Sponsoring a spouse for a Green Card is a significant commitment, but circumstances can change. If you have filed an I-130 Petition for Alien Relative and later decide to withdraw your sponsorship, you may be wondering about the process and potential consequences. At NPZ Law Group, we frequently receive inquiries about how to stop a spouse from immigrating to the U.S. after filing an I-130. This blog will guide you through the withdrawal process and important considerations.
Can You Withdraw an I-130 Petition for Your Spouse?
Yes, you can withdraw an I-130 petition at various stages of the process, but timing is critical. Depending on whether the petition is still pending, has been approved, or the spouse has already received a Green Card, your options will vary.
Withdrawing an I-130 Before USCIS Approval
If your I-130 petition is still being processed by U.S. Citizenship and Immigration Services (USCIS), you can withdraw it by following these steps:
- Write a formal withdrawal request – Send a letter to the USCIS office handling your petition. The address can be found on your I-130 receipt notice.
- Include the following information:
- Your full name and address (as the petitioner)
- Your spouse’s full name and date of birth
- Receipt number from your I-130 petition
- A clear statement requesting withdrawal of the petition
- Do not include a reason unless necessary. While USCIS does not require a justification for withdrawal, if you choose to provide one, be cautious, especially if fraud is suspected.
Once USCIS processes your withdrawal request, the I-130 petition will be canceled, and your spouse will no longer be eligible to apply for a visa or Green Card based on that petition.
Withdrawing an I-130 After USCIS Approval but Before the Visa is Issued
If your I-130 petition has already been approved but your spouse has not yet attended a visa interview or received a Green Card, you may still withdraw it by notifying USCIS or the National Visa Center (NVC). The process includes:
- Sending a withdrawal request to USCIS or the NVC with the necessary details (your name, case number, spouse’s details, etc.).
- Acting quickly, as the case moves forward once the petition is approved.
If the case is at the NVC stage, the withdrawal request should be sent to the NVC, Department of State, before the visa is issued.
What Happens if the Green Card Has Already Been Issued?
If your spouse has already obtained a Green Card, your ability to withdraw sponsorship is extremely limited. In most cases, USCIS will not revoke a Green Card unless there is evidence of fraud. If you suspect marriage fraud:
- You can report it to USCIS.
- USCIS may investigate to determine whether the marriage was fraudulent.
- If fraud is proven, the spouse may be subject to removal proceedings.
However, falsely accusing a spouse of fraud can have legal consequences. Before taking any action, consult with an immigration attorney.
The Financial Obligation: Understanding the Affidavit of Support (Form I-864)
Many petitioners overlook their financial obligations after withdrawing an I-130 petition. When you file an I-130 for a spouse, you also submit Form I-864 (Affidavit of Support), which makes you legally responsible for financially supporting your spouse until:
- Your spouse becomes a U.S. citizen.
- Your spouse has worked in the U.S. for 10 years (40 Social Security quarters).
- Your spouse leaves the U.S. permanently.
- Your spouse dies.
Even after divorce, your financial responsibility remains unless one of the above conditions is met. This means your spouse can legally request financial support from you under the Affidavit of Support.
Key Takeaways
- You can withdraw an I-130 petition before it is approved by writing to USCIS.
- If the petition is approved but the Green Card is not issued, you can still withdraw but must act fast.
- Once a Green Card is issued, it is difficult to revoke sponsorship unless fraud is proven.
- Even after withdrawing the petition, your financial obligations under Form I-864 remain.
Get Legal Help from NPZ Law Group
Navigating the immigration process can be complex, and withdrawing an I-130 petition has legal implications. If you are reconsidering your spouse’s sponsorship or suspect fraud, contact NPZ Law Group for expert legal guidance.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.