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How to Withdraw INS Petition for Siblings

Chicago, IL |

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?

Attorney Answers 6


  1. 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 final, nor is it intended as legal advice.


  2. 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.


  3. 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 consultation with an experienced attorney is always the best way to go.


  4. The other attorneys are correct.

    www.capriotti.com -- franco@capriotti.com -- Senior Legal Counsel -- Capriotti International Law -- Legal disclaimer: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship. Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney.


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

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


  6. 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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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