Is a sponsor able to withdraw an immigration petitionWithdrawing the immigration petition terminates what?? I withdraw the petition and the immigration officer said that once it's done it wipes your hands and It can not be reinstated. I did withdrawn the petition and less than a year of marriage and filed for divorce the even though my wife charged me twice with assault and battery and both cases was dismissed. My wife was threatening me then that's when I continue with the divorce and the judge threw my wife and her daughter out in the street. After a month we talked and got back together and I withdrawn the divorce petition. My wife hired an attorney to reinstate the petition at the immigration making us signed the affidavit. My wife again got a restraining order on me 9 months later I challenged the restraining order and the judge vacate the order and in the meantime I refiled the divorce again. We did the 2nd application to remove the condition on for her and after the papers sent she opened the checking account in her name and we did not have sex for 1 year and she stop sleeping with me. I now withdrawn immigration that petition again. I will be serving her the divorce papers soon. She still has not gotten her immigration result papers from the 2nd application to remove the condition. It now has been 3 months. The immigration officer I talked to said that they are still investigation. One thing before the I-130 petition she lied saying that she changed the child name and told the embassy that don't know who the father of her child is. She knows who the father of her child is and she changed the child name. Any suggestion is appreciated.
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I reported marriage fraud. Attorney answers (1)
It sounds like your wife previously received conditional resident status, and the petition that is the subject of your e-mail is a Form I-751 Petition to Remove Condition. Depending upon the facts supporting her claim of a bona fide marriage, after a divorce a conditional resident spouse may file a new I-751 Petition seeking a waiver. If she is able to persuade the USCIS that the terminated marriage initially was genuine and bona fide, then the USCIS should remove the condition and grant her full Lawful Permanent Resident status. The USCIS is accustomed to angry U.S. spouses trying to use immigration benefits as leverage or as punishment, but for an I-751 waiver the USCIS nonetheless will require extensive documentary evidence.
I am sorry to learn about the heartache you and she must have, and I hope you each have a good future. [Note: As contemplated in the Avvo Terms of Use, this information is general information and is not intended to be legal advice to you. Please do not consider our firm or me engage as your counsel, with the establishment of an attorney-client relationship, unless and until I may confirm legal representation in writing.] David N. Soloway Frazier, Soloway & Poorak, P.C. dsoloway@fspklaw.com 1800 Century Place, Suite 100 Atlanta, Georgia 30345 4 people marked this answer as good
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