I filed an I-829 Petition in 2018. It is still pending as of 2021. My (ex) husband is listed on my petition. He was required to attend a biometrics appointment, however he refused due to our divorce at the time. His notices lapsed in 2019 and requires a resubmission to be noticed again. He is not interested in assisting with my petition at all. How can I withdraw my I-829 and resubmit it without him listed as my spouse?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou should not need to withdraw his name. Just proceed in your own name and let him worry about himself.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyWithdrawing it is not smart because then you have no legal status. You can write to immigration and advise them if you are now divorced, but divorce does not remove his right to the green card.
F Oliver Yang
Find an EB-5 Visa Lawyer: Immigration AttorneyYou cannot withdraw at this stage. You may want to do an interfiling or simply wait for his denial since it won''t affect your I-829 success.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you are the principal applicant for the EB-5 case, DO NOT WITHDRAW the case. Just write to USCIS and tell them to take your husband''s name off the petition. If he doesn''t show up for fingerprints, interviews, etc., they will not approve his green card and you and any children will get them.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyI would not withdraw anything; perhaps interfile. But, really, get an attorney asap.
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