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

Asked about 1 year ago - 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. Alexander Joseph Segal

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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)... more
  2. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  3. Tripti Sharad Sharma

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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.... more
  4. Ji Min Kim

    Pro

    Contributor Level 14

    4

    Lawyers agree

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

  5. Anthony Emeka Nze Nwosu

    Contributor Level 11

    3

    Lawyers agree

    Answered . To late to do any thing, sorry!

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