Forum Home > Family & Marriage Based US Visa Immigration Discussion > I-130 Forum
I-130
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Sunshine
12/27/2013 9:08:54 PM
Total Posts: 22
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My spouse cheated on me and I have filed for seperation. I want to know if I must withdraw petition or let it wait till I have final judgement?
Amazon
12/28/2013 11:05:56 PM
Total Posts: 591
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This is tricky and you may want to talk to lawyer. You did not mention who is the primary sponsor. Sometimes USCIS also approves GC for marriage which is less than 2 years old. This means if you are the applicant, you can still get GC based on marriage. Hence a lawyer would be able to review your case and provide accurate guidance.
Sunshine
12/29/2013 5:21:16 AM
Total Posts: 22
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On 130 am the beneficiary. But for the sponsorship in I864 I was sponsor as my spouse did not have a job or money. I showed my employment as the source of funds. The marriage was a traditional arranged marriage and fell apart in less than 6 months. My 140 is also attached to 485 by my lawyer but the lawyer did not mention of perusing marriage based GC. My interview was abandoned as of seperation. Could you suggest what to do next as lawyer has no suggestions.
Amazon
12/30/2013 9:54:01 AM
Total Posts: 591
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You can withdraw the I-130 petition if you like. You only have to let USCIS know by contacting them. You can continue with the employment based application (I-140 and I-485).
Amazon
12/30/2013 10:08:39 PM
Total Posts: 591
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One of the stages for f2a category is in person interview with you and your spouse. Before the interview you are required to take an oath of truth. Since you are currently not together, you are required to mention that during the interview. Since it was less than 6 months old, the interviewer may not be convinced. You can try though - talking to a good lawyer experienced in this would be more helpful. You also have the option of EB category. You just have to wait for the date to be current.
Sunshine
12/30/2013 10:16:50 PM
Total Posts: 22
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I did not go to interview as we were seperated and the appointment indicated that both should come together. Shall I go for the interview alone? Or create a service request?
Amazon
12/30/2013 10:32:25 PM
Total Posts: 591
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The interviewer would ask about your spouse during the interview, if he is not present. I would recommend talking to a good lawyer.
Sunshine
2/10/2014 7:49:09 PM
Total Posts: 22
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[quote=Amazon;7621]You can withdraw the I-130 petition if you like. You only have to let USCIS know by contacting them. You can continue with the employment based application (I-140 and I-485).[/quote] Thanks withdrawn!!!


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