Impact of withdrawn I-130 petition on future sponsorship eligibility

[Ill-Collection-50 0]

Hi everyone,

I’m trying to understand how USCIS views a previously filed I-130 petition that never resulted in a visa or interview.

In 2023, a U.S. citizen filed an I-130 for their spouse. That petition wasn’t processed fully — no visa issued, and no consular interview. The couple is now divorcing, and the petition will be withdrawn.

Looking ahead, the same petitioner may wish to sponsor someone else in the future (in a valid relationship).

Will the withdrawn I-130 raise red flags for USCIS? Are there known issues with future petitions if a prior one was abandoned or withdrawn before adjudication?

Thanks for any experience or knowledge you can share.

[Boiler 47,496]

Yes just think what the odds are needing to file consecutive I 130s

[OldUser 9,971]

Old I-130 needs to be withdrawn if still pending.

There's nothing more confusing than two spousal petitions for different people.

Of course, new petition will be affected negatively to some degree.

[S2N 325]

It’d be easier to give a more helpful answer if you provided details rather than discussing a hypothetical case.

[JeanneAdil 7,089]

Truth is you will not know till interview takes place

Step 1 : file I 130 with all supporting documents including divorce papers /and withdrawal of 1st I 130

Step 2: NVC needs ds 260 and I 864 so if criminal background of bene and your income plus other supporting documents are in order, the case will be dq'd

Step 3:  interview this is where is matters and CO has final say

religion and view of divorce may count

why divorce may count (like is it because you met new spouse while married )

time spent with new spouse will count

time between 1st marriage and divorce may count

bene  knowing all about the 1st marriage is vital

embassy will count 

if new spouse is from same country will count

if there are children with 1st spouse and you support them will be looked at

 

At that point , you have paid out a lot of money for fees and trips to spend quality time with 2nd spouse 

and waited for over 2 years 

 

not sure why anyone would go thru all that 

 

 

[pushbrk 13,616]

It might be an issue depending on the totality of circumstances, but without further details, I can only say that in and of itself, it has no more negative impact, than an additional divorce would.  Whether any future petition is approved will be about that relationship.