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Husband withdrew I-130 at aos interview

Las Vegas, NV |

Myself and my husband are genuinely married. At the interview we had inconsistant answers the io said he thought our marraige was fradulent and that the application would be denied and if he didn't withdraw his petition there was a strong possibility that he would go to jail and be fine $250,000 so terrified and intimidated he signed to withdraw the petition. What do we do now? We are together for real our marraige is in no way fradulent we had leases, bills, joint bank accounts and photographs which they never asked to see. Please help!

We are well and truly still together. Our bank account/credit cards have almost daily activity going back well over 2 years!

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Attorney answers 4


You retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


You should not withdraw the application if your marriage is genuine. Wait for a response form the Immigration Service regarding the outcome of the interview and consult promptly with an immigration attorney. You can either appeal the decision or file a new I-130 if necessary. It depends on the facts of your case which option is preferable,


Wipe your tears and if you are STILL together after this tragedy, go to see an immigration lawyer in Vegas and see what he/she says.

And please kindly note: marriages where there are joint "leases", "bank accounts", etc. have also been found to be fraudulent. As an example, just think of this: is a bank account in both names, where there has been NO MOVEMENT at all in the last 3-4 months not fraudulent in your opinion? Or at least could not be construed as such?

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


I would have an experienced immigration attorney prepare an affidavit on behalf of your husband explaining the circumstances ie. duress and coercion at the interview and submit it to the Field Office Director in Las Vegas, Nevada. Submitting additional evidence substantiating the bona fides of your marriage simultaneously with the affidavit would also be helpful. In the alternative, you can wait until you receive a final decision and file a Motion to Reopen.

Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.