Skip to main content

CAN I WITHDRAW AN APPROVED i-130?

Hollywood, FL |

My husband told me me married me for his green card. Unfortunately he has tried this two other times and was caught by immigration. I realized something was wrong after he got the I-130 approved. When I started to look into his excuses for not filing taxes with me, won't let me see his bank statements, won't tell me where he works etc I started to look into what he was doing. He lied about everything. I threw him out and refused to sign his support papers. He told either I sign or he had no use for me anymore. I told him to file for a divorce. It is still pending. He just told me he found a friend who will marry him and sign his papers. Can I withdraw my I-130? Will immigration give him a green card based on a marriage since he has done this three times already?

+ Read More

Attorney answers 3

Best Answer
Posted

Yes you can. Any and all of his previous marriages will be looked at by USCIS if his new wife files a petition. If USCIS finds that he married any of his wives for immigration puposes, he will not be granted residency.

714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

Asker

Posted

The questioner's husband could be mine except it's his first American marriage and he required I pre-sign his --zdw to get joint taxes filed. Didn't do it and filed for divorce. Not he is also threatening Affidavit of Support

Posted

Yes, you can withdraw the I-130, as Mr. Pineda mentioned. Also, if you divorce and do not sponsor your husband for residency or sign the I-864, even having an approved I-130 based on your marriage likely will not be of much benefit to him.

In order to withdraw the I-130, you can write a letter advising of your desire to withdraw the I-130 petition and send it to the office where the petition was approved. It would be best to either include a copy of the approved I-130 or make sure you put the case number and filing and approval dates in your letter.

Best wishes,
Jennifer

Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the specific person(s) and situations involved are known to her. Ms. Doerrie recommends consulting with an immigration attorney regarding your specific facts and circumstances prior to making any legal decision or submitting any form or application. This response does not create an attorney/client relationship.

Carl Michael Shusterman

Carl Michael Shusterman

Posted

Good Answer!

Posted

If he married you solely for a green card, then that is fraud. As soon as you withdraw and report this issue, he'll be investigated accordingly by FDNS and ICE. Of more critical import is that you don't stay with someone who has used you and lied to you. You can withdraw the I-130, but do it in conjunction with your divorce action.