Confusing scenario - please help

[andyjk]

Okay to make a long story very short, I am an Australian here currently on an E3 visa sponsored by my company. My wife and I got married in June of 2015. In november 2015 we placed our I-485/I-130/765, 131 and 864 applications.

In January 2016 I recieved a letter than I had not provided sufficient information in the Affidavit of Support. You see my wife doesn't make the amount need to qualify for 125% of poverty, though, I do.

We are flying home to Australia on March 31st for a 2 week trip. My application hasnt gone beyond the request of further information.

We are looking to abort the application as we will move down to Australia in August.

My questions are as follows:
is my E3 visa even valid to make my 2 week trip?
Can I continue the application despite my wife not making 125% of the poverty income even though as a household, we do?
Will my application cancel automatically if I don't respond within the days given to me to respond?

many thanks. At this point we have surrended the chance to get our money back. I just want to know our 2 week trip won't be complicated by this process and that my E3 is still valid. its due to expire in January 2017

[andyjk]

Any clues? I feel it would be best if I sent a letter saying I am revoking my application, to avoid any discrepancies when I leave for 2 weeks.

[William_21]

Any clues? I feel it would be best if I sent a letter saying I am revoking my application, to avoid any discrepancies when I leave for 2 weeks.

If you do not reply to the request for evidence within the time indicated (something like 84 days), it will be considered abandoned.

You can find a joint sponsor, or use assets to meet the affidavit of support requirements.

If you intend to go back to the U.S. after a two-week trip to Australia when your green card application is in a not so good place, I think you are taking quite a risk. I do not know the E2 visa, and whether it allows you to have dual intent (i.e. want to stay temporarily or permanently in the US).

They might believe that you are going to overstay after your application for a green card is denied.

Explaining that you have an ongoing green card application, but you actually are going to move to Australia is going to be very hard to explain in my humble opinion.

Options:
- Not go to Australia for 2 weeks
- Answer the RFE before you leave for Australia and keep the story simple vis a vis US immigration agencies

I don't know about formally withdrawing your application, and even the time it would take to be processed.

Might be worth a lawyer's consultation?