How to Withdraw INS Petition for Siblings

My wife, without my knowledge and permission, filed for her siblings for GC (12 in total). I just found out about it when I saw the letter from INS requesting more details (like birth certificate etc). I am just curious to know who can this petition be cancelled and how far along it in is in the process (keeping in mind that INS has just requested birth certificates etc). My wife doesn't work at all so she will have to use my income as proof of income. Because we do joint tax returns, can she use our tax returns as proof of income although she has no income. At what stage she would have to provide proof of income and if she sign affidavit of support, would I be held liable for it? Is there a way to tell INS that I am against this petition because I am the sole bread earner?

Chicago, IL -

Attorney Answers (6)

Wendy Renee Whitt

Wendy Renee Whitt

Immigration Attorney - Plano, TX
Answered

I agree with my colleague. There is nothing you can do to stop your wife's petitions - those are her cases. She will have to provide proof of her ability to support her siblings once a visa number becomes available for them, which may take anywhere from 10 to 25 years depending on which country they are from.

Luis Alberto Guerra

Luis Alberto Guerra

Immigration Attorney - Fort Lauderdale, FL
Answered

Sorry, there is nothing YOU can do. Only the Petitioner, YOUR WIFE, can withdraw. Even if she doesn't work, she could still file a petition. If you don't want to help, it doesn't matter, she could find a joint sponsor.
Luis A. Guerra, Esq.
Law Office of Luis A. Guerra, PA
Atrium Centre
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328
(954)434-5800
www.guerralegal.com

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as... more
Eugene J. Glicksman

Eugene J. Glicksman

Immigration Attorney - New York, NY
Answered

As you are not the petitioner, you have nothing to do with these petitions and cannot withdraw them. Only your wife has the power to do that. As to the income requirements, that will not come into play until several years from now, when further documentation will be requested by the National Visa Center.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A... more
Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Immigration Attorney - Chicago, IL
Answered

I have a feeling it would be hard for your spouse to qualify with the financial requirements for your filing.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
Marc Richmond Amos

Marc Richmond Amos

Immigration Attorney - Charlottesville, VA
Answered

It sounds like you and your wife need to talk!!

I agree with the other attorneys. Your wife is the petitioner for her siblings.

F. J. Capriotti III

F. J. Capriotti III

Immigration Attorney - Portland, OR
Answered

The other attorneys are correct.

www.capriotti.com -- franco@capriotti.com -- Senior Legal Counsel -- Capriotti International Law -- Legal... more

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