I am a resident currently outside the United States,and I'm still waiting the approval for I-130 petition,but my wife is a resident in the United States currently, and she now are threatening to cancel the petition because it it takes a long time,and surely this is not my fault. is she can cancel the petition without proof of divorce case.
Yes, of course. A petitioner, a wife or other relative who filed an I-130 on someone's behalf can cancel it at any time, PRIOR TO the beneficiary having been admitted into permanent residence (green card) by WITHDRAWING the I-130 petition.
A withdrawal is usually made in writing, in the form of a letter sent to the government agency with which the I-130 petition is pending. No reason is needed for the withdrawal and it immediately goes into effect.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with my colleague, the petition is your wife's and she may withdraw her petition at any time.
DUI / DWI Attorney
Yes, she can cancel the petition at any time. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.
Dean P. Murray
The Murray Law Firm
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Yes she can
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She can withdraw the petition before it's approved and she does not need to be divorced for that action. The better question is why is it taking so long? Was enough evidence submitted? Are there issues of eligibility? What have you done to resolve the processing time issue? Get together with your wife and discuss these issues and others with a lawyer.