RickyOtto

My American wife had an affair and I am now trying to withdraw my spousal green card application. I have sent two letters withdrawing but received no confirmation of the withdrawal.


I have now been sent a letter inviting me to interview on May 15th.


I called up the USCIS customer service center and it confirmed that the interview and application is still live. The rep told me that if I don't turn up to the interview then that will be considered a withdrawal of the application.


I suggested this might affect a future application negatively (I am now applying through work) and she said she couldn't tell me how it would be looked upon (which always sounds slightly ominous).


I want to withdraw my application before the interview but not sure on the best route. She suggested INFOPASS but there were no available appointments in the next 14 days when I tried to book.


Any suggestions and thoughts on all of the above are welcome

Rete

I'm requesting your post be sent to the proper forum.

The information you received is correct. Not showing up for the interview will cause your application to be withdrawn, cancelled, rejected, whatever. It will have no effect on any other petitions you may submit.

ian-mstm

This is correct. If you don't go, the application will be subsequently denied and then die a natural death.

Keep in mind that you are allowed to remain in the US only until the application is adjudicated. If you choose not to go to the interview, the application will be denied (because you're not there) and you will immediately need to leave the US - because you will no longer have the protection of law... which you currently have.


It should make no difference whatsoever.


I hope you're successful, because in less than 3 weeks you may have no choice but to leave the US.

Ian

Pulaski

As he is already in the US I think he's on a work visa and is only adjusting to a green card, so he will remain on his work visa until his employer-sponsored green card is approved.

ian-mstm

Ah, well then... good. I couldn't be arsed to read through his prior posts to figure that out.

Ian

SanDiegogirl

I believe he entered on a spouse visa as he previously asked about I-864 forms and the fact his FIL was going to join sponsor him

So if the above is correct, now what ? Can he apply for a work visa while IN the US?

Pulaski

But if he's already in the US on a spouse - linked visa, what is (was) his up-coming interview for?

SanDiegogirl

Don't know - he entered the US around November 2015 ......

Rete

Looking at his posts, his USC wife lived with him in the UK for several years. Rather than do the DFC, he arrived in the US with a work visa. Not going there to wonder why he went such a strange route. I cannot find if he is still with the employer that sponsored him or if he gave up that employer when he received his EAD and moved on to a different employer. If he is still with them and that visa is valid, then he is find. If he moved employers than he is SOL. After nearly 5 years of marriage I would have the wife attend the interview and get the green card. You never know what the future holds and they might just reconcile.

Pulaski

OK thx, that is what I found, and your conclusions are the same.

RickyOtto

Wow....good work Team Multiple Detectives.🙂👍

Entered on L1 through work with wife in November 2015.

Applied for green card early last year through spousal.

She refuses to do the interview. We have a daughter so obviously want to stay.

Now applying for the green card through work who have been fantastically supportive (as they know the back story).

So general consensus is that it won't affect my work related green card application if I haven't withdrawn from the spousal process and don't attend the interview?


Edit: same employer. Also no chance of reconciliation. I won't bore you with the very gory details 😩

Pulaski

Correct.

RickyOtto

Thanks

Jack8602

Man, that sucks - i hope it works out for you in the long run.

Rete

No reason why it shouldn't. Not the first person to come to the US with a USC spouse and then have them switch affections leaving the foreign spouse in the lurch. Thankfully, this spouse has a work visa to fall back on in order to remain in the US and means to obtain a green card without benefit of marriage to a USC.