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Can a petition be withdrawn, while spouse has a conditional card?

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  • Can a petition be withdrawn, while spouse has a conditional card?

    I want to know if the petition for my spouse can be withdrawn, with him holding a conditional green card. It is clear that my spouse only married me for a green card and I do have proof. I just want to be certain that this can be done before I go out on a wile goose chase. If it can be done how do I go about doing so.

  • #2
    I want to know if the petition for my spouse can be withdrawn, with him holding a conditional green card. It is clear that my spouse only married me for a green card and I do have proof. I just want to be certain that this can be done before I go out on a wile goose chase. If it can be done how do I go about doing so.

    Comment


    • #3
      Yes, you can withdrawn a I-130, as long as it hasn't been approved. Just contact the nearest BCIS office for the procedure.
      If the I-130 is already approved and he already got he already got a temporary GC, he'll have problem at the 2yr anniversary when his temporary GC has expired and both of you have to jointly filing for his permanent GC.
      Check out this link:
      http://www.kamya.com/intro/cpr.html#removal2

      Its giving advice from people on the other end (those who want to retain their temporary GC), on how to obtain waiver in place of the USC spouse approval (which is you, in this case).
      It should give you an idea on what your spouse planning to do, and you can be one step ahead of him.

      Comment


      • #4
        i dont think you can cancel his gc..he will have to file hic removal himself..and he may face questions...the onlyt way you can prove he did it for gc is he married you while he was already married..any thing else may not have much affect with bcis

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        • #5
          If you apply for divorce within two years of his temporary GC, then he will not be able to remove conditions on his GC.

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          • #6
            I have so many conflicting report on this that I am confused. Why give a conditional card if they can self petition, and walk away with a green for their deception. Why not just hand these people a permanent card and call it a day.

            Comment


            • #7
              It is almost immposible for a man to self-petition for himself. Unless he has filed complains against you for cruelty and had Order of Protection etc. This two year window is just to check if their marriage is working properly or not. Without you he can not get his permanent GC.
              Good luck.

              Comment


              • #8
                Thanks Umesh,

                I hope you are right! I am always surprised at the never ending mishaps, errors and debocles of the federal government.

                Comment


                • #9
                  I was railroaded into getting a GC for a woman who is mafia-like. She used every ploy:suicide,
                  drugs, lies-infinite. Wild marriage. She left 4 mnths. after CGC, met a man, convinced him to impregnate her so she could bring her family to U.S. He obliged, she delivered, we are divorcing, I signed paternity-denial form. She is lying big-time about me, a trial about lies in divorce, she also had me arrested when mother and I went to talk to her lover. I was suicidal, had gun in trunk, no bullets, she figured and told police. She is intuitive and bad. Wrote INS, told them the whole thing, including her two hospital stays for drug use and suicide. She sadi she would destroy me forever financially, and get mother and I thrown on street. We will lose house, because we spent 100,000.00 on her family and her,
                  we are near ruin, owner will sell house and put us out. She is a real criminal, said she 'knows' how to torture people. Amen. I only know her SS#,
                  not her Alien number. Can I testify with immunity?
                  Can I go to the INS personally, since they are swamped by over 100,000 letters a week in North Texas? Will any one keep me sane??? I can not work. We used mother's retirement money for that girls family. Please...P.S., she told me how to answer the INS interview, truth is she found me on internet, flew across U.S. to find me, lots of pressure...

                  Comment


                  • #10
                    I saw attorney, who told me complaint letters will not show up at her meeting to remove conditional status. He said waste of time. What if I go to INS?

                    Comment


                    • #11
                      umesh passi:
                      I do not know where you get your information from but it certainly is not from BCIS. Yes, if you read the instructions for form I-751, it clearly tells you that you can self petition, with out the spouse signature, if they have passed away, marriage is annuled of you divorced. In that case, the BCIS will conduct an interview of the alien spouse, alone, to determine if marriage was entered in good faith. Please check your source.

                      Raw deal:
                      Your options are to pursue local authorities and build sufficient evidence that alien spouse is granted removal proceedings and have criminal conviction stand in court of law. Good Luck.

                      Comment


                      • #12
                        rawdeal:
                        If she put up that much problem to you, file a formal complaint to the police/court and have a restraint order place on her.
                        Document everything, including her affairs, all her threats, also the misuse of money, etc. (which I'm still not clear why are you still sending her money? Is she filing for child support or something?)
                        When it times to apply for the removal of her coditional GC, she'll have a hard time (having a restraint order/lawsuit against her, as well having affairs and a child outside your marriage) to prove that she enter the marriage faithfully. You can also go to the local BCIS to get some more concrete information.

                        Comment


                        • #13
                          To Mindy:

                          You can move the court for annulment of your marriage on the basis that your husband married to you just for GC and had no real intention to make a family. Then, it will really make it difficult for him to remove conditions on his GC.

                          To Smali:

                          If you will read my answer carefully, I had said it is really difficult for a male to self-patition. Courts usually do not buy it that a female can use cruetly against a man. In these cases women have a upper hand.

                          To raw deal:

                          If you are sure that the child is not yours and have other proof that she was cheating on you etc. then you should file for annulment of marriage. You can withdraw your application, if her AOS is still pending.

                          Good luck everybody.

                          Comment


                          • #14
                            I have hope now. BTW, INS told me if she wants a house, I have to pay for it. Unbelievable...

                            Comment


                            • #15
                              That INS officer is giving out bad information or doesn't know what they are talking about. If you're legally divorced from her, she's not entitled to anything else in the future, except for that in the divorce settlement.

                              Comment

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