JD:
I know we have already discussed this matter on previous threads...but to answer your question succinctly - if USC spouse "requests" to withdraw a jointly signd I751 petition, before it has been adjudicated, then the matter will be either considered or denied, based upon the merits of the "request", i.e. the preponderance of information which would lead USCIS to consider it plausible and the reason for the request for withdrawal.
If the request to remove the petition is denied and the petition remains in place, however, most likely the petition will be flagged and an interview scheduled. There is comprehensive information with regard to this issue on several threads, and I posted something on this matter which was garnered from a conversation with an immigration attorney on December 23, 2003. If you cannot find the thread let me know and I'll search for it for you.
I know we have already discussed this matter on previous threads...but to answer your question succinctly - if USC spouse "requests" to withdraw a jointly signd I751 petition, before it has been adjudicated, then the matter will be either considered or denied, based upon the merits of the "request", i.e. the preponderance of information which would lead USCIS to consider it plausible and the reason for the request for withdrawal.
If the request to remove the petition is denied and the petition remains in place, however, most likely the petition will be flagged and an interview scheduled. There is comprehensive information with regard to this issue on several threads, and I posted something on this matter which was garnered from a conversation with an immigration attorney on December 23, 2003. If you cannot find the thread let me know and I'll search for it for you.
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