Can I just withdraw my brother's wife's name from approved I-130 and later reapply?

Asked over 1 year ago - Painesville, OH

My brother and his wife have been approved for I - 130 but they still need wait for 8 years to adjust the status . Now , my brother's wife wants to visit her daughter in May to attend her graduation in the US . But , her 2 visa was denied . How can she get a visa to attend her daughter's graduation in May of 2013 ? To withdraw her name from I - 130 ? Thanks ,

Additional information

So, bottom line is she is trying to visit her daughter during the graduation. Is withdraw the whole I-130 for both my brother and his wife the only way?

Attorney answers (4)

  1. K Alexandra Monaco

    Contributor Level 9


    Lawyers agree

    Answered . The withdrawal will not really help. Immigration is now somewhat aware of her intent to come to the US for a green card, so they believe if she visits she won't leave. You can file again for the B2, but get a attorney to do it this time, you'll have better idea of what evidence you'll need.

  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . You can but then it will be considered an immigration fraud if he is still married to her.

  3. Stephen D. Berman

    Contributor Level 20


    Lawyers agree

    Answered . She is married to your brother whether or not her name is on the visa petition. However she could notify the national visa center that she does not wish to immigrate, and whether that will affect her application for a tourist visa is impossible to know.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  4. Andrew Marino Bramante

    Contributor Level 15


    Lawyer agrees

    Answered . The issue is her immigrant intent. If she has not done so in her 2 failed visa applications, she should provide a lot of documentary evidence corroborating that she does not plan to immigrate. Such evidence would include proof of a well-paying job in her home country, home ownership in her home country, husband and children and parents living in home country, etc. Withdrawing her name from the I-130 will not help. Call me if you want to discuss for a few minutes. 216-338-2120. [No charge.]

    You should always consult with an experienced immigration attorney to make certain that the advice you received is... more

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