How do I remove my support for my wife’s immigration status?


Q: My wife was here for 5 months and became pregnant by another man. I found out by mistake after things went wrong, and she needed surgery. She has admitted to me this happened as I am fixed for 4 years. How do I remove myself as supporting her immigration status? I want a divorce, as I feel she used me to get residency? We have not had the interview at this time, it is in a couple of weeks.

A: If she has not received conditional green card, you can withdraw your I-130 petition so she will not receive green card and therefore, you are not on the hook to support her at all.  If she has obtained conditional green card based on your petition and your sole affidavit support, then you are on the hook to support her even if you divorce her.  Your obligation will only cease if she is dead; becomes US citizen; loses her immigrant status; has 40 or more social security points; readjust her status to permanent resident on other basis or permanently leaves the US.