Hello! I'm non-working staying at home mom, who take care for a toddler daughter.
I'm US citizen since 2013. On November I filled 1-130 forms for my parents.
Now, my husband wants to divorce with me. So, he can't be a sponsor.
If you really want to withdraw the petitioner, you can write a letter to the USCIS at the same address where you sent the I-130 and tell them simply that you are withdrawing the petition for personal reasons. You can petition for your parents again in the future when your situation is better.
Before you withdraw the petition, though, you really should talk with an attorney about your options. Many of the attorneys on Avvo offer free telephone, online and in-person consultatations, and many are local to you. Good luck and best wishes!
You could notify that USCIS that you would like to withdraw your pending I-130 Immigrant Petitions. However, you may not need to do this. Your income may still be sufficient to sponsor your parents depending on how much alimony you receive from your husband after your seoaration and divorce, and how much money (or the value of the assets) you get in the divorce settlement. Please schedule a consultation with an immigration lawyer, as well as a divorce lawyer, for additional information and assistance.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
The joint financial sponsor can be anyone who lives in the US and is a US citizen or legal permanent resident. So, if you have friends or relatives in the US who make enough money, that person can be a joint financial sponsor.
If you filed the petitions in November, the petitions likely have already been approved by USCIS or soon will be.
While you can certainly notify USCIS or NVC (depending on where the petitions are now) that you are withdrawing the petitions and the withdrawal would have no adverse effect on future petitions, you will lose the filing fees and the time you already spent on the petitions.
If you can find a joint financial sponsor, it may be better to go forward with the petitions now. Presumably, your parents can help you once they are here in the US.
If you really want to withdraw the petitions, you can send a letter to the office holding the petitions to notify it that you are withdrawing the petitions. Those offices usually want notarized letters to lessen the risk that someone pretends to be you to withdrawal the petitions.
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