Sticky situation.......

[gunar]

Hi all,
I have a rather odd situation at hand. I am a naturalized US citizen. My brother came to visit me a few years ago and met this young lady, fell in love and got married. (He did not listen to his older brother) She has petitioned the INS for a change of status and they went through the interview process however no desicion was made in their case and they are asked to return for another interview. Unfortunately the marriage appears to have fallen apart. There is no need to point fingers but let's just say it was not my brother's fault. I know that has no impact on the outcome but I just thought I'd clear that up.
My question is this; is it possible for him or her to withdraw the current application with the INS and for me to pettition for him while he remains and works in the US? or does he have to leave the country and wait for a turn?
Any suggestions will be deeply appreciated.

[curiousone]

Hi all,
I have a rather odd situation at hand. I am a naturalized US citizen. My brother came to visit me a few years ago and met this young lady, fell in love and got married. (He did not listen to his older brother) She has petitioned the INS for a change of status and they went through the interview process however no desicion was made in their case and they are asked to return for another interview. Unfortunately the marriage appears to have fallen apart. There is no need to point fingers but let's just say it was not my brother's fault. I know that has no impact on the outcome but I just thought I'd clear that up.
My question is this; is it possible for him or her to withdraw the current application with the INS and for me to pettition for him while he remains and works in the US? or does he have to leave the country and wait for a turn?
Any suggestions will be deeply appreciated.

He probably should use an attorney. Even though the marriage has fallen apart, he could still get the GC , if they havent divorced a syet and the intent was clear. It will be tough but not impossible.
If he choses not to go that route, yes he can wihdraw his application for adjustemnt of status. In fact, it might b ein his interets to do so, sinc ehe has been called for a second interview ( ususlly not done unless there is some suspicion of fraud). If you petition for hm, he will not be able to remain and work but will have to leave and await his turn.

[gunar]

thanks for taking the time to reply. I have a follow up question though.
If he chose to withdraw and proceeded with leaving the country, how long would you guess would the wait be for a visa?