Q: Normally, what is the latest in the immigration process that an affidavit of support and an IV petition may be withdrawn
I am seeking to file for divorce, but have already filed an i-130, chosen an agent and payed the AOS fees. I will be submitting other forms soon and paying the IV fees very soon, maybe the next week. Then I will have to file i-864 AOS for myself an our joint sponsor (who is reluctantly participating only to keep my wife satisfied enough to not extradite the children) and submit the supporting documents. In order to gain custody of my children I must overtly comply with the immigration process so that my wife does not have my children extradited. If she knows I want to cancel the IV she will seek extradition of children. In MD shildren must reside in state for 6 months before petitioning for a writ of "ne exiat" (injunction). I would like to withdraw my petition and my joint sponsor's AOS as close to March 27 as possible but not risk withdrawing after the interview as the affidavit becomes more binding when she is issued the visa. She is on the IR-1 schedule. Again, I do not want her to
A: The I-130 petition cannot be "withdrawn" if it is approved. As for the I-864, it cannot be "withdrawn" and exists forever but for a limited number of cases (divorce does not terminate the same).
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