Let's face it -- most people do not make well thought out decisions when they are upset.  When we are mad at our spouses we may say and do things that we later regret. So what happens  if your spouse withdraws the I-130 petition as a result of an argument, and you both have since reconciled?  Should you notify USCIS and inform them that you are now "back together" and want to proceed?

Once USCIS receive notice to withdraw the petition; it dies!  There is nothing that can be done to reinstate this I-130 petition. The immigrant spouse cannot prevent the US citizen spouse or lawful permanent resident spouse from withdrawing their petition.  If the spouses "kissed and made up" and want to proceed with the green card processs, a new I-130 petition is required. You will need to submit a new filing fee and supporting documents to show you and your spouse are in a "bonafide" (real) marriage. You will have go to another biometric appointment (even if you had done so on the previously filed petition). 

It must be noted that your green card interview may be hard since the immigration officer or consular officer will want to know about the previous petition and the reason it was withdrawn. You and your immigrant spouse may be under a microscope  and questioned heavily because they will think that your marriage is not "bonafide."

Similarly, if you are divorced before USCIS made a decision on your I-130 petition, USCIS will deny the petition as soon as they find out. If the I-130 is apart of an adjustment of status application (if the immigrant spouse in the United States) , the I-485 (Application to Register Permanent Resident)  and  I-765 (Employment Authorization Card) applications will be denied. USCIS will not approve an immigrant visa  if the couples divorce.

Likewise, if the I-130 has been approved, you paid your immigrant visa fees, submitted your documents to the National Visa Center (NVC) and affidavit of support, but not the DS260 and got divorced, the consular will approve only if you can prove that the divorce was not valid. 

If you are in this situation or have questions about what was discussed in this blog, please contact us.

Dahlia Radcliffe-Castillo, a Jamaican immigrant, has been practicing immigration law for the past five years. She practices solely immigration law to ensure she develops the expertise in one area of law and stays up to date with the latest changes instead of juggling several areas of law. She represent clients throughout the United States and the world.

#immigrant #greencard #lawfulpermanentresident #I130petition #I485petition #I765petition #DS260 #EAD #marriage #fayettevilleimmigrationattorney #immigrationlawyer #fayettevillelawyer