Can I cancel immigrant visa petition without divorce?

[Scram716]

What is the name of your state (only U.S. law)? Florida

hey everyone, I was just wondering if i could cancel a visa petition without getting a divorce? I'm the US citizen, wife is immigrant. We've been married for two years and have a 9 month old boy. We applied for the change of status about three weeks ago and we received a letter today in the mail saying her appointment for fingerprints is next week. The reason I ask is because I cant get divorced this very moment... It's complicated but today I overheard a phone call today with her talking to her mom saying that once she got her papers she was going to leave me. We've been fighting for a while and at this point I really think she's only staying in the marriage so she can get her status and leave me. Thanks in advanced.

 

[Scram716]

Another thing I just found out today, we also needed a sponsor for the affadavit of support. We had a close friend be our sponsor. He agreed and everythin but her mom signed the paper for him without him knowing! Can I get in trouble for this?

 

[Proserpina]

Another thing I just found out today, we also needed a sponsor for the affadavit of support. We had a close friend be our sponsor. He agreed and everythin but her mom signed the paper for him without him knowing! Can I get in trouble for this?

This could land you in SERIOUS trouble. You need to speak to an attorney before you try to do anything else. Once that I-864 is submitted it typically cannot be withdrawn.

 

[Scram716]

Okay thank you. Do you know if its still early enough that I can just cancel everything?

 

[Proserpina]

Okay thank you. Do you know if its still early enough that I can just cancel everything?

Are you saying that your spouse is intending to abandon her residency?

Where exactly are you in the immigration process - are you trying to remove conditions (does she already have a temp card)? How did she move here in the first place?

Help us help you

 

[not2cleverRed]

Okay thank you. Do you know if its still early enough that I can just cancel everything?

You've been married 2 years.

You've a child together.

You've sent in the paperwork to adjust from conditional to permanent status.

So no, you can't cancel everything out of a moment of spite.

But hey, with an attitude like that...

 

[Proserpina]

You've been married 2 years.

You've a child together.

You've sent in the paperwork to adjust from conditional to permanent status.

So no, you can't cancel everything out of a moment of spite.

But hey, with an attitude like that...

We don't know if this is the "removal of conditions" petition. More details are needed, including how she got here in the first place.

 

[Scram716]

We applied for change of status. We literally just applied two weeks ago. She hasnt even done the fingerprints yet. I heard if the petition hasnt been approved yet that I can send a letter to USCIS requesting to withdraw the application.

 

[Scram716]

Im 24 and shes 20 yo. She came here legally when she was 1 year old with her mom and dad and they all overstayed their visa

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

hey everyone, I was just wondering if i could cancel a visa petition without getting a divorce? I'm the US citizen, wife is immigrant. We've been married for two years and have a 9 month old boy. We applied for the change of status about three weeks ago and we received a letter today in the mail saying her appointment for fingerprints is next week. The reason I ask is because I cant get divorced this very moment... It's complicated but today I overheard a phone call today with her talking to her mom saying that once she got her papers she was going to leave me. We've been fighting for a while and at this point I really think she's only staying in the marriage so she can get her status and leave me. Thanks in advanced.

You have a 9 month old child with this woman. If she does not gain permanent residency then your child could end up being totally separated from his mother or totally separated from his father. Neither situation would be in the best interest of your child.

I understand that you are hurt, but you really need to care more about the best interest of your child than of your hurt feelings.

 

[Scram716]

My question is is it possible to withdraw the petition? While staying married. So no my son isnt going to lose his mom or his dsd. After we divorce then maybe yes. But trust me she uses my son as a weapon against me. And she isnt very responsible either. For example, every time her mom and dad pick her and our son up from my house, they dont like to buckle him up or even attach the car seat into the car! And not to mention none of them even have a drivers license and they are always drinking beer and driving.

 

[Proserpina]

My question is is it possible to withdraw the petition? While staying married. So no my son isnt going to lose his mom or his dsd. After we divorce then maybe yes. But trust me she uses my son as a weapon against me. And she isnt very responsible either. For example, every time her mom and dad pick her and our son up from my house, they dont like to buckle him up or even attach the car seat into the car! And not to mention none of them even have a drivers license and they are always drinking beer and driving.

Hire an attorney.

I find your actions despicable, and unworthy of my time.

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? Florida

hey everyone, I was just wondering if i could cancel a visa petition without getting a divorce? I'm the US citizen, wife is immigrant. We've been married for two years and have a 9 month old boy. We applied for the change of status about three weeks ago and we received a letter today in the mail saying her appointment for fingerprints is next week. The reason I ask is because I cant get divorced this very moment... It's complicated but today I overheard a phone call today with her talking to her mom saying that once she got her papers she was going to leave me. We've been fighting for a while and at this point I really think she's only staying in the marriage so she can get her status and leave me. Thanks in advanced.

Do you know the form number you filed, or the correct name? A change of status is used to change from one non-immigrant status to another non-immigrant status. One example is changing from a tourist (B2) to a student (F1).

When you marry an immigrant, you generally file an I-130 (Petition for Alien Relative), an I-865 (Adjustment of Status) and, if the relationship is through a recent marriage, an I-751 (Petition to Remove Conditions on Residence) after two years.

Your options depend on what stage you are at.

 

[Scram716]

Well you Also dont know the full story either but thanks for your two cents

 

[quincy]

Well you Also dont know the full story either but thanks for your two cents

Stevef could have charged you far more than two cents for his time but, since you seem reluctant to tell the full story to an attorney who was willing to offer advice to you for free, it is probably time for you to scram, Scram716, and find an attorney in Florida to help you.