Hi I am conditional PR from past 4 months. My USC wife is angry with me due to some non specific reasons and now she is very mean to me and she also wants divorce from me. She threatens me that she will withdraw her petition OR she will say USCIS that she is did not submit I 130 to USCIS. Is that possible!!!!!!!? It looks like a big joke but it really worries me. Our interview is over 4 months back and we had enough documents to say that our marriage is true and our case was approved on same day. Please advice. It is advisable to consult attorney immediately?
Though you are already given good feedback, I'll try to recap concisely for a better understanding-
(A) You do NOT need any immigration attorney at this time; but you might need a matrimonial attorney. Immigration attorney cannot do anything for you at this time except telling you exactly what you are hearing here. But why matrimonial attorney? Because if you think and believe that your marriage is not working and/or wouldn't work no matter how hard you will try and would prefer it to end then you would need to obtain a divorce as soon as possible than hanging in to your marriage.
I by no means suggesting that you should jump on getting a divorce to end your marriage; instead everyone (legal, illegal and US citizen) should always work on their marriage to save it regardless of immigration matter involved or not. They should do anything and everything to save the marriage, but as we all know that sometimes no matter how hard we try, relationships just don't work, and sometimes it's better to end the relationship than hanging on to it. Besides, one could only be judge of his/her own situation/circumstances in the relationship. Thus, you are the only who know if your marriage could be saved or not, or if there is a chance to work things out or not.
A lots of LPRs mistakenly think that if they hang on to their marriage, they will be able to keep their immigration status which is NOT true at all; instead it could jeapordize immigrants' chances to obtain a full LPR more and even deport them for good with lifetime bar. I've made a posting a few days ago on a subject similiar to yours wherein I mentioned why it's so important to cut off all the contacts with US citizen spouse in case of threats/heated arguments and particularly when relationship doesn't seem to last...
http://forums.immigration.com/showthread.php?t=293957
(B) Your wife can NOT withdraw anything anymore. Why? Because the petition (I-130) that she filed for you to obtain a LPR has already been approved. Once an application/petition is approved, it cannot be withdrawn but it can be revoked by USCIS only if they find a fraud or a mispresentation to a material fact. Further, in order to prove fraud or a mispresentation to a material fact, USCIS would need a convincing evidence to such allegations/findings than just someone's word and testimony alone; otherwise USCIS will lose the case in immigration court in appeal.
Do you know that US citizen-spouses in 9 out of 10 marriages between an alien and a US citizen that end with fighting/argument/animosity and dispute always contact USCIS claiming marriage-fraud and all kinds of allegations to revoke the immigration status of alien-spouses?? But USCIS never pays attention to such claims nor they have time to look into it unless someone provides a convincing evidence of fraud. I've handled and witnessed at least 5000 cases of this nature so far but not even one time USCIS did anything to those claims/allegations.
I cannot say why for sure, but I assume that they didn't have any evidence to take any action against alien-spouses. Besides, USCIS don't get involved in personal issues/fight/vandetta between parties. That being said, your wife can NOT withdraw anything anymore. Of course, she can make noise and threat you to do this and that, but those are just empty threats even if she herself doesn't know that she cannot do anything. She might mistakenly believe that being a US citizen and a petitioner she could withdraw what she filed for you and make you lost your status, but it doesn't matter what she thinks; rather what laws are and how these kinds of situations are handled by USCIS.
(C) When she says that she will tell to USCIS that she didn't submit I-130 then what does it mean? She is the one who signed that form, right? She did go with you to interview for AOS for you, right? If so, then she can say whatever she wants, but there is nothing she could do. By denying submitting Form I-130 for you, she would herself create a lot of legal problems because when she signed the form I-130, she certified making all the statements in there under penalty of purjery. And obviously, she was under oath when she appeared at the interview with you for your AOS interview. She had the chance to withdraw it or to tell the officer that she didn't submit it, but she didn't. So her to make all these claims now will put her in a big trouble with laws. You have nothing to worry about it so long you did not forge her signature nor forced her to go to interview with you and lie there.
(D) You are a conditional green card holder now. You can be able to remove the condition on your conditional green card by your own. You don't need her. All you would need is-the documents to prove that you entered into the marriage under good faith. That's all. So, start gethering and saving those documents before your wife could get rid of them. They are your life savor to obtain a full LPR. If you have filed some of them along with your other applications with USCIS then you will be able to obtain those documents from USCIS by requesting the whole record.
Of course, you would also need a divorce decree. Just make sure not to give her any reason/opportunity to seek out a restraining order; otherwise you will always be in the risk of being deported even if you get a full restraining order by yourself. Just you to know, she will easily be able to get a restraining order against you if she ever chooses to file a domestic violence complaint against you. Why? Because in this country, courts (family or criminal ones) always grant a restraining order to women...at least 99% of the time...with or without any finding/evidence of domestic violence. That's why it's in your best interest not to give her any opportunity to get a restraining order against you which means- cutting off all the contacts with her; otherwise she could make a false complaint that you made a threat to her life or "harrassed" her and something like that even if you might call her just to ask something or to have a friendly meeting. So be careful. Other than that, you don't need to worry of whatever she says.
Good luck...
