Legal Question in Immigration Law in New York

Sponsor/Spouse has left me

I recently married (June 2005) my boyfriend of two years, who is also my peitioner. We just submitted my I-130 (about a few weeks ago) and all of a sudden, he started to act different (distant) with me. I received a call today from him stating that he no longer has any interest in being with me and that he is not coming back home, has a new girlfriend and a newborn baby. He no longer wants to participate in being my sponsor. This will have a major impact on the I-130 I just submitted. Should I request that my case be closed. We are still legally married, but will I get deported?


Asked on 3/14/06, 11:35 am

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Sponsor/Spouse has left me

This will have an impact, but it will not be fatal.

The fact that he has not been faithful to you will not affect your petition. That he no longer co-habits with you will affect your petition.

But you have many plusses: 2 years, period of co-habiting, and that the split was caused by his lack of faithfulness. You must still show that the marriage was 'real' and not a fraud to establish resident status for you. This is still possible.

You are welcome to a consultation for no fee. Please make an appointment by email.

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Answered on 3/14/06, 12:22 pm


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