I am a US Citizen, my husband is a British citizen. Married and living in the UK for first few years of marriage. I am currently in the US working while we process his I-30 app, which was started in Nov 2011. Processing times have increased and family circumstances dictate that we may need to settle back in the UK for for a few more years before returning to the US. If we submitt a letter stating circumstances and asking to withdraw the I-30 app, will this hurt us in a few years when we start the process again? We've done everything by the book and I'm worried that withdrawing app may give us problems in the furture and I really want to come back to the US (with my husband) at some point! Any help would be GREATLY appreciated.
I believe you are refering to the I-130, Petition for Alien Relative. Petitions can always be withdrawn. Sometimes there are "consequences", so to speak, sometimes not. You should speak with an immigraiton attorney to determine the best course of action based upon the entirety of your circumstances. It may be that it is possible to continue the process, even if you may move back to the U.K. temporarily
It is understandable that you want to avoid the USCIS (or State Department) having any doubts about your case (current or future) based upon the withdrawal of the petition. While a clear, well written explanation of why you wish to withdraw the petition should help to dispel any future questions regarding the validity of your marriage, there is no way to guarantee what the USCIS or State Department may think later on when processing a future case. If you are able to show that yours is a valid marriage, and that you and your husband intended on establishing a life together when you got married, in the end you should not be effected by having withdrawn a previous petition.
That alone should not be a cause for difficulties in the future.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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