QUESTION
What benefits does my wife keep after withdrawing from an adjustment of status due to us failing our interview
Asked on Jan 03rd, 2016 on Immigration - Connecticut
More details to this question:
My wifes visa expired years ago. We got married recently and applied for an adjustment of status but I withdrew from it because we failed our interview and I didnt want to risk getting accused of fraud due to my government job and the reason being simply because i didnt involve my wife in our bills since i pay for everything for example rent electricity phone bill etc. She received her work permit and social security but i dont know how long thats going to last and if for some reason things dont work out and we get divorced I don't know where she stands since she's here illegally.
1 ANSWER
Your withdrawing a petition does not insulate you from a finding of fraud. In some instances, it can make the matter worse. Your wife will have no legal status of right to remain in the country. Her work permit will become null and void upon issuance of a decision denying her green card application. Your wife could find herself in removal proceedings. I encourage you to work with an attorney if your goal is to keep your wife in the country and acquire status for her.
Answered on Jan 04th, 2016 at 4:59 AM