You are here:

Immigration Issues/I-485 withdrew during 2nd interview


i married a usc in august 2005, we were a happy couple for more than a year when money issues and family related issues started to break our relationship. 2 months before our 2nd INS interview we separated, i moved with my 7 yo daughter away from him, he tried hard to us to come back but he has another relationship and i could not accept that, he promised me he will go the the interview, the day we went to the second interview he asked to talk to the ins officer and without my knowledge he signed a formal request for his petition to be withdrawn, yesterday i received by mail the ins notification giving me 30 days to leave the country, i have been living in usa for more than 4 years, today he said to me he was sorry bla bla bs bs, he said to me to resubmit the papers again, can we do that ?? in august this year is our second anniversary, our marriage was in total good faith and i thought he was a good father figure for my special daughter (she is autistic and mentally challenged girl. please enlight me , many thanks

Unfortunately, your husband is the petitioner you are the beneficiary.  Your presence in the US is based on that petition.  Now that he has withdrawn it, which he has the right to do, your do not have a legal basis to remain in the US nor does your daughter.  If you remain beyond the time granted by CIS, the ramifications can haunt you for years.  Remaining beyond will result in future denials of non-immigrant visas (visitor, student, etc) in addition, if you were to marry another USC, you could possibly be denied residency.  I suggest you return home and avoid the potential heartache.

Immigration Issues

All Answers

Answers by Expert:

Ask Experts




Immigration Law enforcement Border Patrol


30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

©2017 All rights reserved.

[an error occurred while processing this directive]