I married two years ago, and my husband recently sent the form i-130, we just having a little fight soon after, I was nervous, and I sent a letter to the address where the receipt came, unlike the address it was sent the form i-130, I did not went to a notary public, I sent the receipt along with a letter saying I wanted to cancel and that we're going to divorce. we did not divorced and we are very happy. the status decision of the process it is on "initial review" . what can happen? how can I revoke the letter? what should I do? they are going to consider this letter? even if not being registered in a notary public? I sent two weeks ago, but decision on the site USCI did not change, still on "initial review"". Please how should I act?
My suggestion is to immediately have an immigration lawyer handle your case. The lawyer will do whatever is necessary.
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Real Estate Attorney
I agree with my colleague. Get an immigration lawyer now. There is too much at stake.
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Divorce / Separation Lawyer
Did your husband also send the I 485? You really should retain an attorney. Does you husband know of your letter?
This is not legal advice until I am retained and have reviewed all facts about your situation.
Are you the beneficiary of the I-130? That is, is your husband the petitioner of the case. If so, then he would normally be the only person that could request to withdraw or cancel the petition that was submitted. Also, did you or your husband apply for a green card; and are you or your husband a United States citizen?
Even if the letter to USCIS does not cause cancellation of the petition, I would still be concerned and seek an immigration attorney to represent you before the government because it might be construed as a negative fact and cause a serious problem in proving the bona fides of your marriage.
Michael A. Harris, Esq.
Attorney at Law
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Miami, FL 33137
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Mobile: (305) 423-9325
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I agree with all of my colleagues in that you should find an immigration attorney that you and your husband like and trust. It's definitely the case that if your husband is the US Citizen/Permanent Resident and you're from abroad that only your husband could stop the I-130 process with USCIS. Marriage-based immigration cases are all about telling USCIS the story of your relationship. While there are definitely certain things that USCIS views as evidence of the fact that a couple married for papers only, the agency, its regulations, and case law all recognize the obvious fact that marriage is complicated and emotional and that people sometimes fight with one another.
Working with a skilled immigration attorney, you and your husband will be able to explain what happened to USCIS and the attorney will be able to present the story of your relationship to USCIS in a way that the agency is most likely to understand and accept.
I agree that you should hire an attorney from this point forward. Based on what you're indicating, you likely sent the letter to a service center, and the service center may or may not have placed it in your file (both are possibilities). However, you should be aware of what exactly you stated in the letter and whether there is any harmful information or allegation to the case. You may begin by contacting the Immigration Service (800-375-5283) and ask whether the petition is still active, or find out whether your request is received in the file. Your best approach, still, is for a lawyer to appear on your behalf at an InfoPass appointment to ensure the case moves forward. If necessary, you may submit a letter through an attorney requesting that you revoke the letter submitted (whatever date) and wish to proceed with the applications. However, if this is received and acknowledged, it will be considered a "red flag" issue and I highly recommend you obtain representation to protect your rights and interests moving forward.