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USC spouse withdrew my I-485.

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  • USC spouse withdrew my I-485.

    Hi everyone,
    I’ve been a silent reader for months but I need some advice right now.

    My husband and I showed up for my green card interview back in February (2021) but was told no interview as he withdrew my petition in October 2020. They said they were back logged and that’s why we didn’t receive a response to his request before the interview day.

    He has been abusing me physically, mentally and emotionally and because I called the cops on him (didn’t get him arrested for abuse), he wrote a letter to immigration to cancel my AOS.

    From October to the day of the interview, we moved past the bad times and I thought we were doing better until I found out about his evil act.

    Within 3 days from the “ interview date”, I was sent a letter to leave the country within 33 days, etc but husband decided to reapply. Said he acted impulsively and did me dirty and he was sorry. We replied but now I’m scared of what the future interview may be like. And we don’t have an attorney.

  • #2
    He cannot withdraw your I-485. He could withdraw the I-130 petition or the I-864 affidavit of support.

    If he is abusive, you should consider self-petitioning as a battered spouse under VAWA.

    It sounds like he withdrew the petition in retaliation, and even if he is willing to re-file it now, there will always be the implicit threat that if you don't do as he wishes prior to getting your green card, he can withdraw it again. Do you really want to continue to be beholden to an abusive spouse?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Yes, you’re right. He withdrew the I-130. And he is still acting out and threatened that he will do it again. I’m about to start VAWA.

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