At Landerholm Immigration, A.P.C., we regularly speak with U.S. citizens and green card holders who are considering withdrawing the I-130 petition they filed for their spouse. Maybe there’s been a falling out, a serious argument, or you’re just unsure about the relationship. Whatever the reason, it’s critical that you understand what this step actually does—especially how it affects your spouse’s immigration status.
Withdrawing an I-130 is not just canceling a form. It can leave your spouse out of status, vulnerable to deportation, and without a clear path to stay in the U.S.—even if they’ve been living here lawfully.
What Happens When You Withdraw the I-130?
When you submitted the I-130 petition, you told the U.S. government:
“This person is my spouse, and I want to sponsor them for a green card.”
If you take it back, the government treats that as a retraction of your support. And that has serious, real-world consequences:
- Your spouse’s green card application will be denied or terminated.
- If they don’t have any other valid status, they could be placed in removal (deportation) proceedings.
- If they’re already in proceedings, withdrawing the I-130 could destroy their defense.
- If you say anything negative in your withdrawal letter (accusations of fraud, for example), that will follow them permanently.
You may think this is just about your relationship—but for the immigrant spouse, it could mean losing their entire life in the United States.
If You Withdraw in Anger, They Could Face Deportation
We’ve seen cases where petitioners, in the heat of an argument, send letters to USCIS saying:
- “She only married me for a green card.”
- “He lied to me about everything.”
- “The marriage is fake.”
Sometimes the petitioner later regrets what they wrote—but by then, it’s too late. These types of statements can destroy any future immigration case for your spouse. Even if you try to refile later, USCIS will have those past allegations on file.
And for the immigrant?
It can mean immediate denial, loss of status, and possibly deportation.
What If You Withdraw During the Interview?
At marriage-based green card interviews, especially Stokes interviews, USCIS officers may separate you and your spouse. If they suspect fraud or want to pressure you, they may say things like:
- “You’re committing immigration fraud.”
- “We have evidence your spouse is cheating.”
- “You could go to jail if you keep going.”
We've seen cases where the U.S. citizen or resident gets so scared or manipulated that they sign a withdrawal on the spot—sometimes without even telling their spouse.
When this happens, the spouse is left completely in the dark—until they receive a denial or a notice to appear in immigration court.
This can all be prevented if you don’t go to the interview alone. When you bring an attorney from Landerholm Immigration, officers are far less likely to pull these kinds of tactics.
Withdrawing Can Leave Your Spouse With No Status—and No Way Back
When you withdraw the I-130:
- Your spouse may lose their work permit.
- They may no longer qualify for healthcare, driver’s licenses, or other benefits.
- They may not be able to adjust status or get another visa in the future—especially if you accused them of wrongdoing.
- If they are placed in removal proceedings, they may have very limited ways to fight it.
In other words, it’s not just “canceling the case.” It could turn their entire life upside down.
You Might Not Be Able to Fix It Later
Many petitioners later come to us saying,
“I didn’t know it would go this far.”
“I was angry—we’ve made up now.”
“Can I just refile the petition?”
In some cases, yes. But if your withdrawal included damaging statements—or if USCIS has already acted on it—it may be too late. Even if you refile, they may not believe the marriage is genuine.
One emotional decision can have lifelong immigration consequences for your spouse.
Before You Withdraw, Talk to an Attorney
If you’re unsure about whether to withdraw, don’t rush it.
We recommend:
- Waiting 24–48 hours before mailing anything to USCIS.
- Not putting accusations in writing unless you're absolutely sure you mean them.
- Consulting with a qualified immigration attorney first.
If your relationship is truly over, there may be other steps to take. But if you're just angry, hurt, or confused, we strongly advise against making a legal decision that can’t be undone.
Need Help Deciding What to Do?
We’re here to help. At Landerholm Immigration, A.P.C., we work with petitioners and immigrant spouses every day. We’ve seen both the heartbreak and the healing. And we’ll give you an honest, experienced opinion about your options—without judgment.
📞 Call us today at (510) 488-1020
🌐 Visit landerholmimmigration.com
Your decision could change someone’s life. Make sure you fully understand the consequences before you make it.
You can watch a video on the matter, right here: https://youtube.com/shorts/vbKQ0qmLqI4