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Can I cancel my I-485?

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  • Can I cancel my I-485?

    Please help me find a solution to my case:
    I am working here on H1B since 2003.
    Got married in 2006, big mistake, didn't work... I lost my H1B by getting married, had to apply for every possible imaginable form for AOS, etc...
    Ok, today I am under a name check process with FBI and I am getting a divorce.
    Now, I want to get my H1B back and get my life back! How do I do that? How do I cancel my I-485 application? I don't want to have anything to do with this marriage anymore!!!!
    Please help!

  • #2
    You can withdraw your I-485, by requesting it in formal (letter) to your local district office. Also providing evidence of the divorce.

    That, however, will not give you your H1B status back if you lost it. You will find yourself out of status and must return to your home country unless you can find an H1B sponsor or another USC husband.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Thanks!

      Thanks for replying, I really appreciate it!
      My employer will re-file all the paperwork in order for me to get my H1B back, the problem is that my husband won't give me the divorce. Apparently in our state it would take a year to get a non consensual divorce finalized.
      So, am I pretty much trapped until I get the divorce?
      Any suggestions on what to do?
      Thanks again!

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      • #4
        You can still withdraw the I-485. Write a letter requesting it, add copy of the I-485 receipt, make an infopass to your local office and speak with the immigration officer.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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