How do I stop her immigration?

[Habilus 0]

Unfortunately, it hasn't worked out. What started as an optimistic future has become a marriage of convenience for her and her daughters immigration. The financial and emotional toll on my children and I has been nearly unbearable.

We are at the point that the adjustment of status has been applied for and her appointment for biometrics is in 2 weeks.

Thus far, I've issued stop payment on the checks and sent letters to the national and local offices withdrawing my endorsement of the affidavit of support. All of this unbeknownst to her.

Her visa expires, coincidentally, on the 4th of July 2008.

Can I still stop her adjustment of status?

If so, will the USCIS send a letter telling her to leave the country?

Thank you for any help.

Brian

[Chica Yeyé 41]

Brian,

Sorry to hear about your situation.

You say you want to stop her adjustment of status; but your profile says "Naturalization". If it is Naturalization, there is nothing you can do.

As far as withdrawing the Affidavit of Support, I am not sure how that works, if at all. It is my understanding once you sign it, you're in. But i could be wrong, so let's hope someone else chips in with wise words.

Peace, L.

[Dan J 277]

Unfortunately, it hasn't worked out. What started as an optimistic future has become a marriage of convenience for her and her daughters immigration. The financial and emotional toll on my children and I has been nearly unbearable.

We are at the point that the adjustment of status has been applied for and her appointment for biometrics is in 2 weeks.

Thus far, I've issued stop payment on the checks and sent letters to the national and local offices withdrawing my endorsement of the affidavit of support. All of this unbeknownst to her.

Her visa expires, coincidentally, on the 4th of July 2008.

Can I still stop her adjustment of status?

If so, will the USCIS send a letter telling her to leave the country?

Thank you for any help.

Brian

She can stay until here I-94 has expired, after that, she will be overstaying her visa.

Its technically her application, so you cannot withdraw it, but you can withdraw your affidavit of support. Which will mean the application will eventually be denied.

She can leave on her own at any time, but she will not be deported until the stay authorized by the I-94 has expired. Even then, the deportation process can take awhile.

[MarkNAshley 0]

You could always file an infopass appointment and inform them that she is not here for an honest marriage and she only came to get her immigration papers, if that is the case.

[pushbrk 12,761]

You could always file an infopass appointment and inform them that she is not here for an honest marriage and she only came to get her immigration papers, if that is the case.

You could but it is not required. The OP has sent a letter withdrawing his affidavit of support and that should take care of stopping her status adjustment, for now as long as the case doesn't get transferred to California and approved without an interview. He doesn't need to give a reason.

Be aware that the expiration of a visa may or may not have any impact. The expiration of an I-94 is generally the important date. I take it this is a K1 or K3. K1 is single entry. K3 can have multiple entry for two years.

These situations can become more complicated if she still wishes to immigrate instead of returning to China. A popular strategy is to claim spousal abuse and on that basis adjust without sponsorship. The kicker for the petitioner is they have to deal with the abuse accusations. Be very careful how you handle a change of status away from cohabitation. If you've decided to divorce, get on with it very carefully.

[tito 1]

As indicated, you may disavow your declaration of support prior to the issuance of a green card. Then, yes, when faced with the prospect of deportation, a defense is that the immigrant was subjected to an abusive relationship, giving rise to the ability on the part of the immigrant to self-apply. The extent to which such a claim will or might prevail will depend on the proof. If she goes to see an attorney, they will likely send her to a psychologist for a complete work-up, and naturally, the psychologist will be friendly to the immigrant's cause AND to the attorney. So, the report that is generated will paint a VERY strong picture of violence, threats, abuse, control issues...just like the claims that are made in many, many threads in this very forum.

It's a tough case to prove fraud once you've gone as far as you did, but it's not out of the question. It will be a difficult fight, because the immigrant does not want to have the stigma of fraud on her record, and when backed into a corner like that, the immigrant will fight back with a vengence.

Sorry about your situation. You are not the first to suffer this sort of experience, and will not be the last. Good luck. Withdrawing the affidavit of support is about all you can do at this point. Indeed, these circumstances extract a HUGE emotional and financial toll on many people, and it seems that, all too often, the path of destruction left behind in the wake of the process is something that the immigrant is not really conscious of or is something that the immigrant can contemplate or regard. On the other side of the coin, the immigrant is trying all he or she can to make it, and his or her needs come first, no matter the path in their wake.

If you are still living together, things will be very difficult. If you are not, then the issue becomes support, and that will depend on your jurisdiction, how long you have been married, and a variety of other factors, in connection with divorce proceedings.

For now, your objective is to protect yourself, your children, and your assets. Sometimes, it seems as if you never really knew the person you brought here, and so you might not realize just what the immigrant is capable of, how the immigrant is being coached, and who is doing the coaching. But I'd say get into a defensive mode as soon as possible. That you have withdrawn the affidavit of support is a good thing, and that will undermine the adjustment of status proceedings, and that, in turn, will lead to deportation proceedings.

Be careful!

[Nanusia & Lukaszek 0]

Thus far, I've issued stop payment on the checks and sent letters to the national and local offices withdrawing my endorsement of the affidavit of support. All of this unbeknownst to her.

Once you mail in the application, you are responsible for the fees. If you've placed a stop payment on the checks in about 1-3 months you'll get a letter in the mail from the Dept of Treasury that you owe the amount and you must pay it asap. It is as collectible as is IRS debt. Meaning if you dont repay the stopped checks, they can seek payment through your employer.

There was a VJ member on here that found it unbearable to live with her husband and did the same. She stopped payment on the checks several days after mailing the AOS packet and was forced to pay in the end.

[diadromous mermaid 36]

As indicated, you may disavow your declaration of support prior to the issuance of a green card. Then, yes, when faced with the prospect of deportation, a defense is that the immigrant was subjected to an abusive relationship, giving rise to the ability on the part of the immigrant to self-apply. The extent to which such a claim will or might prevail will depend on the proof. If she goes to see an attorney, they will likely send her to a psychologist for a complete work-up, and naturally, the psychologist will be friendly to the immigrant's cause AND to the attorney. So, the report that is generated will paint a VERY strong picture of violence, threats, abuse, control issues...just like the claims that are made in many, many threads in this very forum.

It's a tough case to prove fraud once you've gone as far as you did, but it's not out of the question. It will be a difficult fight, because the immigrant does not want to have the stigma of fraud on her record, and when backed into a corner like that, the immigrant will fight back with a vengence.

Sorry about your situation. You are not the first to suffer this sort of experience, and will not be the last. Good luck. Withdrawing the affidavit of support is about all you can do at this point. Indeed, these circumstances extract a HUGE emotional and financial toll on many people, and it seems that, all too often, the path of destruction left behind in the wake of the process is something that the immigrant is not really conscious of or is something that the immigrant can contemplate or regard. On the other side of the coin, the immigrant is trying all he or she can to make it, and his or her needs come first, no matter the path in their wake.

If you are still living together, things will be very difficult. If you are not, then the issue becomes support, and that will depend on your jurisdiction, how long you have been married, and a variety of other factors, in connection with divorce proceedings.

For now, your objective is to protect yourself, your children, and your assets. Sometimes, it seems as if you never really knew the person you brought here, and so you might not realize just what the immigrant is capable of, how the immigrant is being coached, and who is doing the coaching. But I'd say get into a defensive mode as soon as possible. That you have withdrawn the affidavit of support is a good thing, and that will undermine the adjustment of status proceedings, and that, in turn, will lead to deportation proceedings.

Be careful!

You can't be serious! This is only one view of what *could* happen.

[mox 298]

You can't be serious! This is only one view of what *could* happen.

I'm actually quite impressed that his analysis has gone from "this is absolutely what's going to happen" to "it's probably going to happen." It's a baby step.

I do agree that in cases of divorce it's best to protect yourself. I don't think this is an immigration-only thing though. I wish I'd had the sense to protect myself more during my divorce, and we were both USC's. But taking sensible precautions doesn't automatically mean the immigrant is out to take you for everything and the police will soon be asking you where she got all those bruises. Unless you live in tito's world.

[tito 1]

Welcome to the world, then!

Don't put anything past anyone. And yes, I am serious. Lawyers have psychologists ready to testify as to PTSS based on a relationship between the USC and the immigrant, and the testimony is used as either a defense to deportation, or as a basis for self-filing, when an immigrant wants permanent resident status and things have fallen apart in the relationship.

The OP asked a question, and what I've referenced is CERTAINLY a likely course of events or, at least a good possibility.

There are many threads about how the immigrant feels abused, threatened, subjected to a controlling spouse. On the flip side, many of the stories I have encountered deal with a USC who has no idea what the problem is, that they're trying everything imaginable to make things good for their immigrant spouse, there is nothing abusive about anything they do, or anythign objectionable about their actions, but nothing is ever good enough, and the immigrant claims abuse.

[mox 298]

On the flip side, many of the stories I have encountered deal with a USC who has no idea what the problem is, that they're trying everything imaginable to make things good for their immigrant spouse, there is nothing abusive about anything they do, or anythign objectionable about their actions, but nothing is ever good enough, and the immigrant claims abuse.

Broken record much tito? Once again, for someone without an agenda, your posts have a singular theme to them. Every. Single. Post.

[zqt3344 21]

Tito may not write what you care to like or agree with, but he/she has some serious dose of reality, and it would seem that if someone(Tito in this case) does not share your view, then they are therefore just not worth listening to in your opinion, thus you snip at and attack Tito, well maybe Tito is right or maybe wrong, either case at least Tito is giving the OP the worst case scenario of what could go wrong, so why not be prepared for it and cover oneself for the worst just in case, then if things work out in the merry little romantic way you always point out Every, Single, Time the OP is still going to be just fine.

On the flip side, many of the stories I have encountered deal with a USC who has no idea what the problem is, that they're trying everything imaginable to make things good for their immigrant spouse, there is nothing abusive about anything they do, or anythign objectionable about their actions, but nothing is ever good enough, and the immigrant claims abuse.

Broken record much tito? Once again, for someone without an agenda, your posts have a singular theme to them. Every. Single. Post.

[Nanusia & Lukaszek 0]

Tito may not write what you care to like or agree with, but he/she has some serious dose of reality, and it would seem that if someone(Tito in this case) does not share your view, then they are therefore just not worth listening to in your opinion, thus you snip at and attack Tito, well maybe Tito is right or maybe wrong, either case at least Tito is giving the OP the worst case scenario of what could go wrong, so why not be prepared for it and cover oneself for the worst just in case, then if things work out in the merry little romantic way you always point out Every, Single, Time the OP is still going to be just fine.

On the flip side, many of the stories I have encountered deal with a USC who has no idea what the problem is, that they're trying everything imaginable to make things good for their immigrant spouse, there is nothing abusive about anything they do, or anythign objectionable about their actions, but nothing is ever good enough, and the immigrant claims abuse.

Broken record much tito? Once again, for someone without an agenda, your posts have a singular theme to them. Every. Single. Post.

Because not every case is going to be a run for the claim "i'm being abused" and suggesting so, almost leaves others to point in that direction.

Tito - how come you have so much knowledge on this topic? Were you in the training camp that teaches the way out 'claim abuse to get gc' or were you on the unfortunate receiving end. Because it is apparent, that each and every post, regardless of the situation you jump in with the same help and advise.

[pushbrk 12,761]

Tito may not write what you care to like or agree with, but he/she has some serious dose of reality, and it would seem that if someone(Tito in this case) does not share your view, then they are therefore just not worth listening to in your opinion, thus you snip at and attack Tito, well maybe Tito is right or maybe wrong, either case at least Tito is giving the OP the worst case scenario of what could go wrong, so why not be prepared for it and cover oneself for the worst just in case, then if things work out in the merry little romantic way you always point out Every, Single, Time the OP is still going to be just fine.

On the flip side, many of the stories I have encountered deal with a USC who has no idea what the problem is, that they're trying everything imaginable to make things good for their immigrant spouse, there is nothing abusive about anything they do, or anythign objectionable about their actions, but nothing is ever good enough, and the immigrant claims abuse.

Broken record much tito? Once again, for someone without an agenda, your posts have a singular theme to them. Every. Single. Post.

Because not every case is going to be a run for the claim "i'm being abused" and suggesting so, almost leaves others to point in that direction.

Tito - how come you have so much knowledge on this topic? Were you in the training camp that teaches the way out 'claim abuse to get gc' or were you on the unfortunate receiving end. Because it is apparent, that each and every post, regardless of the situation you jump in with the same help and advise.

I believe in being prepared for and ready to defend against or prevent the worst case scenario when it comes to a possible divorce. Tito has aptly described the worst case scenario. It's real. We see it repeated often enough we'd be fools to pretend it didn't exist.

Does that mean only the worst case scenario or near faximile will occur? Of course not but I don't see anybody suggesting that.

I do suggest that detractors offer their own suggestions to the OP rather than objecting to legitimate posts by others. I've already done so, and my response mentioned the potential of an abuse claim too.

[desert_fox 32]

Dont be naive....the USCIS case files are full of exactly what Tito describes...I have read similar reports here on VJ....marriage fraud is the biggest visa fraud that USCIS faces..something like 8%, the stories of which you will never read here, as no one is going to lay out here what they are planning.

Some ppl petition for their K-1, that K-1 (from countries I wont mention here) come to the US, buy a ticket to a third destination to be with their families or relatives....the poor petitioner never had a clue.