How to terminate Green card petition?
My friend, H got married October, 2004 to Korean-American woman in
Hawaii after 4 years of relationship. FIled for Green card in October, 2004. However, wife decided to kick him out from their Hawaii home. He got the Travel Permission from INS and left U.S in June, 2005. He got a job in Korea and staying Korea. (as of February, 2006) He is not interested in getting Green Card. He would like to drop Green Card Application. What does he needs to do? Where he needs to send to? Any sample letter? (Format of the letter) or is there Specific Form he needs to fill out? Does he need to come back to state to file it? Thanks in advance! |
Re: How to terminate Green card petition?
Not up to him, up to his spouse, who if she has any sense would already have written to withdraw it.
But if she did not and the interview comes up, obviously he will not be there so it will lapse. |
Re: How to terminate Green card petition?
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Hash: SHA1 He really doesn't have to do anything; his application will be considered abandoned eventually when he doesn't show up for the interview. I would still recommend that he send a letter to the USCIS office where he first filed the I-485, include a copy of the receipt notice, and formally withdraw. There is no need to return to the USA to do that. woody wrote: > My friend, H got married October, 2004 to Korean-American woman in > Hawaii after 4 years of relationship. > FIled for Green card in October, 2004. > > However, wife decided to kick him out from their Hawaii home. > He got the Travel Permission from INS and left U.S in June, 2005. > > He got a job in Korea and staying Korea. (as of February, 2006) > > He is not interested in getting Green Card. He would like to drop Green > Card Application. > > What does he needs to do? Where he needs to send to? > Any sample letter? (Format of the letter) or is there Specific Form he > needs to fill out? > Does he need to come back to state to file it? > > Thanks in advance! > - -- Please visit my FAQ at http://www.kkeane.com before asking a question. It may answer your question. Remember, I am strictly a layperson without any legal training. I encourage the reader to seek competent legal counsel rather than relying on usenet newsgroups. NOTICE: Due to Presidential Executive Orders, the National Security Agency may have read this email without warning, warrant, or notice. They may do this without any judicial or legislative oversight. You have no recourse nor protection save to call for the impeachment of the current President. -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.4.0 (MingW32) Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org iD8DBQFD+f052STeoAchQDkRApd6AJsHDkvGg5i2uOQTEakQom kTRLjAXQCfTZ0E 8BmWXcBVcO/oyWAL4RYnwsQ= =2GYM -----END PGP SIGNATURE----- |
Re: How to terminate Green card petition?
Thanks!
Here is the second question. My friend, H's wife filed divorce in Dec. 2005 and in the divorce paper she is saying that my friend married to her sole purpose of getting the Green Card. Wife is accusing him as fraud. (Which is not true at all. As I mentioned before they dated for 4 years before they got married) She is doing this to erase the history of marriage. (Annulment) I guess she want to be "virgin" again on the Paper. According to the wife, as long as she doesn't report him to INS, my friend will be automatically off from Green Card application without getting penalized and she will get her virginity back. Is it true? Can my friend come back to state as a traveler or as student in future without any problem? Thanks in advance! P.S. In case, you missed my first post... Here is the timeline. My friend, H got married October, 2004 to Korean-American woman in Hawaii after 4 years of relationship. Filed for Green card in October, 2004. However, wife decided to kick him out from their Hawaii home. He got the Travel Permission from INS and left U.S in June, 2005. He got a job in Korea and staying Korea. (as of February, 2006) |
Re: How to terminate Green card petition?
There has to be an Essex Girl joke her, someone help me.
INS is no more, and I am sure USCIS is inundated with unsupported applications of this sort, one thing alleging it another proving it. He can certainly apply for a Student visa, whether he gets one will probably be little influenced by this, afer all he left, a big plus in showing non immigrant intent. |
Re: How to terminate Green card petition?
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Hash: SHA1 Woody wrote: > Thanks! > Here is the second question. > > My friend, H's wife filed divorce in Dec. 2005 and in the divorce paper > she is saying that my friend married to her sole purpose of getting the > Green Card. Wife is accusing him as fraud. (Which is not true at all. > As I mentioned before they dated for 4 years before they got married) > > She is doing this to erase the history of marriage. (Annulment) I guess > she want to be "virgin" again on the Paper. > > According to the wife, as long as she doesn't report him to INS, my > friend will be automatically off from Green Card application without > getting penalized and she will get her virginity back. Is it true? > > Can my friend come back to state as a traveler or as student in future > without any problem? Since he actually left and is no longer pursuing his Green Card, fraud would be a very difficult thing to even claim ;-) I don't think you have anything to worry about. The very worst could be that the allegation ends up in the USCIS computers. Given that you did leave, you aren't likely to even be asked about it. But if you are, simply explain your version of events. - -- Please visit my FAQ at http://www.kkeane.com before asking a question. It may answer your question. Remember, I am strictly a layperson without any legal training. I encourage the reader to seek competent legal counsel rather than relying on usenet newsgroups. NOTICE: Due to Presidential Executive Orders, the National Security Agency may have read this email without warning, warrant, or notice. They may do this without any judicial or legislative oversight. You have no recourse nor protection save to call for the impeachment of the current President. -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.4.0 (MingW32) Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org iD8DBQFD+vLm2STeoAchQDkRAoPpAJ9peV4w5xwStjSa7mo5t+ Iy7dWZ1ACfbhKa pA2crixvaLwMOynaQUIzW3M= =mfEb -----END PGP SIGNATURE----- |
Re: How to terminate Green card petition?
Thank you so much, Kevin!!
My friend will be very happy to hear this. |
Re: How to terminate Green card petition?
woody,
If your friend wishes to withdraw his application for LPR status he can write to the USCIS facility where he submitted his application and tell them that he is no longer interested in becoming an LPR, has left the USA, and wishes to withdraw the application. If the place where he submitted the application was not the District or Sub office that serves the place where he was living, then he can send a copy of the letter to that office. (If this is the case, it might be best if he addressed the letter to both facilities.) Whether or not your friend can come back to the USA as a visitor or otherwise in the future cannot be predited at this point - a lot of things can happen between now and whenever. Closing the current open case with a letter may help to avoid future problems that might otherwise arise from this case. Regards, JEff |
Re: How to terminate Green card petition?
Thanks, Jeff!
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