Can my wife revoke the I-130 application after it's been approved and awaiting in the NVC?

Asked almost 2 years ago - Cleveland, OH

I have got married out of state for about 9 months. My wife filed the I-130 to get me in the state. However, after the application got approved(it's been 2 weeks in the NVC and I am waiting for the agent), we are not getting along. Now she is telling me that she wants to revoke the case. Please I need to know if she can do this with a strong justification or she doesn't need any reason to cancel my case. Is there anything legal I can do against her decision to prevent that sine I live out of state ?
How long does it to revoked and do I time to correct my situation?
Thanks

Attorney answers (5)

  1. Irina Alexander Vinogradsky

    Contributor Level 15

    8

    Lawyers agree

    Answered . Your wife still needs to sign I-864 Form, an affidavit of support for you to adjust your status in the U.S. She can refuse to sign the affidavit. She does not need any reason to cancel your case. I-130 is her petition. The best approach is work your relationship with your wife.

  2. Robert Louis Brown

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . The I-130 is your wife's petition and she may withdraw the petition for any reason or no reason. After you receive resident status your wife can no longer simply withdraw the I-130 but she still may have impact on your status.

    216.861.4414
    immigration@rbrownllc.com
    www.brown-immigration.com

  3. J Charles Ferrari

    Contributor Level 20

    7

    Lawyers agree

    Answered . Yes, she can.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . Yes

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  5. Andrew Marino Bramante

    Contributor Level 15

    3

    Lawyers agree

    Answered . Your wife can revoke the I-130 Petition, but if she does so in the context of severe emotional abuse to you, you may have options under laws protecting abused spouses. I can give you a free consult by phone (or a short one here in the office) if you like. Sounds like a tough situation. Good luck.

    Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with... more

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