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Can she cancel the I-130 petition without a court decision to divorce?

Cleveland, OH |

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.

regards....

Attorney Answers 5


  1. Best answer

    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.


  2. I agree with my colleague, the petition is your wife's and she may withdraw her petition at any time.


  3. 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
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.


  4. Yes she can
    www.immigrate2usa.com

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/


  5. 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.

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