A Nigerian caller had done everything right. He entered on a B1/B2, married a natural-born U.S. citizen he met on a dating app, had a green card interview that went well, and was told he would get a two-year card once the country ban cleared. Then a single argument over a property purchase unraveled it. Within three days his wife emailed to pull his name off a deed, sent a withdrawal notice to USCIS, and filed a divorce complaint accusing him of marrying for immigration benefits.
The withdrawal is the part he cannot undo. Under 8 CFR 103.2(b)(6), a petitioner can withdraw a petition any time before the case is decided. A marriage green card runs entirely on the citizen’s I-130; once she withdraws it, there is no petition left to support his I-485 or his I-765. Founding attorney Jim Hacking did not soften the read.
mic What the Attorney Says
“I always say to people in situations like yours, you know, red light, yellow light, green light. This sounds like a screaming red light.”
He sent USCIS a 120-page rebuttal with photos, joint bank statements, and a history of the relationship. Hacking noted the government already had most of that, and that a rebuttal does not put the fraud allegation back in the bottle. Whatever a citizen spouse says against an immigrant stays in the file.
mic What the Attorney Says
“whatever bad thing she said is a bell that can’t be unrung. That’s in your record forever.”
One detail sharpened the case. The wife’s sister, a licensed attorney, had signed G-28 appearances for both spouses, then prepared the withdrawal and the divorce. An attorney who represents both the petitioner and the beneficiary cannot pick one client over the other when their interests split. Hacking flagged the option, without recommending he use it.
mic What the Attorney Says
“you could file a bar complaint against her for sure. Because that attorney by signing G28s on behalf of both of you lost the right to pick her sister over you.”
What comes next is the reason he was thinking about leaving. A withdrawn I-130 does not just stall the case; it triggers a denial, and these days a denial of a removable applicant tends to be followed by a charging document.
mic What the Attorney Says
“I think that sometime in the next couple weeks, you’re going to receive a denial notice of the 485 and the 765. They will explain that the underlying I130 was withdrawn. And I would suspect these days that you’re also going to receive in that mail or shortly thereafter a notice to appear in deportation court.”
The caller had already landed on going home, and Hacking thought that was the right call. Better to document a voluntary departure to USCIS, with proof, than wait for a notice to appear. He credited the caller for not reaching for a VAWA self-petition. That relief under INA 204(a)(1)(A)(iii) exists for spouses of citizens who suffered battery or extreme cruelty, and an angry withdrawal after one fight is not that.
A marriage case sits in the petitioner’s hands until the green card is approved, which is why a spouse who withdraws a petition can end a case overnight. Immigrants whose relationships turn should understand, before it happens, that the denial and the court date now arrive within a few weeks of each other.
Sources
- 8 CFR § 103.2(b)(6) — Withdrawal of a benefit request before decision (Cornell LII) open_in_new
- 8 U.S.C. § 1154 — Petitions, including VAWA self-petitions under 204(a)(1)(A)(iii) (Cornell LII) open_in_new
- USCIS — Form I-130, Petition for Alien Relative open_in_new
- USCIS — Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative open_in_new
- USCIS — Form I-360, including VAWA self-petitions open_in_new
- Immigration Answer Show — live broadcast (July 17, 2026) open_in_new