No need for the petition to be withdrawn and it's not his petition. It's her petition for him. No one can force him to take advantage of it though. He ignores it and it will go away. Or he can divorce her and the petition would be even more meaningless.
My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action.
He cannot withdraw the petition she filed, however, he does not have to emigrate based on the petition if he does not want to.
I agree with my colleagues. He can without his application for adjustment of status though.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.