I-751 petition withdrawal wife convicted of a crime

[ErnestH24]

My wife and I filed a joint I-751 petition in April. At the end of May we received a letter from USCIS saying we will be receiving a letter for an interview date. On June 13, 2009 My wife broke down and told me that she committed a petty thief crime on September 12, 2007. She didn’t tell me about it because she was ashamed. She was convicted of a misdemeanor and sentenced to 3 days in jail. She told she was going out of town with a church group. Because I was unaware of her conviction when I filled out the I-751 petition in April 2009 I marked the box of “no convictions” for my wife. Two days later my wife informed me that I made a simple error on the I-751 petition and so she had filled out a new I-751 petition to fix the error. On June 13, 2009 she admitted to me I did not make an error. Because I did not know about her conviction and she changed the I-751 petition to indicate that she had been convicted of a crime. She admitted that she tricked me into signing the I-751 petition with the convicted of a crime box checked hoping that I would not notice the convicted of a crime box checked. I decided to file for divorce on June 18, 2009. Because I found out she is having an affair with another man for the last 2 months. On June 20, 2009 I received the letter for the interview date with USCIS for July 8, 2009. I called USCIS about withdrawing my I-751 petition and they said just turn in the interview letter with and explanation of the reasons why you are not going. I did that on June 22, 2009. Is this all I need to do to withdrawal my petition? What are my wife options now? Does she have to file a joint wavier I-751 petition? Will the conviction of a crime hurt her petition? Will she get deported? She is from Taiwan.

[Nav102]

Originally Posted by ErnestH24

My wife and I filed a joint I-751 petition in April. At the end of May we received a letter from USCIS saying we will be receiving a letter for an interview date. On June 13, 2009 My wife broke down and told me that she committed a petty thief crime on September 12, 2007. She didn’t tell me about it because she was ashamed. She was convicted of a misdemeanor and sentenced to 3 days in jail. She told she was going out of town with a church group. Because I was unaware of her conviction when I filled out the I-751 petition in April 2009 I marked the box of “no convictions” for my wife. Two days later my wife informed me that I made a simple error on the I-751 petition and so she had filled out a new I-751 petition to fix the error. On June 13, 2009 she admitted to me I did not make an error. Because I did not know about her conviction and she changed the I-751 petition to indicate that she had been convicted of a crime. She admitted that she tricked me into signing the I-751 petition with the convicted of a crime box checked hoping that I would not notice the convicted of a crime box checked. I decided to file for divorce on June 18, 2009. Because I found out she is having an affair with another man for the last 2 months. On June 20, 2009 I received the letter for the interview date with USCIS for July 8, 2009. I called USCIS about withdrawing my I-751 petition and they said just turn in the interview letter with and explanation of the reasons why you are not going. I did that on June 22, 2009. Is this all I need to do to withdrawal my petition? What are my wife options now? Does she have to file a joint wavier I-751 petition? Will the conviction of a crime hurt her petition? Will she get deported? She is from Taiwan.

I would recommend that you turn in the interview letter with and explanation of the reasons why you are not going.

I think it would be very difficult for her to get Permenant residency without your support on this application. The Misdemeanor conviction usually can be waived by the Immigration officer to grant Perm Residency and is not a big issue. I think you should go through the normal legal process (separation , divorce ...) . I really doubt she will be deported if she marries the other person.

[milan79]

She needs to wait when the divorce is finalized and she can file a new I-751 this time waiver based. She will have to disclose documents showing that the marriage was entered into good faith and not for immigration benefits. She has a big chance of an approval, however her conviction might make it a lot harder to get approved. I would suggest that she hires an immigration and criminal defense attorney. But why would you care, you don't deserve what she has done to you. Firs of all, she lied to you about the conviction and on the top of that she cheated on you. She is nothing but a cheater and a liar. You deserve better than that man. But seriously , she might be approved when she file I-751 ( I know that from my own experience). Wish you the best man.

[Triple Citizen]

Just bear in mind that the I-864 is still in play.

Originally Posted by ErnestH24

Is this all I need to do to withdrawal my petition?