Centreville, VA asked in Divorce and Immigration Law for Virginia

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?.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

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.

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