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?
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.
8 lawyers agree
Yes, she can.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
6 lawyers agree
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.
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 an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.
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