Immigration Issues/Difficult situation

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Question

My wife who is Colombian descent and british citizen last November 30th 2005
were married. We began her process and she now has her work permit . She wanted
to have a Baby immidiately because of our age (39) and she also wanted to bring
her daughter from England. Since her daughter arrived in July my life has been
awful and out of control.Her daughter disrespects me and my wife and her team
up against me and Im the Bad guy. Ive filed for divorce on Sept. 25 and wanted
to know how long does her daughter have in the States. She didnt come in as a
student and since I filed for divorce obviously Im not sponsoring her daughter.
How long can she legally be in the United States? Im not living in my own house
because she called the police because she was scared and when I go see my Baby
all she does is insult me and tries to provoke me. Please let me know where I
stand. Thank You


Answer
Hi,

I am assuming that the marriage interview with the USCIS where you are both present has not yet occcurred. Therefore, your wife (and your stepdaughter as well) is not yet a resident of the U.S. and therefore has no rights. You can send a letter to the USCIS revoking the I-130 petition (petition for alien relative) that you signed for both your wife as well as your stepdaughter. The letter can be sent to the USCIS address noted on the I-130 receipt notice that you received shortly after filing all paperwork with the USCIS. Moreover, if the marriage interview is still scheduled, your absence from the interview will be further evidence of your lack of interest in continuing the sponsorship. Your wife and stepdaughter will be unable to receive conditional or permanent resident status in the U.S.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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