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I requested to withdraw my I-130 petition for my ex spouse due to the marriage fraud committed, but have not heard from the

San Francisco, CA |

USCIS yet even though it's been a month now. Should I write to the USCIS again and what could be the reason for their silence. We are now divorced and he's a holder of conditional green card, but I had a friend who was called by the USCIS to withdraw her I-130 as she found herself in a similar situation before while her husband had a conditional green card.

Could it be that my husband has written bull about me to secure his future I-751 and the USCIS is not taking me seriously with the request to withdraw my petition and to have the report in his file. I don't know what to think because of the silence by the USCIS.

Attorney Answers 5


  1. You can only report, the government will decide whether to come back to you.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. Sorry, it is too late to withdraw the I-130 ... it is also too late to withdraw the I-864.

    Meet with an immigration lawyer to learn of your long-range obligations.

    Unfortunately, CIS/ICE receive literally 'tons' of 'bad marriage' letters ... they rarely investigate, unless it is part of an organized marriage fraud ring. Sorry.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. I agree with my colleagues. Look at the bright side. You did not sign his condition removal petition.


  4. You have done your part by letting the Department know your thoughts. Since you are divorced, your spouse will file the I-751 seeking waiver of joint filing. Depends on the paperwork he presents to show the bona fides, the Department may/ may not take your letter seriously as in most divorce cases, parties are bitter and USCIS get these letters all the time.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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