Legal Question in Immigration Law in Virginia
Immigration law
I went to Cuba 3 yrs ago April 2005 and I married a cuban lady and after arriving in the US I filed an I-130 which was approved for her and her 2 teen age kids. In April 2008 she finally arrived in the US but that same day she moved in with her sister and has since had no contact with me. It--name removed--been 7 months since she arrived and I feel like an idiot who has been taken advantage of. I also fiiled an I-213A Affidavit of support, which her sister has told me that I need to shut up and go to the interview in the next year and a half and say we are still married AND LIVING TOGETHER and they might let me off the hook.I am immediately filing for divorce and have an appt. with an INS immigration officer to withdraw my sponsporship and affivadit of support, since she only has a conditional 2 year visa. She is not a legal permanent residence, not yet.Here is my question....I HAVE READ ONLINE THROUGH THESE LEGAL FORUMS THATUNTIL THE SPONSORED IMMIGRANT HAS HAD HER STATUS CHANGED TO PERMANENT RESIDENT AND SHE HAS DEMONSTRATED A GOOD FAITH MARRIAGEI CAN STILL WITHDRAW MY AFFIVADIT OF SUPPORT WITHIN THE FIRST 2 YEARSAS LONG AS SHE IS NOT YET A LEGAL PERMANENT RESIDENT (LPR).WHAT CONSEQUENCES DO I HAVE FOR WITHDRAWING THIS PROC
1 Answer from Attorneys
Re: Immigration law
I suggest that you immediatey withdraw the I-130 petition. You wll not be responsible for her support if you withdraw. That should take care of the problem. If she hasn't been living with you since she arrived here, it would be very difficult to convince any officer that your marriage was bona fide and she did not marry you solely for documents. Go get the divorce and don't be so gullible next time. Good luck!
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