Can a USC Spouse Cancel a jointly filed I-751 after it has been filed

[Janus007 0]

Hi people,

I have been a long time member of these boards but I am posting this under a sudernim for reasons that will become obvious soon.

I married my USC spouse, and have filed to remove the conditions on the permanent residence (currently waiting for the petition to process). However my relationship with my USC spouse could best be described as strained (it has only been like this recently the first 18 months were gloriously happy). I desperately want to keep the marriage together however every time I have an argument with my spouse their favorite thing to do is threaten to "pull my visa" or threaten that unless I give certain guarantees of support if they were to leave. As you can imagine this has me quite worried.

my question is that my spouse signed the ROC forms willingly and of her own free will and volition, what can my spouse do to "pull my visa" after the paperwork has been filed and received by the USCIS.

The obvious thing that they could do would be to refuse to attend any interview but there is no guarantee that we will get one of those. They also threaten to call the USCIS and "cancel my visa" petition but I am not sure they can do that? (I filed the patition not only with their knowledge and written signature but a large volume of documentary evidence to prove a joint life it must have been 200 pages or more).

My question is, I understand that the review that happens at the ROC phase is just to determine that the marriage "was not for the purposes of avoiding immigration" (which it in-fanatically was not). So the only thing that my spouse could claim is that the marriage was a fraud, and since they signed papers that is was not and vouched for me they would get them selves into trouble.

So what can my USC spouse realistically do to cancel or derail my ROC?

Thanks

Janus

[JimVaPhuong 4,863]

She doesn't have to claim fraud in order to "derail" your ROC. She just has to withdraw her support of your petition, basically stating that the marriage is on the rocks and she's not going to cooperate with any further USCIS processing. Assuming USCIS get's her notice before they adjudicate the petition, this would force you into a position of having to self-petition with a waiver request.

If she did claim there was fraud, she would only implicate herself if she stated she became aware of the fraud before she signed the I-751 or any other documents related to your immigration. USCIS tends to be skeptical of claims of fraud from an estranged spouse in a collapsing marriage unless hard evidence is provided. More often than not, these claims turn out to be "sour grapes", and the accuser has no real solid proof of fraud.

She can't "pull the visa". You're long past the visa stage. The only thing she can do at this point is withdraw her support for your ROC.

Your best course of action would be to continue waiting on your ROC, but be prepared for the possibility that you might have to refile with a waiver request. It sounds like you have sufficient evidence. Focus on your marital problems.