How do I remove my support for my wife's immigration status? 11 Answers as of January 26, 2012
My wife was here for 5 months and became pregnant by another man. I found out by mistake after things went wrong, and she needed surgery. She has admitted to me this happened as I am fixed for 4 years. How do I remove myself as supporting her immigration status? I want a divorce, as I feel she used me to get residency? We have not had the interview at this time, it is in a couple of weeks.Free Case Evaluation by a Local Lawyer!
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Langstadt Pauly Chartered | Clemens W. Pauly
If you do not show up for the interview, her case cannot get approved. However, you should still write to USCIS to formally withdraw your I-130 petition and the I-864 affidavit.
Answer Applies to: Florida
Replied: 1/26/2012
Wildes & Weinberg, P.C. | Leon Wildes
Withdraw your petition for her and do not attend the interview and she will not become a legal resident. If you attend the interview tell the government what she has done.
Answer Applies to: New York
Replied: 1/24/2012
Kanu & Associates, P. C. | Solomon O. Kanu
Just write a letter to USCIS withdrawing your I 130 petition.
Answer Applies to: Arizona
Replied: 1/20/2012
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you have not yet had your interview, then she does not yet have permanent residence. You can simply go to the interview and explain the situation and state that you are no longer in support of this petition as there is no longer a viable marriage and she should not get the permanent residence. However, if she can prove any type of domestic abuse/violence, if there was any, she could still possibly obtain residency as a battered spouse.
Answer Applies to: California
Replied: 1/19/2012
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
You indicate that the interview has not happened? Which interview? If you petitioned her and she has not had the interview, you can still withdraw the family petition.
Answer Applies to: California
Replied: 1/19/2012
Law Offices of Grinberg and Segal | Alexander Segal
You can write to USCIS and withdrawal your petition on your wife's behalf. The request must be in writing and it is best to have the statement notarized. It is your decision whether to provide an explanation as to why you wish to withdraw the petition, but it is not required. The request to withdrawal should be sent to the office where you filed the petition and the office where the interview is scheduled. You can also request the petition be withdrawn at the interview, if you so choose.
Answer Applies to: New York
Replied: 1/19/2012
Feldman Feldman & Associates, PC | Lynne Feldman
You can file a withdrawal of your I-130 petition by sending a signed letter to the address on the I-13o receipt with a copy of the receipt and then speak with a family law attorney about a divorce. In the withdrawal letter you do not need to indicate a reason.
Answer Applies to: California
Replied: 1/19/2012
Fong & Associates | William D. Fong
Send in a request for withdrawal, making your own statement. You should then not attend the interview.
Answer Applies to: Texas
Replied: 1/19/2012
Law Office of Immigration & International Trade Law | Linda Liang
Unfortunately, you can't. You can withdraw I-130.
Answer Applies to: Florida
Replied: 1/19/2012
Serbinin Law Firm LLC | Igor Serbinin
Petitioner can always withdraw his immediate relative petition by sending written request to USCIS. After that your wife will be placed in removal proceedings with immigration court.
Answer Applies to: Colorado
Replied: 1/19/2012
Baughman & Wang | Justin X. Wang
if she has not received conditional green card, you can withdraw your I-130 petition so she will not receive green card and therefore, you are not on the hook to support her at all. If she has obtained conditional green card based on your petition and your sole affidavit support, then you are on the hook to support her even if you divorce her. Your obligation will only cease if she is dead; becomes US citizen; loses her immigrant status; has 40 or more social security points; read just her status to permanent resident on other basis or permanently leaves the US.
Answer Applies to: California
Replied: 1/19/2012
