TiesNThings

Good morning everyone. I have a question and was hoping someone could
offer me som advice.

I am a US Born Citizen and brought over a foreign National with a K-1
Visa. We got married, went to the AOS interview and all went well and
the INS officer said he would reccomend approving the case.

I had some concerns that my wife was here only for the green card. It
got to a point where I send a letter to the USCIS requesting that the
petition be removed (yes I know it was hasty). This was a couple days
ago. I have since found out for a fact that this was not the case and
she really want to be my wife.

I am going to overnight a letter today asking for the withdrawal
request to be disregarded.

My question is...did I just mess everything up, or can the second
letter fix everything?

PLEASE, any help or guaidance would be greatly appreciated.

Thanks!!!!

michael

8 C.F.R. 103.2(b)(6) provides that the withdrawal of a petition cannot
be retracted. Therefore, if the examiner holds you to the letter of the
law he will treat your petition as withdrawn, he will not recognize the
retraction, and he may deny your wife's I-485 if box a. on Part 2 is
checked, indicated that she is adjusting status upon the basis of an
immigrant visa petition having been filed upon her behalf.

However, the officer should not deny the I-485 if box c on Part 2 is
checked, since this box indicates that she is adjusting status as a K-1
who has married within 90 days, which actually does not require a visa
petition to be filed upon her behalf.

This is the theory. The reality is that the officer can and probably
will do whatever he feels like - ignore your letter or treat your I-130
as withdrawn and deny your wife's I-485, regardless of the legal
technicalities of the issue. More likely he will base his decision
primarily upon how he feels about the marriage and your wife.

Worst case scenario however, there is nothing to prevent you from
filing another I-130 upon behalf of your wife and for her to file a new
I-485, if necessary. However, she may be placed in removal proceedings,
in which case she will have to renew her I-485 before an immigration
judge and then persuade him to grant her continuances until the I-130
is decided, which could be quite awhile, now that the good faith nature
of the marital relationship has been placed in doubt.

Although it is true that virtually everyone filing for immigration
benefits would benefit from legal counsel, I think this is a case where
your wife really does need an attorney - of her own by the way, not one
that is also representing you.

The above comments are not legal advice nor create an attorney-client
relationship between the writer and the reader.

Send follow up questions to [email protected]. I do not check posts
for responses

Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 248/928-0340
Office fax: 248/680-0627




[email protected] wrote:
    > Good morning everyone. I have a question and was hoping someone could
    > offer me som advice.
    > I am a US Born Citizen and brought over a foreign National with a K-1
    > Visa. We got married, went to the AOS interview and all went well and
    > the INS officer said he would reccomend approving the case.
    > I had some concerns that my wife was here only for the green card. It
    > got to a point where I send a letter to the USCIS requesting that the
    > petition be removed (yes I know it was hasty). This was a couple days
    > ago. I have since found out for a fact that this was not the case and
    > she really want to be my wife.
    > I am going to overnight a letter today asking for the withdrawal
    > request to be disregarded.
    > My question is...did I just mess everything up, or can the second
    > letter fix everything?
    > PLEASE, any help or guaidance would be greatly appreciated.
    >
    > Thanks!!!!

Very Worried

Mr. Piston Thank you VERY much for the help. I wish you the best.

Regards.