CAN I WITHDRAW AN APPROVED i-130?

Asked almost 3 years ago - Hollywood, FL

My husband told me me married me for his green card. Unfortunately he has tried this two other times and was caught by immigration. I realized something was wrong after he got the I-130 approved. When I started to look into his excuses for not filing taxes with me, won't let me see his bank statements, won't tell me where he works etc I started to look into what he was doing. He lied about everything. I threw him out and refused to sign his support papers. He told either I sign or he had no use for me anymore. I told him to file for a divorce. It is still pending. He just told me he found a friend who will marry him and sign his papers. Can I withdraw my I-130? Will immigration give him a green card based on a marriage since he has done this three times already?

Attorney answers (3)

  1. Javier G Pineda

    Contributor Level 17

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    Answered . Yes you can. Any and all of his previous marriages will be looked at by USCIS if his new wife files a petition. If USCIS finds that he married any of his wives for immigration puposes, he will not be granted residency.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be... more
  2. Jennifer Doerrie

    Contributor Level 14

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    Answered . Yes, you can withdraw the I-130, as Mr. Pineda mentioned. Also, if you divorce and do not sponsor your husband for residency or sign the I-864, even having an approved I-130 based on your marriage likely will not be of much benefit to him.

    In order to withdraw the I-130, you can write a letter advising of your desire to withdraw the I-130 petition and send it to the office where the petition was approved. It would be best to either include a copy of the approved I-130 or make sure you put the case number and filing and approval dates in your letter.

    Best wishes,
    Jennifer

    Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the... more
  3. Philip Alan Eichorn

    Contributor Level 19

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    Answered . If he married you solely for a green card, then that is fraud. As soon as you withdraw and report this issue, he'll be investigated accordingly by FDNS and ICE. Of more critical import is that you don't stay with someone who has used you and lied to you. You can withdraw the I-130, but do it in conjunction with your divorce action.

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