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How to Withdraw INS Petition for Siblings

Chicago, IL |

My wife, without my knowledge and permission, filed for her siblings for GC (12 in total). I just found out about it when I saw the letter from INS requesting more details (like birth certificate etc). I am just curious to know who can this petition be cancelled and how far along it in is in the process (keeping in mind that INS has just requested birth certificates etc).

My wife doesn't work at all so she will have to use my income as proof of income. Because we do joint tax returns, can she use our tax returns as proof of income although she has no income. At what stage she would have to provide proof of income and if she sign affidavit of support, would I be held liable for it? Is there a way to tell INS that I am against this petition because I am the sole bread earner?

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Attorney answers 6


Sorry, there is nothing YOU can do. Only the Petitioner, YOUR WIFE, can withdraw. Even if she doesn't work, she could still file a petition. If you don't want to help, it doesn't matter, she could find a joint sponsor.
Luis A. Guerra, Esq.
Law Office of Luis A. Guerra, PA
Atrium Centre
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


I agree with my colleague. There is nothing you can do to stop your wife's petitions - those are her cases. She will have to provide proof of her ability to support her siblings once a visa number becomes available for them, which may take anywhere from 10 to 25 years depending on which country they are from.


As you are not the petitioner, you have nothing to do with these petitions and cannot withdraw them. Only your wife has the power to do that. As to the income requirements, that will not come into play until several years from now, when further documentation will be requested by the National Visa Center.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.


The other attorneys are correct. -- -- Senior Legal Counsel -- Capriotti International Law -- Legal disclaimer: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship. Contact the American Immigration Lawyers Association for a referral to an experienced immigration attorney.


It sounds like you and your wife need to talk!!

I agree with the other attorneys. Your wife is the petitioner for her siblings.


I have a feeling it would be hard for your spouse to qualify with the financial requirements for your filing.

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Hi - I am not sure if you can read my comments. I will give it a try: I should have phrased my question properly: My wife doesn't work but our tax returns are joint. In this case, can she use our joint returns (without my permission) to qualify for financial requirements. Is there a way to prevent her from doing so? I do understand the financial responsibility clause of 10 years for new immigrants and I don't want to be responsible for her siblings financially. Also, their petition was filed in February of 2008 (They are in Pakistan). How long more before INS would require my wife to provide financial requirements and the petition to get approved? Thanks.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko


Thanks you for the clarification. The key issue is that you filed jointly therefore, the spouse is able to use your joint return to qualify. Also, there is no exact time frame the USCIS (the former INS) processes the submission but it may take a long time.

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