Withdrawal of I-751

[Metallis]

I am married to a woman from Brazil and we have filed ajoint I-751. My wife has demonstrated to me that she is only in this marriage for her green card. USCIS is requesting further documentation on her arrest for family domestic violence. But instead of providing more documents on a pending I-751 application, I would rather withdraw it.

My wife is currently out of country on an extension travel letter since her card has expired. The extension runs out in July. My question is how fast would my withdrawal of I-751 affect her work and travel visa? Would she be able to re-enter the US once the application has been withdrawn? I ask because I know they will give her 90 days to leave the country once the application has been pulled. But if she is already out can she return in some manner? Since neither of us has filed for divorce there is no waiver in the system.

[Umesh Passi]

Even if you withdraw I-751 as a sponsor, she can still go forward with it as a battered woman.

[davdah]

I think you misunderstood umeshi. SHE was arrested for domestic violence. What the OP should do is supply anything and everything to substantiate the claims being alleged to USCIS. Filing for divorce asap would be a wise move as well since sticking around when you know they are committing fraud has the taint of aiding and abetting.

[MakeItRight!]

I think you misunderstood umeshi. SHE was arrested for domestic violence. What the OP should do is supply anything and everything to substantiate the claims being alleged to USCIS. Filing for divorce asap would be a wise move as well since sticking around when you know they are committing fraud has the taint of aiding and abetting.

Theres nothing better than having a smart person response.

[Umesh Passi]

I think you misunderstood umeshi. SHE was arrested for domestic violence. What the OP should do is supply anything and everything to substantiate the claims being alleged to USCIS. Filing for divorce asap would be a wise move as well since sticking around when you know they are committing fraud has the taint of aiding and abetting.

Simple arrest does not mean anything unless she is convicted for domestic violence. If the final resolution of the arrest is pleading guilty to Violation etc. it will not affect that much. In cases like these, attorneys in criminal courts always take into consideration that his/her client is not a US Citizen.
If and when she comes back, she might seek help from some Immigration Attorney to get her Green Card.
So nobody knows, what can happen in such cases.