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Who can withdraw an i751?

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  • Who can withdraw an i751?

    Question: Once a jointly filed I751 has been received and is pending adjudication, can either the USC spouse or the alien withdraw it? Or is it only the alien who can withdraw it?

    Also, how does one go about withdrawing an I751, if one is the USC spouse? Are there forms which should be used?

  • #2
    Question: Once a jointly filed I751 has been received and is pending adjudication, can either the USC spouse or the alien withdraw it? Or is it only the alien who can withdraw it?

    Also, how does one go about withdrawing an I751, if one is the USC spouse? Are there forms which should be used?


    • #3
      Aguila and Just a Thought Of Mine:

      You know, I really don't know what your problem is with my questions. Let's face it, I have never professed to be informed on Imigration, and I don't offer Immigration advise, because I am not qualified to do so. If you guys don't realize that coming to terms with a most frightening thought of having been used and deceived by someone I loved more than you can imagine, is not a PROCESS, then I beleve that you CANNOT begin to comprehend LOVE. This has beena journey for me, and just because it has taken time for me to come to this point, should be a TESTAMENT to the commitment and Love I had for my spouse. Shame on you for criticizing.

      What on earth is wrong with asking these Immigration questions? Are they not useful for others on this board...and are they not always posted asking for guidelines set up by BCIS for people who find themselves in difficult situations, which are WITHIN (not outside) the law, immigration and otherwise?

      Furthermore, who determines if a question is viable or not? The answer is the viability of a question posted on this board is determined by those fellow posters who read them and want to contribute - Such a decision as to whether I should ask for Immigration information surely should not be made UNILATERALLY by you.

      My question still stands for anyone out there who is interested in giving information and guidance, not for those who wish to presume (erroneously, I might add) that I would not listen or follow it.


      • #4
        Your questions have a malicious purpose, GETTING REVENGE, AND GETTING YOUR HUSBAND DEPORTED.

        I guess now you are upset by your husband statements and want to kick him out, MOVE ON!!!!!!! MOVE ON WITH YOUR LIFE, GET DIVORCED AND MOVE ON!


        • #5

          No, not revenge at all. He has every opportunity to apply for a Green Crad with his Mistress. I am not standing in the way. I am just simply appalled to learn that he has tried to use me for his Green Card.

          I HAVE EVERY RIGHT TO DO WHAT I SHALL...and by doing so, believe me, in some way I am in support of everyone on this board, who is in a marriage for the RIGHT reason and is struggling with the consequences of tough and thorough scrutinty and delay after delay, by showing BCIS what some people who marry someone solely for the purpose of securing a Green Card are really like and to what level they will stoop.


          • #6
            Swissnut, you have all the rights about sending your spouse home. I am sure if you do that, then you are taking right step by preventing people taking advantage of USC. Believe me delays in I-751 is because of such people. Do the right thing. You have showed your spouse this country and you have right to send your spouse back home. Contact BCIS regarding this. But I don't know much about you? I hope you don't have kids together? If you do, then reconsider your idea.


            • #7

              In response to your question, the answer is- When a "JOINT" I-751 is filed, it means there are two petitioners for this filed I-751 -one is alien-spouse and another is USC-spouse. Either of them can withdraw I-751 for ANY reason after filing of it, but it must be BEFORE it's Adjudication. After its adjudication, there is no question of withdrawing, instead then it must be a question of fraud or other investigational questions if there would be any, otherwise you would need to forget anything and learn to live up with the responsibilities for yr husband until he becomes USC.

              If alien-spouse withdraws it, then BCIS would terminate his conditional status immediately and would notify him/her to leave the country within 90days, and alien-spouse would also be notified in the same letter that if s/he won't leave the country within the given time then s/he would be detained and placed on deportation proceedings in front of immigration judge. And, as you know it is very hard to get approval on a case once the case goes in front of immigration judge because all the records even though those won't pertain to immigration matter, would be disclosed. Marriage with another USC won't help at all on removing the condition, periord. However, it may help at deportation proceedings, but the marriage would go to high scrutiny by the govt and judge because it would be considered to be occured to avoid deporation even though alien has no such intention. It's very hard to get approval from judge without a solid testimony of every one and other evidences, believe me.

              However, if USC-spouse withdraws the I-751 then BCIS would void that jointly filed I-751 and would do the same as I said above, unless alien-spouse files another I-751 under another category of its eligibilities, which is called waiver, before the given time to leave the country is expired. However, alien-spouse needs to meet all the requirements of other eligbilities with documentary evidences to support his/her position.

              The advantage for USC-spouse to withdraw Jointly filed I-751 by himself/herself first is-USC won't be liable for any kind of responsibilities that has come with submitting I-864 for her/his alien spouse. USC-spouse would get free of any responsibilities on alien-spouse once Jointly filed I-751 is withdrawn. Alien-spouse would be himself then. In order to withdraw, either person needs a alien's file # and full data, and they need to write in a simple piece of paper about their request and send the copy to service center and local BCIS office so that they can take over from there. As you know that even though I-751 is processed in Service Center, alien's file still remains with local BCIS office that have jurisdiction on him/her. Make sure to send certified mail with signature requirement to make sure everything is done right. There is no any prescribed form to withdraw such petition. Make sure to write very clearly and specifically, and you don't need to give the reason either if you don't want to, however separation is the best reason in yr case anyhow. Good Luck.


              • #8
                Thank you, Sammy. You answered my questions clearly and I really appreciate your focus on the question!


                • #9

                  I was told before I don't know by who, I guess someone from this board that USC cannot withdraw I-751 since the alien is the petitioner.


                  • #10
                    Hi Sammy, how are you? Just wanted to ask though I might be wrong... but in I 864 its written that even divorce can not terminate the liability of affidavit of support then how come there wont be any responsibilities and total freedom when USC withdraws I 751 ... ? Thanks...Pasha


                    • #11

                      I don't know who has posted that post with incorrect information. Actually, in "JOINTLY" filed I-751, both [alien-spouse and USC-spouse] are petitioners because they both ask to BCIS to remove the condition on conditional status of alien-spouse thru their signatures, that's why it is called- JOINTLY filed I-751. Of course, the alien-spouse is the beneficiary for immigration benefit on that jointly filed petition. So, being one of signed party to this petition [I-751], USC-spouse reserves the right to withdraw his/her request anytime, but prior to its adjudication.

                      If I-751 is not filed jointly, then no problem, then alien-spouse is the one will control the situation. But, we are talking here jointly filed I-751. Filing the joint I-751 means USC-spouse also requests the govt to remove the condition based upon that marriage is still going-on in good sense. And, as you know that a residency is granted for the sake of USC in this type of family situation. So, if USC-spouse will withdraw Jointly filed I-751, it means marriage has fallen apart, and then alien needs to qualify under waiver provisions to remove the condition.


                      • #12


                        • #13
                          Hey Davdah,
                          Somebody responded to a bunch of OLD posts...I highly doubt these people are still around. It's just taking away from current questions.


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