I-130 Petition Withdrawal

[immigrationvisa 0]

Hello all,

I wanted to see if I could get some information on how to withdraw the i-130 petition that I filed for my husband.

I married him in good faith, and believed that he loved me for who I was, and not just because I was an American citizen.

We dated for 4 years, and I knew about his immigration troubles, and I realized that I loved him and when he asked me to marry him, I did, thinking that we were in love and it was the right thing to do.

We've been married for two years and, we have been separated for 5 months now. We went to the interview together, and a couple months before I moved out, a letter came saying that the petition that i filed for him was approved, but another letter came saying that his visa was going to be denied of some immigration issues his father had about 20 years ago. In any case, we got a lawyer to help him sign a waiver and take care of that so that he could get his green card. However, now that we are separated, and will be filing for divorce soon, I wanted to know how I could go about withdrawing my petition, so that if he does get his green card, it won't have anything to do with me. I feel as though I have been used only, and solely, because he wanted to stay in this country. I feel cheated and lied to, so I want to do everything I can, so that I can withdraw my petition.

Any help would be greatly appreciated.

Thanks

Amy

[BigSigh 12]

Sorry to hear that. Did you file a I-864? If the visa isn't in his hand/been issued yet, you can scroll down to the bottom of this page and contact ICE. If he already has the visa and you filed the I-864, then you can't undo that. I wish you the best of luck.

[pushbrk 12,898]

Hello all,

I wanted to see if I could get some information on how to withdraw the i-130 petition that I filed for my husband.

I married him in good faith, and believed that he loved me for who I was, and not just because I was an American citizen.

We dated for 4 years, and I knew about his immigration troubles, and I realized that I loved him and when he asked me to marry him, I did, thinking that we were in love and it was the right thing to do.

We've been married for two years and, we have been separated for 5 months now. We went to the interview together, and a couple months before I moved out, a letter came saying that the petition that i filed for him was approved, but another letter came saying that his visa was going to be denied of some immigration issues his father had about 20 years ago. In any case, we got a lawyer to help him sign a waiver and take care of that so that he could get his green card. However, now that we are separated, and will be filing for divorce soon, I wanted to know how I could go about withdrawing my petition, so that if he does get his green card, it won't have anything to do with me. I feel as though I have been used only, and solely, because he wanted to stay in this country. I feel cheated and lied to, so I want to do everything I can, so that I can withdraw my petition.

Any help would be greatly appreciated.

Thanks

Amy

Does he have his green card now or not? If he does, was it good for two years or ten years. If he has his green card, you cannot withdraw anything at this time. If he has a two-year green card, he can file to remove conditions on his own as soon as the divorce is final. If it's a ten year card, his immigration journey is over. He's a full Legal Permanent Resident of the USA unless you have evidence he married you fraudulently.

[immigrationvisa 0]

Thanks for the responses.

He doesn't have a green card right now. The petition that I filed for him was approved, but a letter came in the mail stating that he was denied a green card, because it had something to do with his father being here illegally years ago.

Either way, the green card has not been issued right now, however, he was meeting with a lawyer to sign a waiver, after he received his denial. But since we are separated and I am filing for divorce, and since he doesn't have a green card right now, should I file a I-864? What will that do exactly? does that mean i will withdraw my petition. i will look it up now.

thank you

[Darnell 8,478]

You should send a letter to WITHDRAW the I-864 affadavit of support -

to

1. USCIS

2. DoS

3. US Embassy - Fraud Prevention Unit - in his home country

4. LOCAL USCIS OFFICE for your city - attn Fraud Prevention Officer

5. LOCAL USCIS OFFICE for your city - attn ICE Supervisor

You should reference in the letter:

1. USCIS casefile #

2. NVC Casefile #

3. His full legal name, date of birth, passport #

4. Reason for withdrawal of I-864(I assume infidelity in marriage, with attempt to marry USC to perpetrate USA Visa Fraud )

5. Clear language stating that you no longer are in support of him immigrating to the USA.

You can do this immediately, without waiting to file for divorce. IMO, do it now, file for divorce asap.

I must assume he's in the USA already, based on how you worded yer posits here.

----

Perhaps is a bit of confusion? TO FILE an I-864, means you (the USC) will be financially responsible for the foreign spouse. To WITHDRAW an I-864 prior to visa issuance, means you (the USC) are, in effect, withdrawing your support for the I-130 petition and any subsequent visa issuance.

---

Did you file the I-130 petition to the lockbox address in Chicago, or to a US Embassy Immigration Unit in a foreign Country? I ask that, because you are asking about FILING the I-864 (which is secondary part of this entire process - file for petition is first, file for Visa Application is Second ) . If you've NEVER, EVER filed the I-864 ANYWHERE (to NVC, to US Embassy IV Unit abroad) then IF you do NOT file the I-864, HE can never receive a visa.

---

Good Luck !

Edited June 12, 2010 by Darnell

[pushbrk 12,898]

You should send a letter to WITHDRAW the I-864 affadavit of support -

Or, if no I-864 was provided because no I-485 was filed (sounds like only the I-130 was filed but not sure.) then you have no obligation currently and can withdraw from the process by simply not providing an I-864.

There's more to it than "signing a waiver". He would be filing a waiver request that may or may not be granted but WILL be useless without an I-864.