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My spouse married me for greencard. Can I withdraw his application?

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  • My spouse married me for greencard. Can I withdraw his application?

    Hi,

    I applied for employment based green card through my employer and applied for my husband's marriage based green card too and we got approved in the interview. Unfortunately in March bulletin, dates for EB3 category retrogressed and my priority date isn't current anymore, so I'll have to wait for it to be current. My husband and I are both on H1B and have been in the US for a while. I met him through a friend and we dated an year before getting married. He was really good to me before marriage but right after marriage and right after initiating the i485 application, he started treating me really badly, would fight with me a lot, control me all the time and made me miserable. I thought it was just a phase. Right after the green card interview got scheduled, he was nice again. Then after the approval, he started fighting again and a month after the interview, he asked me for a divorce out of no where. Now he keeps talking about ending the marriage but doesn't make anything official. I believe, he is just trying to buy time, so that the priority date becomes current again and he gets his green card. I don't want him to get this advantage, after treating me so badly. Can I contact USCIS to withdraw his application, without affecting mine?

    I know some people would think that I am doing this out of spite. But, I am genuinely concerned that he is a fraud and for him the marriage was only for green card and I don't want to be pulled into this fraud for my own sake.

  • #2
    I guess you can revoke his I485 application, but he will still be able to get his green card on other categories (like VAWA - read about it online).

    You may also report your suspicion to USCIS that you were an innocent victim & he married you only for green card. But if there is any reason for USCIS to suspect that you were complicit in the fraudulent marriage, you could also be investigated.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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    • #3
      Originally posted by Libra_14 View Post
      I guess you can revoke his I485 application
      How would she be able to "revoke" his I-485 when the I-485 is not filed by her? I-485 is filed and signed by the beneficiary alone.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        Originally posted by newacct View Post

        How would she be able to "revoke" his I-485 when the I-485 is not filed by her? I-485 is filed and signed by the beneficiary alone.
        My guess was incorrect then
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        If my opinion helping you, then please do click "like" button below.

        Comment

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