to to
Aug 30, 2023
withdraw petition
I’m currently on f1 stem opt which expires in 2024.
I have an approved I-140 Eb2 NIW which was approved April 2023.
my spouse also file a concurrent i130 and i485. we got an interview scheduled for next month. but my spouse wants to withdraw her i130 and also file a divorce.
my questions are;
1. do I have to also withdraw the i485
2. will withdrawing the cases affect my current f1 status
3. will this affect my future adjustment of status based on an approved I-140 eb2 NIW
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ChristinMe 003Aug 30, 2023
1) Yes, since the underlying petition was withdrawn, you should withdraw the i485 so that they don't deny you themselves.
2)As long as you haven't used EAD or AP based on the Fam based, your F1 status is intact.
3) As for your spouse withdrawal, it may come up during your EB interview (if any). However, I don't think it will be a problem since they may think the petition was withdrawn because you already have an approved EB petition.
So sorry to hear this. Personally, if I were you, I will rather self petition and get GC, than let US citizen or LPR you marry do it for u. Some of the people out there are mean and will hold you hostage because they petition for you. All the best
to toAug 30, 2023
@ChristinMe 003 thank you so much!!, I appreciate your kind words
K I-485Aug 30, 2023
I’d advise you to withdraw the application, since you could be denied. The good thing is you have an approved I-140, you should be able to apply for your I-485 once the backlogs stops, which could be later this year or early next year. I wish you all the best.
olu mikkAug 31, 2023
@to to you have nothing to worry about, just withdraw the I485 from your wife petition and congratulations for your I140 approval, you’re still on stem opt till 2024 just keep using your stem to work till the priority date turn current and and apply for your adjustment at that point
to toAug 31, 2023
thank you all for the advise
Lidy Evora BarrosSep 12, 2023
you are a blessing , with few options...you will be fine and congrats....God is working on your favourite 🙏❤️
