computer screen, they may have already cancelled the wrong one. Unless what you're saying is to get confirmation of the cancellation of the old app before sending in the new one.
 
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Jackolantern said:
I wouldn't count on that, given USCIS' propensity to make mistakes. By the time the request has gone through enough processing and filing for the IO to be able to see it in the files or computer screen, they may have already cancelled the wrong one.
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The process in AFM to withdraw an application is to send a letter to USCIS to request an withdrawal. The IO at interview may request for the applicant to follow the process instead of recording the withdrawal at interview.
 
WBH said:
There was a post by someone who filed too early (did not realize 90 day rule does not apply to marriage). He went to interview and sign the withdrawal of his application. So the OP of this thread can go to interview to withdraw.
In one sense it is better to withdraw that way because if you send in
a letter of withdrawal, the USCIS may miss it. And of course I said this assume the trouble of going to interview is not too big.
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WBH
90 DAYS rule applys to marriage too.u r wrong that it does not apply to marriage .
 
Jackolantern said:
No. 3 full years of marriage are necessary before filing the application. The subtracting of 90 days is only for continuous residence.
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There is a misunderstanding here I think. He thought what I meant is
90 day before the GC anniversary does not apply to marriage based application. What I realy meant is the one can not apply 90 days before the
3rd anniversary of marriage even when it is already less than 90 days from
3rd anniversary of GC.
 
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