How to Withdraw AOS - adjusted from K1

[Metaler]

Hi my wife POEd on May 9 and we got married on May 27. I filed for AOS on her behalf and filed it on June 22. We had BIO metrics on July 18 and everything is still in pending phase. Not going into heavy details she did not like America and has gone home. She left the USA via LAX yesterday and as a matter of fact should land in her home country in about an hour.

My question is: How do i revoke, withdraw the adjustment of status? I know that her leaving the country is one of the actions that if occurs, nullifies/cancels the AOS however, how does one go about actually formally canceling it in the system?

* NO EAD has been received yet.

I appreciate all your help

Thanks

[newacct]

Her leaving the US without Advance Parole automatically abandons her AOS.

You cannot withdraw her AOS because it is filed by her and not you. But you can withdraw your Affidavit of Support because that is filed by you, and it will result in her AOS being denied (if it hadn't already been denied for the departure).

[rayb]

Withdrawing the I-864 is meaningless, since it has died by her leaving the U.S. and abandoning her Adjustment procedure.

--Ray B

Her leaving the US without Advance Parole automatically abandons her AOS.

You cannot withdraw her AOS because it is filed by her and not you. But you can withdraw your Affidavit of Support because that is filed by you, and it will result in her AOS being denied (if it hadn't already been denied for the departure).

[PKumar01]

Hi my wife POEd on May 9 and we got married on May 27. I filed for AOS on her behalf and filed it on June 22. We had BIO metrics on July 18 and everything is still in pending phase. Not going into heavy details she did not like America and has gone home. She left the USA via LAX yesterday and as a matter of fact should land in her home country in about an hour.

My question is: How do i revoke, withdraw the adjustment of status? I know that her leaving the country is one of the actions that if occurs, nullifies/cancels the AOS however, how does one go about actually formally canceling it in the system?

* NO EAD has been received yet.

I appreciate all your help

Thanks

That's devastating. As soon as she left the country without AP, she forfeited her petition to Adjustment of Status.

On another note. You do realize, you two got married. She's your wife now... it's would've been one thing if she left without marrying you. Things in the future will be very complicated to say the least...

[Metaler]

Update from OP

Since nothing was approved, I was able to write a letter to the address on my I797cs requesting that all pending cases be canceled. I received notice this morning that the AOS, EAD and AP were denied this morning. It is possible to cancel the AOS and all other pending cases as long as "nothing has been approved". So complete revocation was within my right. Had the AOS been approved then my options would have been far more complicated or non existent.

I will be filing for CR1 shortly once I have the denial notices in my possession as I will be submitting these along with my CR1 package.

Thanks everyone!