Q: How do I find that my wife might had used my identity without my concern to file a I-130 and I-864 for her mother?
I am a US citizen and my wife is a naturalized US citizen from Philippines. My wife never had a stable job or good credit history. I have a stable job with US military and good credit history. My wife and I are not in good terms for a while started our divorce process now. She has several boyfriends while married to me. Now she is openly living with a boyfriend since March 2019. I recently heard from her that her mother got visa approved in Philippines. I own a home with her. Since she has bad credit history, the loan is in my name. I am worried about supporting her mother's stay in USA. I never signed and filed any papers with US Immigration on behalf of her mother. How do I stop her mother's I-130 process so that I don't have to support her mother's stay in USA?.
A:
You can't. It is your wife's I-130 petition, not yours. That said, it seems like you should divorce her.
Note, If you never signed the I-864a or I-864 form, then you certainly have a defense. Your wife may have even secured a different joint sponsor for her mom. In general, the DHS and your soon to be ex-mother in law may not be in a position to do much. If your wife supports her mother, or there is a medical emergency, then it seems very unlikely that you will be impacted if you are divorced at the time. If somehow so, then you may be able to defend yourself with a competent family attorney who may seek co-counsel, if needed.
If you are still confused, then I strongly recommend that you find a competent and experienced immigration attorney, who can take enough time to explain the situation and how to respond. A reasonable fee for legal advice may be well worth the perpetual aggravation. I have limited my practice to immigration and visa law for nearly three decades.
The above is general information, not legal advice, and does not create an attorney client relationship.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.