Withdrawing a family based petition.....
Jul 14th 2004, 1:16 pm
#1
Guest
Posts: n/a
Withdrawing a family based petition.....
Hello! I am now finding myself in a crisis. I married my husband back
in October of last year and I filed his family based petition in
February. It has been a very tumultuous and abusive relationship. I
finally decided that it wasn't worth staying in and I left him. He had
been working for two months without any kind of work authorization.
His new boss now wants to sponsor him for an H1B and it is in process
right now. He can't get it though if my petition is still out there. I
cannot file for divorce yet because I just moved back to Indiana and I
have to be a resident of this county for 6 months, meaning I can't
file for another 4 months!!! Then of course I have to wait two months
after that for it to go through.
What do I need to do in order to withdraw the petition? Is there
anything that I can do? My ex hasn't decided for sure whether or not
he wants to return to the States, but he'll have his H1, if he does. I
want to move on with my life and maybe later on down the road find
someone who will love me for me. If you can please let me know what I
need to do, that would be great. Thank you!
in October of last year and I filed his family based petition in
February. It has been a very tumultuous and abusive relationship. I
finally decided that it wasn't worth staying in and I left him. He had
been working for two months without any kind of work authorization.
His new boss now wants to sponsor him for an H1B and it is in process
right now. He can't get it though if my petition is still out there. I
cannot file for divorce yet because I just moved back to Indiana and I
have to be a resident of this county for 6 months, meaning I can't
file for another 4 months!!! Then of course I have to wait two months
after that for it to go through.
What do I need to do in order to withdraw the petition? Is there
anything that I can do? My ex hasn't decided for sure whether or not
he wants to return to the States, but he'll have his H1, if he does. I
want to move on with my life and maybe later on down the road find
someone who will love me for me. If you can please let me know what I
need to do, that would be great. Thank you!
Jul 14th 2004, 8:17 pm
#2
Guest
Posts: n/a
Re: Withdrawing a family based petition.....
"SuzyChandra" <[email protected]> wrote in message
news:[email protected]...
> Hello! I am now finding myself in a crisis. I married my husband back
> in October of last year and I filed his family based petition in
> February. It has been a very tumultuous and abusive relationship. I
> finally decided that it wasn't worth staying in and I left him. He had
> been working for two months without any kind of work authorization.
> His new boss now wants to sponsor him for an H1B and it is in process
> right now. He can't get it though if my petition is still out there. I
> cannot file for divorce yet because I just moved back to Indiana and I
> have to be a resident of this county for 6 months, meaning I can't
> file for another 4 months!!! Then of course I have to wait two months
> after that for it to go through.
> What do I need to do in order to withdraw the petition? Is there
> anything that I can do?
Immediately, write a letter to USCIS at the same office where you filed the
I-130, and state that you hereby withdraw the I-130. Include a photocopy of
the receipt notice.
Make a photocopy of the package for your files, and send it certified return
receipt requested.
My ex hasn't decided for sure whether or not
> he wants to return to the States, but he'll have his H1, if he does. I
> want to move on with my life and maybe later on down the road find
> someone who will love me for me. If you can please let me know what I
> need to do, that would be great. Thank you!
news:[email protected]...
> Hello! I am now finding myself in a crisis. I married my husband back
> in October of last year and I filed his family based petition in
> February. It has been a very tumultuous and abusive relationship. I
> finally decided that it wasn't worth staying in and I left him. He had
> been working for two months without any kind of work authorization.
> His new boss now wants to sponsor him for an H1B and it is in process
> right now. He can't get it though if my petition is still out there. I
> cannot file for divorce yet because I just moved back to Indiana and I
> have to be a resident of this county for 6 months, meaning I can't
> file for another 4 months!!! Then of course I have to wait two months
> after that for it to go through.
> What do I need to do in order to withdraw the petition? Is there
> anything that I can do?
Immediately, write a letter to USCIS at the same office where you filed the
I-130, and state that you hereby withdraw the I-130. Include a photocopy of
the receipt notice.
Make a photocopy of the package for your files, and send it certified return
receipt requested.
My ex hasn't decided for sure whether or not
> he wants to return to the States, but he'll have his H1, if he does. I
> want to move on with my life and maybe later on down the road find
> someone who will love me for me. If you can please let me know what I
> need to do, that would be great. Thank you!
Jul 15th 2004, 1:57 am
#3
Guest
Posts: n/a
Re: Withdrawing a family based petition.....
Well the only problem with that is he has the receipt notices and he
took them with him to India (where he is headed right now as we
speak). He is not planning on returning until October, if at all. We
originally sent his application to the Detroit Branch office but they
sent it back due to sending too much money. They asked that we resend
it to the Chicago processing center. So do I need to send the letter
to the Detroit office, or send it on to Nebraska Service Center? I
also am trying to find out if I can file for divorce now instead of
waiting another 5 months. We did not qualify for an annullment since
we technically did not commit fraud or not disclose anything from the
other person beforehand. If you could let me know something soon, I'd
greatly appreciate it. Thank you!
"Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
> "SuzyChandra" <[email protected]> wrote in message
> news:[email protected]...
>
> > Hello! I am now finding myself in a crisis. I married my husband back
> > in October of last year and I filed his family based petition in
> > February. It has been a very tumultuous and abusive relationship. I
> > finally decided that it wasn't worth staying in and I left him. He had
> > been working for two months without any kind of work authorization.
> > His new boss now wants to sponsor him for an H1B and it is in process
> > right now. He can't get it though if my petition is still out there. I
> > cannot file for divorce yet because I just moved back to Indiana and I
> > have to be a resident of this county for 6 months, meaning I can't
> > file for another 4 months!!! Then of course I have to wait two months
> > after that for it to go through.
> >
> > What do I need to do in order to withdraw the petition? Is there
> > anything that I can do?
>
> Immediately, write a letter to USCIS at the same office where you filed the
> I-130, and state that you hereby withdraw the I-130. Include a photocopy of
> the receipt notice.
>
> Make a photocopy of the package for your files, and send it certified return
> receipt requested.
>
> My ex hasn't decided for sure whether or not
> > he wants to return to the States, but he'll have his H1, if he does. I
> > want to move on with my life and maybe later on down the road find
> > someone who will love me for me. If you can please let me know what I
> > need to do, that would be great. Thank you!
took them with him to India (where he is headed right now as we
speak). He is not planning on returning until October, if at all. We
originally sent his application to the Detroit Branch office but they
sent it back due to sending too much money. They asked that we resend
it to the Chicago processing center. So do I need to send the letter
to the Detroit office, or send it on to Nebraska Service Center? I
also am trying to find out if I can file for divorce now instead of
waiting another 5 months. We did not qualify for an annullment since
we technically did not commit fraud or not disclose anything from the
other person beforehand. If you could let me know something soon, I'd
greatly appreciate it. Thank you!
"Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
> "SuzyChandra" <[email protected]> wrote in message
> news:[email protected]...
>
> > Hello! I am now finding myself in a crisis. I married my husband back
> > in October of last year and I filed his family based petition in
> > February. It has been a very tumultuous and abusive relationship. I
> > finally decided that it wasn't worth staying in and I left him. He had
> > been working for two months without any kind of work authorization.
> > His new boss now wants to sponsor him for an H1B and it is in process
> > right now. He can't get it though if my petition is still out there. I
> > cannot file for divorce yet because I just moved back to Indiana and I
> > have to be a resident of this county for 6 months, meaning I can't
> > file for another 4 months!!! Then of course I have to wait two months
> > after that for it to go through.
> >
> > What do I need to do in order to withdraw the petition? Is there
> > anything that I can do?
>
> Immediately, write a letter to USCIS at the same office where you filed the
> I-130, and state that you hereby withdraw the I-130. Include a photocopy of
> the receipt notice.
>
> Make a photocopy of the package for your files, and send it certified return
> receipt requested.
>
> My ex hasn't decided for sure whether or not
> > he wants to return to the States, but he'll have his H1, if he does. I
> > want to move on with my life and maybe later on down the road find
> > someone who will love me for me. If you can please let me know what I
> > need to do, that would be great. Thank you!
Jul 15th 2004, 5:12 pm
#4
Guest
Posts: n/a
Re: Withdrawing a family based petition.....
"SuzyChandra" <[email protected]> wrote in message
news:[email protected]...
> Well the only problem with that is he has the receipt notices and he
> took them with him to India (where he is headed right now as we
> speak). He is not planning on returning until October, if at all. We
> originally sent his application to the Detroit Branch office but they
> sent it back due to sending too much money. They asked that we resend
> it to the Chicago processing center.
This I don't understand. I-130s filed by themselves are supposed to be
filed at a Service Center.
You didn't happen to file the I-130 together with an I-485, did you?
So do I need to send the letter
> to the Detroit office, or send it on to Nebraska Service Center?
Write one withdrawal letter with identifying information for your spouse:
name, date of birth, place of birth, country of citizenship, etc., and send
a copy to each USCIS office where the file could possibly be held. Send all
packages with proof of receipt.
Also, you could try to find out the receipt number of the Service Center by
calling USCIS and asking that the person look up the file in the database
under your spouse's name. If you get the receipt number, put it in your
withdrawal letter.
Also, if you paid the fees by personal check, you can look on the back of
the canceled check, and the receipt number should be there.
I
> also am trying to find out if I can file for divorce now instead of
> waiting another 5 months.
Don't wait for a divorce before you withdraw the petition. You are not
obligated to carry through with an I-130 just because you are married.
We did not qualify for an annullment since
> we technically did not commit fraud or not disclose anything from the
> other person beforehand. If you could let me know something soon, I'd
> greatly appreciate it. Thank you!
> "Sylvia Ottemoeller" <[email protected]> wrote in message
news:<[email protected]>...
> > "SuzyChandra" <[email protected]> wrote in message
> > news:[email protected]...
> >
> > > Hello! I am now finding myself in a crisis. I married my husband back
> > > in October of last year and I filed his family based petition in
> > > February. It has been a very tumultuous and abusive relationship. I
> > > finally decided that it wasn't worth staying in and I left him. He had
> > > been working for two months without any kind of work authorization.
> > > His new boss now wants to sponsor him for an H1B and it is in process
> > > right now. He can't get it though if my petition is still out there. I
> > > cannot file for divorce yet because I just moved back to Indiana and I
> > > have to be a resident of this county for 6 months, meaning I can't
> > > file for another 4 months!!! Then of course I have to wait two months
> > > after that for it to go through.
> > >
> > > What do I need to do in order to withdraw the petition? Is there
> > > anything that I can do?
> >
> > Immediately, write a letter to USCIS at the same office where you filed
the
> > I-130, and state that you hereby withdraw the I-130. Include a
photocopy of
> > the receipt notice.
> >
> > Make a photocopy of the package for your files, and send it certified
return
> > receipt requested.
news:[email protected]...
> Well the only problem with that is he has the receipt notices and he
> took them with him to India (where he is headed right now as we
> speak). He is not planning on returning until October, if at all. We
> originally sent his application to the Detroit Branch office but they
> sent it back due to sending too much money. They asked that we resend
> it to the Chicago processing center.
This I don't understand. I-130s filed by themselves are supposed to be
filed at a Service Center.
You didn't happen to file the I-130 together with an I-485, did you?
So do I need to send the letter
> to the Detroit office, or send it on to Nebraska Service Center?
Write one withdrawal letter with identifying information for your spouse:
name, date of birth, place of birth, country of citizenship, etc., and send
a copy to each USCIS office where the file could possibly be held. Send all
packages with proof of receipt.
Also, you could try to find out the receipt number of the Service Center by
calling USCIS and asking that the person look up the file in the database
under your spouse's name. If you get the receipt number, put it in your
withdrawal letter.
Also, if you paid the fees by personal check, you can look on the back of
the canceled check, and the receipt number should be there.
I
> also am trying to find out if I can file for divorce now instead of
> waiting another 5 months.
Don't wait for a divorce before you withdraw the petition. You are not
obligated to carry through with an I-130 just because you are married.
We did not qualify for an annullment since
> we technically did not commit fraud or not disclose anything from the
> other person beforehand. If you could let me know something soon, I'd
> greatly appreciate it. Thank you!
> "Sylvia Ottemoeller" <[email protected]> wrote in message
news:<[email protected]>...
> > "SuzyChandra" <[email protected]> wrote in message
> > news:[email protected]...
> >
> > > Hello! I am now finding myself in a crisis. I married my husband back
> > > in October of last year and I filed his family based petition in
> > > February. It has been a very tumultuous and abusive relationship. I
> > > finally decided that it wasn't worth staying in and I left him. He had
> > > been working for two months without any kind of work authorization.
> > > His new boss now wants to sponsor him for an H1B and it is in process
> > > right now. He can't get it though if my petition is still out there. I
> > > cannot file for divorce yet because I just moved back to Indiana and I
> > > have to be a resident of this county for 6 months, meaning I can't
> > > file for another 4 months!!! Then of course I have to wait two months
> > > after that for it to go through.
> > >
> > > What do I need to do in order to withdraw the petition? Is there
> > > anything that I can do?
> >
> > Immediately, write a letter to USCIS at the same office where you filed
the
> > I-130, and state that you hereby withdraw the I-130. Include a
photocopy of
> > the receipt notice.
> >
> > Make a photocopy of the package for your files, and send it certified
return
> > receipt requested.
Jul 16th 2004, 12:14 am
#5
Guest
Posts: n/a
Re: Withdrawing a family based petition.....
[email protected] (SuzyChandra) wrote in message news:<[email protected] om>...
> Well the only problem with that is he has the receipt notices and he
> took them with him to India (where he is headed right now as we
> speak). He is not planning on returning until October, if at all. We
> originally sent his application to the Detroit Branch office but they
> sent it back due to sending too much money. They asked that we resend
> it to the Chicago processing center. So do I need to send the letter
> to the Detroit office, or send it on to Nebraska Service Center? I
> also am trying to find out if I can file for divorce now instead of
> waiting another 5 months. We did not qualify for an annullment since
> we technically did not commit fraud or not disclose anything from the
> other person beforehand. If you could let me know something soon, I'd
> greatly appreciate it. Thank you!
>
AT http://uscis.gov/graphics/howdoi/dupapp.htm, I read
Why Would You Need a Duplicate Approval Notice?
You may wish to ask for a duplicate notice of approval if you have
found out that your application or petition has been approved and:
You need a new copy to replace a lost copy, or
You never received the original notice of approval.
For example, if your petition to bring a relative to live in the
United States was approved (Form I-130), but you lost the original
notice, you may ask for a duplicate notice of approval. You should
plan to make a copy of the approval notice for your own records,
especially if the visa may not be issued for a long time. (Please see
How Do I Get an Immigrant Visa Number? for more information on waiting
times for immigrant visas.)
If USCIS records show that a notice of approval was sent to your
address, you must file a Form I-824 (Application for Action on an
Approved Application or Petition) with the appropriate fee to get a
duplicate approval notice.
You must file Form I-824 while the original application or petition is
still in effect in order to receive a duplicate approval notice.
Where is the Law?
There is no law that covers this action. However, rules governing Form
I-824, Application for Action on an Approved Application or Petition,
are published in Title 8 of the Code of Federal Regulations under 8
CFR § 103.5b.
>
>
>
> Well the only problem with that is he has the receipt notices and he
> took them with him to India (where he is headed right now as we
> speak). He is not planning on returning until October, if at all. We
> originally sent his application to the Detroit Branch office but they
> sent it back due to sending too much money. They asked that we resend
> it to the Chicago processing center. So do I need to send the letter
> to the Detroit office, or send it on to Nebraska Service Center? I
> also am trying to find out if I can file for divorce now instead of
> waiting another 5 months. We did not qualify for an annullment since
> we technically did not commit fraud or not disclose anything from the
> other person beforehand. If you could let me know something soon, I'd
> greatly appreciate it. Thank you!
>
AT http://uscis.gov/graphics/howdoi/dupapp.htm, I read
Why Would You Need a Duplicate Approval Notice?
You may wish to ask for a duplicate notice of approval if you have
found out that your application or petition has been approved and:
You need a new copy to replace a lost copy, or
You never received the original notice of approval.
For example, if your petition to bring a relative to live in the
United States was approved (Form I-130), but you lost the original
notice, you may ask for a duplicate notice of approval. You should
plan to make a copy of the approval notice for your own records,
especially if the visa may not be issued for a long time. (Please see
How Do I Get an Immigrant Visa Number? for more information on waiting
times for immigrant visas.)
If USCIS records show that a notice of approval was sent to your
address, you must file a Form I-824 (Application for Action on an
Approved Application or Petition) with the appropriate fee to get a
duplicate approval notice.
You must file Form I-824 while the original application or petition is
still in effect in order to receive a duplicate approval notice.
Where is the Law?
There is no law that covers this action. However, rules governing Form
I-824, Application for Action on an Approved Application or Petition,
are published in Title 8 of the Code of Federal Regulations under 8
CFR § 103.5b.
>
>
>
