What Happens If Your Spouse Withdraws Support During the Green Card Process?

The journey to obtaining a Green Card through marriage is built on the foundation of a shared life and mutual support. When that support is unexpectedly withdrawn by your spouse, it can feel like your entire future in the United States is in jeopardy. At Kriezelman Burton & Associates, LLC, we understand the profound stress and uncertainty this situation creates. A spouse withdrawing their petition is a serious obstacle, but it does not automatically mean deportation. We are here to provide the assured legal guidance you need to explore your options and protect your rights.

How USCIS Verifies a Legitimate Marriage

U.S. Citizenship and Immigration Services (USCIS) invests significant resources into verifying that a marriage is “bona fide”, that is, entered into with the genuine intent to build a life together, not just to obtain an immigration benefit. From the moment you file your initial petition, your case is under scrutiny.

Officers look for evidence of a shared life and also for potential red flags.

• Common Verification Procedures: This includes reviewing the extensive documentation you provide, conducting a detailed interview (the Stokes interview) where you and your spouse are questioned separately, and sometimes making unannounced site visits to your home.
• Red Flags: Adjudicators are trained to look for inconsistencies. These can include different answers to interview questions, a lack of shared financial documents, significant age or cultural differences, and a history of prior marriage-based petitions.

Proving Your Marriage Was Bona Fide

Even if your spouse withdraws their support, the most critical element of your case remains proving your marriage was entered into in good faith. You must demonstrate that, at the time you were married, you intended to live as a married couple. Strong evidence is your best defense.

Essential documentation includes:

• Financial Commingling: Joint bank account statements, joint tax returns, joint credit card statements, and life insurance policies listing each other as beneficiaries.
• Shared Residence: A lease or mortgage in both names, utility bills addressed to both of you at the same address, and copies of both of your driver’s licenses showing the same address.
• Evidence of Your Relationship: Photographs together over time (with family and friends), travel itineraries from trips taken together, and affidavits from friends, family, and community members who can attest to the legitimacy of your relationship.

Implications of a Withdrawn Petition

When a U.S. citizen spouse withdraws the I-130 petition or I-864 Affidavit of Support, it triggers an immediate review of your case. If the withdrawal happens before your Green Card is approved, USCIS will likely issue a Notice of Intent to Deny (NOID). If it happens after you have received a two-year conditional Green Card, it complicates the process of removing those conditions.

The key is to act quickly. You may still have options available, such as filing a self-petition under the Violence Against Women Act if you have been the victim of battery or extreme cruelty by your spouse. For those with conditional residency, you may be able to file for a waiver of the joint filing requirement if you can prove you entered the marriage in good faith, but it was terminated, or if you would suffer extreme hardship if removed from the U.S.

Contact Us

This situation requires legal representation. The team at Kriezelman Burton & Associates, LLC, is prepared to offer the empathetic support and professional advocacy you need. We will help you understand your rights and build the strongest possible case to secure your future in the United States.

If your spouse has withdrawn support for your Green Card application, contact Kriezelman Burton & Associates, LLC, today.