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  1. #1
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: She Wants Divorce and She is Pregnant

    You NEED to withdraw the petition IMMEDIATELY if you can.

    Why? Because otherwise she will likely be able to stay (she may be able to stay anyway), and you can be on the hook to support her to the tune of 125% of the Federal Poverty Level - possibly permanently.

    This obligation doesn't disappear with divorce; it only ends if one of these things occurs:

    1. She leaves the country permanently (abandons her residency)
    2. She dies
    3. She naturalizes (becomes a US citizen)
    4. She earns 40 qualifying social security quarters (works for about 10 years).

    Of course there's a good chance she's not aware of any of this.

    But if I were you, I would absolutely turn up at the interview and explain - and formally withdraw the petition.

  2. #2
    Join Date
    Jun 2011
    Posts
    21

    Default Re: She Wants Divorce and She is Pregnant

    does she have to go with me she says she doesnt want or need anything from immigration but its her case i am only the spouse. can i go withouther to withdraw the petition or can i do it over the phone thank you so much

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: She Wants Divorce and She is Pregnant

    Quote Quoting jovanbeltran
    View Post
    does she have to go with me she says she doesnt want or need anything from immigration but its her case i am only the spouse. can i go withouther to withdraw the petition or can i do it over the phone thank you so much

    In all actuality, you are the petitioner - she is basically the recipient of the immigration benefits. You actually have two choices - if neither of you attend the interview, the petition would likely be denied anyway. Or you can follow this:


    An applicant or petitioner may withdraw an application or petition at
    any time until a decision is issued by the Service or, in the case of
    an approved petition, until the person is admitted or granted
    adjustment or change of status, based on the petition. However, a
    withdrawal may not be retracted. An applicant who wishes to withdraw a
    visa petition (Form I-130, Petition for Alien Relative) should write a
    letter to the USCIS office where the petition was filed. The letter
    should include the beneficiary's name, date and country of birth, and
    A-number or Receipt -number, the date petition was filed, reason for
    withdrawing the petition and the petitioner's name, signature and
    address.
    If you don't attend AND you send such a letter, you should be fine.

    You can also call USCIS or click around the website (it's MUCH more user-friendly than it used to be ) to get more information right here

  4. #4
    Join Date
    Jun 2011
    Posts
    21

    Default Re: She Wants Divorce and She is Pregnant

    i 865 affadavit of support and i 130 petition for alien resident . ..i have to write a letter for each of these or just one letter explaining the whole situation with my name and not attend and i will not be responsible for paying 125% and all that . . if i dont atend and it gets denied am i still responsible for the affadavit of support or does that get denied all together
    thank you so much for all this information

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: She Wants Divorce and She is Pregnant

    If you successfully withdraw the I-130, the I-864 becomes void. But certainly, mention both forms in just one letter explaining that you wish to withdraw any and all petitions and forms relating to #your case number (you'll need that), along with the fact that you're separated and are filing for divorce.

    And you're very welcome - that whole I-864 thing can financially ruin the sponsoring US citizen, and unfortunately many people don't really understand the ramifications when they sign it. Many sponsored immigrants have used the I-864 to obtain spousal support where ordinarily they wouldn't get a dime (for example, a short marriage would generally not result in spousal support).

    Now when the baby is born, you'll need to file to establish paternity if you have any doubts - and if the baby is yours, you can of course file for some sort of custody, visitation etc., and child support.

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