I suspected a lot of this in a previous thread... there is lot more background information there.
http://forums.immigration.com/showt...ecision-cannot-be-made)&p=2155150#post2155150
Prima facie, your case seems suspect. You have been living in US just over 55%, your wife has not traveled with you 4 out of 6 times, and now it seems your wife wants to divorce you.
Even if you withdraw your application, the fact that you were asked for additional evidence and chose to withdraw the application will remain in the file. It is low probability they will come after your green card, but it is possible if they suspect you indulged in marriage fraud with the intention of getting the green card.
Why can't you get the proof? A 1 week visit to India will let you visit doctors / hospitals which treated your mother, and get all the evidence you need. Same for your wife's travel - it should not be hard to get proof. Having come this far, why would you abandon it for just a couple of pieces of information?
This may be more than just a couple of pieces of information.
I don't think providing medical records is going to help as USCIS isn't asking only for medical records (perhaps they know that it is not possible for them to tell what is real and what is fake - especially from other countries).
They're asking for 2 things:
1. Prove that your trips to India were necessary and that you not making the trips would have caused extreme hardship to your mother. USCIS has framed this question quite well as it will be tough to answer this to USCIS' satisfaction. I.e. if it was critical for you to be in India, then why weren't you there for all the time, and if you weren't needed there all the time, then perhaps your presence in India was not critical and you opted to stay in India instead of the US. Hence your links with the US are not strong. The next questions flow from the assumption above. If you were staying in India when you weren't really required there, perhaps your marriage is not stable/sustainable.
2. Prove that your wife actually went with you to India. (USCIS suspects that she didn't make the trips. They can't search her travel records as they don't have her permission to do so and they don't want to get a search warrant for this)
Raosaab, I'm looking at your travel dates here... and your application is approximately 3 yrs - 90 days from your first travel trip listed.
Were you married for long before you started splitting time between the US and India? If not, then you may also want to start collecting evidence to prove that the marriage was genuine to begin with.
There is a second twist to this case. You should also be able to articulate how you went from a stable/sustainable marriage at the time of the interview on Feb 12 to withdrawing an application due to a pending divorce 10 days later.
I would think that a conversation with a lawyer would be beneficial at this point to see if you can salvage anything. If you 'extended' the facts a bit in your N400 and/or with the IO (I'm hoping you didn't), let the Lawyer know so they can advise you best on your next course of action.
OTOH, if you can get copies of at least your wife's entry/exit stamps, proof of travel directly from the airline (for a small fee - used to be $15 per trip about 10 years ago) then provide them with the information they need regarding your mom's medical condition, who took care of her during your absence and why they couldn't take care of her all the time, send the info to the IO in addition to requesting withdrawal of your case.
The IO does not have to agree to let you withdraw your case, so if you don't give them the information they need now, they may summarily deny your case with an adverse notation on your A-File. They may ask you for the same information again when you apply next, so if you think its difficult to collect this information now, it'll be even more difficult years from now.
On second though, talk to a lawyer anyway.
