1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Can N400 be withdrawn after interview and what are the ramifications?

Discussion in 'Family based immigration' started by jus, Sep 29, 2010.

  1. jus

    jus Junior Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    I applied for N400 on the grounds of 3 year marriage, the interview was conducted and I was given an RFE to prove marital union. We have a bona fide marriage and had to prove that already to gain LPR, which was granted for 10 years. Without going into the drama, here are the facts. Due to marital issues, I cannot provide all the evidence/documentation requested and since the interview, my spouse has requested a formal separation. I am considering withdrawing my N400 application and reapplying after the 5 year criteria, but have questions:

    1. Can I withdraw my application at this stage, after interview and RFE, and if so, do I need to provide a reason?
    2. If I withdraw my application at this stage, is there a requirement as to when i can reapply, either under the grounds of marriage or the 5 years?
    3. Are there any potential negative issues with withdrawing at this stage on future reapplication, with or without a divorce?
    4. Does withdrawing my N400 at this stage affect my LPR?

    Thanks for your time.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: Can N400 be withdrawn after interview and what are the ramifications?

    Just tell them that you and your wife are separating and that you will reapply under the five year statute. This won't be a problem.
     
  3. jus

    jus Junior Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    Re: Can N400 be withdrawn after interview and what are the ramifications?

    Thank you very much. Is there any problems with me reapplying in 2 years for the 5 year criteria? Or do I have to wait a minimum time frame to reapply now?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: Can N400 be withdrawn after interview and what are the ramifications?

    No, you may reapply as soon as you qualify under the five year statute, presumably in two more years.
     
  5. gordothree

    gordothree Junior Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    Re: Can N400 be withdrawn after interview and what are the ramifications?

    Hi Ron, I'm exactly in the same position as Jus...
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: Can N400 be withdrawn after interview and what are the ramifications?

    If you are separated, then just tell them that the marriage is no longer viable and ask to withdraw your application.
     
  7. gordothree

    gordothree Junior Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    Re: Can N400 be withdrawn after interview and what are the ramifications?

    Thanks, Ron!
     
  8. hh ng

    hh ng New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Hi Jus. I have the same situation with you. Were you successful to withdraw your case? I am going to withdraw my N-400 application but I don't know what happen if they don't consent it.
     
  9. hh ng

    hh ng New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron. I have the 1st interview for N-400 3 weeks ago. But the decision has not made yet. And two weeks ago they sent me a letter to let me and my spouse go to interview again. The question is can I withdraw my case in this stage?
     

Share This Page