Skip to main content

I requested to withdraw my I-130 petition for my ex spouse due to the marriage fraud committed, but have not heard from the

San Francisco, CA |

USCIS yet even though it's been a month now. Should I write to the USCIS again and what could be the reason for their silence. We are now divorced and he's a holder of conditional green card, but I had a friend who was called by the USCIS to withdraw her I-130 as she found herself in a similar situation before while her husband had a conditional green card.

Could it be that my husband has written bull about me to secure his future I-751 and the USCIS is not taking me seriously with the request to withdraw my petition and to have the report in his file. I don't know what to think because of the silence by the USCIS.

+ Read More

Attorney answers 5


You can only report, the government will decide whether to come back to you.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Sorry, it is too late to withdraw the I-130 ... it is also too late to withdraw the I-864.

Meet with an immigration lawyer to learn of your long-range obligations.

Unfortunately, CIS/ICE receive literally 'tons' of 'bad marriage' letters ... they rarely investigate, unless it is part of an organized marriage fraud ring. Sorry.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.



Ah! got I guess that's why I did not hear a response because I thought that my husband has written crap about me, so the immigration decided not to have me withdraw my I-130 lol. ok But will they place my fraud report in his file at least for the future i-751..this is also very important for me.


I agree with my colleagues. Look at the bright side. You did not sign his condition removal petition.


To late to do any thing, sorry!


You have done your part by letting the Department know your thoughts. Since you are divorced, your spouse will file the I-751 seeking waiver of joint filing. Depends on the paperwork he presents to show the bona fides, the Department may/ may not take your letter seriously as in most divorce cases, parties are bitter and USCIS get these letters all the time.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.



What if he shows no evidence...the usual stuff you need to provide with joint names on them. We had none, so he will not be able to submit anything joint. Will this be an issue considering that I have reported him for fraud. He could care less about the marriage, didn't bother with anything and when he got his card he left me and I filed for divorce soon after (a few months later). My only concern would be filing under abuse option, but we are divorced and there was no allegation against least not yet and I do not think that will happen when we have not seen each other for a very long time. If abuse is claimed, what forms will the USCIS consider. Can they consider an emails by me (a supposed ones). I was thinking that perhaps he could write things himself, print them out and send it to the uscis climbing emotional/verbal abuse, but emails can easily be altered in this day and age. Do you think uscis would buy into emails or probably not as it would be too obvious what he is trying to do not having any abuse police report and not being able to provide evidence.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer