Voluntary withdrawalHey guys i need some advise on my situation, I was married to a USC and filed for a green card based on marriage, during the interview, i found out she lied about being married to the Texas health department, so she could get food stamps. The interviewer said we need to go clarify all that first or it could make our interview very difficult. We had a big fight because i found out about some other fraud she was involved with. I decided i wanted to return to Europe and she agreed to withdraw my petition. The interviewer wanted us to fax her a withdrawal letter if we decided to go that route. The letter was faxed back in Jan and i have not heard back from them. What happens if i just leave the country?
If you just leave the US without properly finalizing this, they might think you are still in the US, and that youve become illegally present (unless you have another valid status like H1B or L1) because of the cases withdrawal. That could lead them to initiate a deportation order, and the open deportation order could cause trouble when you apply for a visa or attempt to visit the US.
There are two main parts to the case -- the I-130, which was filed by her and she has the power to control its withdrawal, not you; and the I-485, which you control. I would suggest that after you leave the US, you contact the consulate in your country to let them know that you had a pending I-485 and have decided to leave the US and withdraw it. Ask them what you should do to properly document your presence outside the US to them (this may involve a visit to the consulate) and properly register your I-485 withdrawal (this might involve sending a copy of your I-485 receipt notice along with a letter, so make sure to keep the notice or a copy of it). Those actions will prevent or cancel any possible deportation orders against you.
If you still have your I-94, remember to give it to the airline agent when boarding the flight that leaves the US, as that will make it easier for the US govt. to be aware of your departure.
And dont take too long to leave the US, because if they have processed the withdrawal request that was faxed in January, any day now some ICE agents could show up to arrest you for deportation.
I presume you have filed for divorce or will be doing that soon.
Thank you so much for your reply, I plan on leaving in May, i have 180 days from the day my petitioner sent the withdrawal letter to leave the country right? Is there anything else i can do while i am in the country regarding the I-485 and I-130?