Withdrawing I-485

S

spr9

Registered Users (C)
Hi all,

My wife is on an F1 visa and has recently applied for her I-485 (I am the primary applicant). She has not received the receipt yet but needs to leave the country but can\'t because she does not have an advance parole and can\'t get her advance parole because she has not received the I-485 receipt yet. Can you please answer the following questions:

1. Can she withdraw her I-485 application?
2. If she withdraws her I-485 application, what is her status? Is she
    back to her F1 student status? Is her old F1 still valid?
3. If the I-485 application is withdrawn, would she have been out of
    status at any given point?
4. If the I-485 application is withdrawn, will she experience problems in
    applying for a green card later down the road on her own(for example
    in 2 or 3 years)?
5. Do you see any problems occurring if she withdraws her I-485
    application?
6. Just to be on the safe side, is there a way to find out what her
    status is after withdrawing her I-485 application?

 Your help is greatly appreciated.

Thanks.
 
she is safe, but..

It appears to the folks she is leaving you permanently. Are you getting divorced, which is the only good reason for her to withdraw her 485? Yet you are still concerned with her later application in case she withdraws her case. Hope I am wrong.

 If she does withdraw her 485, nothing would hurt if as long as her F visa is valid
 
Hunna,

Thanks for the rely. No I am not getting divorced...but my wife\'s sister is getting married and my wife ABSOLUTELY wants to be there...and since a receipt & advance parole will not be obtained by then, my wife wants her I-485 application to be withdrawn. Based on my understanding, she can always apply for her green card on her own after she gets a job.

spr9.
 
TRUST ME

YOUR WIFE ABOLUTELY DOES NOT WANT TO LEAVE THE COUNTRY WITH F-1 STATUS..PERIOD. EVEN IF SHE WITHDRAWS I-485, SHE MAY STILL BE BARRED FROM ENTERING THE COUNTRY....I HAVE A SIMILAR CASE AND MY LAWYER SAID "IT IS ABOLUTELY CRITICAL THAT SHE DOES NOT LEAVE THE COUNTRY IN F-1 STATUS

cONSULT A LAWYER AS HE WILL GIVE THE BEST OPINION
 
state

Hi,
 you are in which state(among 50 states in USA)? if you are in MA(Boston)you can get advance Parole with fedex postal receipt(if you say them as family emmmm)
 
Do not withdraw wife\'s 485 application

She can leave Us and send her AP paper by FEDEX/UPS after you receive them. IMPORTANT: Since she was on F1 Status before filing for I-485, DO NOT WITHDRAW HER I-485.

If you receive 485 receipt, but not AP papers, you can visit local INS office with a letter explaing the need to travel overseas, you can get AP from local INS within 1-2 days.

* Disclaimer - Use at your own risk. I am NOT a lawyer *
 
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