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Can I withdraw or stop sponsoring my cheating spouse oversea after he passed the interview and got Visa?

Los Angeles, CA |

I've been sponsoring my spouse through paperworks. 1) About how long he'll go to the interview after the case is approved? 2) If he passed the interview and got the US Visa, can I still withdraw the case of sponsoring? Because recently I found out that he cheated on me with someone else.
Thank you for reading and answering.

Attorney Answers 4


  1. This is a very delicate situation, and of course, you need to contact an immigration attorney that can help you with any and all issues that may come up. Most attorneys offer free consultations, whether they be via phone or Skype—and that’s something you would definitely benefit from. There are several unknown things here that are very important, for example, you say "visa" but by that do you mean a "Green Card"? What paperwork have you filed on his behalf? Did you file an I-130, Petition for Alien Relative, and has that been approved? Is he waiting on "Consular Processing" to get an "immigrant visa"? Chances are, that if you are at the beginning stages of said immigration proceedings, the process can be stopped since you may not "stay with him." I'd suggest you talk to an immigration attorney to tell you if the "Sponsor Contract" you have with the US Government reasuring that your spouse will not become a public charge, and that you'll reimburse the government if he does, is still valid (and if your spouse will be able to immigrate to the US).

    Good luck!

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  2. If he already got the visa ... you have a big problem.

    Talk to an attorney in private ... you might be able to alert ICE/CBP.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. Difficult to stop the process at this point.

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. If the visa has been issued you can't withdraw the petition, however, since your spouse was likely granted "conditional" permanent residence, you might be able to influence whether the "conditionality" is lifted at the end of the two years. You can talk contact ICE and/or consult with an attorney for more information.

    Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.

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