You would just contact the Court in writing directly and ask that the matter be dismissed. The following forms are available for downloading, printing and completing.Yes, if he withdraws his petition stating that it is not a bona fide marriage, then you will not be eligible for a green card. A simple letter stating you the petitioner wish to withdraw the petition. Send in the completed application, W-9, birth certificate along with marriage license if you are now married, and a notarized photocopy of the applicant's state. The County Civil Courts Department serves as the clerks for the four statutory County Civil Courts at Law in Harris County. The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years. I am a practicing family law attorney in texas. You can't withdraw a waiver but you can still subsequently file a answer. Make sure you find out excatly why he needs the waiver first (you need to check it off on application and need to know so you can address it).