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Withdrawing I130

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  • Withdrawing I130

    When is the best time to withdraw a case, my friend got his work permit but his wife does not want to be married anymore and he wants to withdraw the case. Any suggestions on the best way to do this. Thanks,

  • #2
    so he is returning to his home country then????? because if he isnt already packing he soon will be!!!! Sounds cruel doesnt it - sorry. But just because he has his work permit doesnt mean that he can stay and live happily ever after....... I130 is just one form of a long process.... I suppose just phone where its filed and tell them its being withdrawn but be aware that does adjust his status in this country...


    • #3
      vanga, as soon as that petition is withdrawn, it will be almost the end of your friend's stay in the good USA. A work permit is just that and it expires you know!

      I hope your friend is ready to go home, where ever that might be. If not, he better talk some sense into his wife.


      • #4
        I assume this whole marriage idea was not what it meant to be then huh lol.
        Already messed up before getting married? wow.

        Anyway,nothing left to say.The minute withdraw takes place,that person must leave.Work permit means s.h.i.t. once withdraw takes place.

        Here is my question, why the withdraw and how did that person even enter the country.
        Well I am 100% sure the person did not enter the country legally with a Finace Visa, right?


        • #5
          HBKBK: He overstayed his visa, would it have been better to withdraw before the work permit? If the marriage was bonafide would it still be okay for him to wait and see what happens?


          • #6
            In this situation it would have been better not to have filed from the get go. Understand that once you file anything you are officially tagged!! Once a withdraw takes place the friend will be served with a NTA.

            The best solution and only solution at this time is not to withdraw.

            Good luck


            • #7
              Even if he does not withdraw the case, they will be called for AOS interview soon. He just received EAD, not temporary GC. If his wife doesn't show up for the interview, his case will be denied and EAD will be cancelled too. It is a matter of time.


              • #8
                I suppose just phone where it's filed and tell them it's being withdrawn, but be aware that does adjust his status in this country...
                So regardless of who withdraws the I-130 (he or his wife), he'll still be granted a Permanent GC anyway? What if she was to withdraw instead of him by way of an accusation of fraud (marriage)?


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