What Happens....

[WestmorelandLove 0]

I sucessfully received an email notice for the withdrawal of my petition(s) (I485 and I864) for my soon-to-be ex. I am wondering since he will not receive a green card will he be deported? Or do I have to send the notice of withdrawal and the final divorce decree to ICE?

I am glad that I'm not on the hook for anything for him. I had to get a restraining order and even having the restraining order this sucker thinks "we" are still cool and that he can pop by my job and call into my office. By the time the officers respond he has left the property, however he was caught on camera.

My co-workers tell me that he must really be stupid, ignorant, etc. or he just doesn't understand the judicial system here in the States. He knows he screwed up and he's hoping that he can catch me desperate - NOT!

I would appreciate any links or information on the process - I'm so ready for this nightmare to be over and out of my mind.

Pam

[SupportOAFJF 0]

Pam..thats good..i think ur good to go..as long as u have been released from 485 and 864. he will be deported if he is caught somehow....can't really give a definate answer..i've seen ppl come out of jail and some get deported

good luck to yah

[sus 70]

Pam, he probably won't be deported - Believe it or not, unless he does something really dumb he can get away with being here under the wire - I would keep up on that restraining order, keep documenting - Those are all criminal charges that would block him from ever getting it.

At least you are released from obligation -

Just keep a file together with everything, including that notice - It can't hurt to send a copy of the stuff to ICE, but I doubt they will do anything with it - In my mind, better to CYA every which way than to not.

[diadromous mermaid 36]

I sucessfully received an email notice for the withdrawal of my petition(s) (I485 and I864) for my soon-to-be ex. I am wondering since he will not receive a green card will he be deported? Or do I have to send the notice of withdrawal and the final divorce decree to ICE?

I am glad that I'm not on the hook for anything for him. I had to get a restraining order and even having the restraining order this sucker thinks "we" are still cool and that he can pop by my job and call into my office. By the time the officers respond he has left the property, however he was caught on camera.

My co-workers tell me that he must really be stupid, ignorant, etc. or he just doesn't understand the judicial system here in the States. He knows he screwed up and he's hoping that he can catch me desperate - NOT!

I would appreciate any links or information on the process - I'm so ready for this nightmare to be over and out of my mind.

Pam

If the info in your profile is correct, then he can't adjust status as a prior K-1 entrant, if the application (I-485 and the I-864 have been withdrawn) so essentially he will be out of status, and unable to adjust through a marriage petition. Of course, he could try another route.

[sus 70]

If the info in your profile is correct, then he can't adjust status as a prior K-1 entrant, if the application (I-485 and the I-864 have been withdrawn) so essentially he will be out of status, and unable to adjust through a marriage petition. Of course, he could try another route.

That's not entirely correct - He married a US citizen - fulfilled all of his obligations of the K1 (not saying he was right here, but he entered the country legally on a visa) - There are ways that he can adjust status, although not easily - Pam just needs to do what she needs to do to make sure it is clear that she is out of it -

[pushbrk 13,073]

I sucessfully received an email notice for the withdrawal of my petition(s) (I485 and I864) for my soon-to-be ex. I am wondering since he will not receive a green card will he be deported? Or do I have to send the notice of withdrawal and the final divorce decree to ICE?

I am glad that I'm not on the hook for anything for him. I had to get a restraining order and even having the restraining order this sucker thinks "we" are still cool and that he can pop by my job and call into my office. By the time the officers respond he has left the property, however he was caught on camera.

My co-workers tell me that he must really be stupid, ignorant, etc. or he just doesn't understand the judicial system here in the States. He knows he screwed up and he's hoping that he can catch me desperate - NOT!

I would appreciate any links or information on the process - I'm so ready for this nightmare to be over and out of my mind.

Pam

The I-485 is not your petition. It's his application. Withdrawing your I-864 affidavit of support, effectively kills his I-485 application. At this point, whether he is deported completely out of your control. Ice is part of USCIS, so they communicate internally.

[dancehallquana 5]

Not sure about the next step sweetie, but just glad u have cleared urself of everything!!..Good luck w/ the divorce and then finally moving on w/ your life..

Your future will be better than ur past..

[WestmorelandLove 0]

I sucessfully received an email notice for the withdrawal of my petition(s) (I485 and I864) for my soon-to-be ex. I am wondering since he will not receive a green card will he be deported? Or do I have to send the notice of withdrawal and the final divorce decree to ICE?

I am glad that I'm not on the hook for anything for him. I had to get a restraining order and even having the restraining order this sucker thinks "we" are still cool and that he can pop by my job and call into my office. By the time the officers respond he has left the property, however he was caught on camera.

My co-workers tell me that he must really be stupid, ignorant, etc. or he just doesn't understand the judicial system here in the States. He knows he screwed up and he's hoping that he can catch me desperate - NOT!

I would appreciate any links or information on the process - I'm so ready for this nightmare to be over and out of my mind.

Pam

The I-485 is not your petition. It's his application. Withdrawing your I-864 affidavit of support, effectively kills his I-485 application. At this point, whether he is deported completely out of your control. Ice is part of USCIS, so they communicate internally.

You're right - it was his application and not my petition, but read the attached email notification that was sent to me.

The last processing action taken on your case Receipt Number: MSC081***********

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Withdrawal Acknowledgment Notice Sent On July 24, 2008, we mailed a notice acknowledging withdrawal of this application or petition I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.

If you have not received the notice within 30 days of July 24, 2008, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence. (NEVER AGAIN) If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283. *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.***

Please do not respond to this e-mail message. Sincerely, The U.S. Citizenship and Immigration Services (USCIS)

And as far as me having control of when and if he gets deported - not an issue with me. Just want to make sure that I have done everything - dotted all the i's and crossed all the t's. And from this email I believe I'm on the right track.

Edited August 8, 2008 by WestmorelandLove

[diadromous mermaid 36]

If the info in your profile is correct, then he can't adjust status as a prior K-1 entrant, if the application (I-485 and the I-864 have been withdrawn) so essentially he will be out of status, and unable to adjust through a marriage petition. Of course, he could try another route.

That's not entirely correct - He married a US citizen - fulfilled all of his obligations of the K1 (not saying he was right here, but he entered the country legally on a visa) - There are ways that he can adjust status, although not easily - Pam just needs to do what she needs to do to make sure it is clear that she is out of it -

Well, I'm not going to disagree, but let's say this is a grey area of immigration law and without any recent case law. Dixon and Dawson, however, were prior IMFA reform.

[desert_fox 32]

If the info in your profile is correct, then he can't adjust status as a prior K-1 entrant, if the application (I-485 and the I-864 have been withdrawn) so essentially he will be out of status, and unable to adjust through a marriage petition. Of course, he could try another route.

That's not entirely correct - He married a US citizen - fulfilled all of his obligations of the K1 (not saying he was right here, but he entered the country legally on a visa) - There are ways that he can adjust status, although not easily - Pam just needs to do what she needs to do to make sure it is clear that she is out of it -

There are ways he can adjust status???? Name one!!!!!

When his I-94 expires...he will be out of status and subject to removal. He cannot legally work, drive a car...basically has no life.

He cannot adjust status period.

[sus 70]

If the info in your profile is correct, then he can't adjust status as a prior K-1 entrant, if the application (I-485 and the I-864 have been withdrawn) so essentially he will be out of status, and unable to adjust through a marriage petition. Of course, he could try another route.

That's not entirely correct - He married a US citizen - fulfilled all of his obligations of the K1 (not saying he was right here, but he entered the country legally on a visa) - There are ways that he can adjust status, although not easily - Pam just needs to do what she needs to do to make sure it is clear that she is out of it -

There are ways he can adjust status???? Name one!!!!!

When his I-94 expires...he will be out of status and subject to removal. He cannot legally work, drive a car...basically has no life.

He cannot adjust status period.

By marrying another citizen, by claiming abuse under VAWA, if the government passes another bill like 245i..... there are ways to do it - He entered the US legally, and the fact that he overstays that visa does not prevent him from possibly adjusting status at a later date. That's 3 named - Not saying it is an easy process, but trust me, it can be done -

Interesting that you think people who are out of status basically have no life - I know people that came under the VWP and lived in the US for 15 - 20 years after overstaying - They owned houses, cars, had jobs, etc..... I guess they had no life either?

The key to this is for Pam to make sure she is protected - What he does is on him - but don't make statements about CANNOT be done, it's inaccurate - just read on this forum itself, there are people that have adjusted status from their conditional greencard after divorce.

[TracyTN 237]

nm. I can't read.

Edited August 11, 2008 by TracyTN

[diadromous mermaid 36]

If the info in your profile is correct, then he can't adjust status as a prior K-1 entrant, if the application (I-485 and the I-864 have been withdrawn) so essentially he will be out of status, and unable to adjust through a marriage petition. Of course, he could try another route.

That's not entirely correct - He married a US citizen - fulfilled all of his obligations of the K1 (not saying he was right here, but he entered the country legally on a visa) - There are ways that he can adjust status, although not easily - Pam just needs to do what she needs to do to make sure it is clear that she is out of it -

There are ways he can adjust status???? Name one!!!!!

When his I-94 expires...he will be out of status and subject to removal. He cannot legally work, drive a car...basically has no life.

He cannot adjust status period.

By marrying another citizen, by claiming abuse under VAWA, if the government passes another bill like 245i..... there are ways to do it - He entered the US legally, and the fact that he overstays that visa does not prevent him from possibly adjusting status at a later date. That's 3 named - Not saying it is an easy process, but trust me, it can be done -

Interesting that you think people who are out of status basically have no life - I know people that came under the VWP and lived in the US for 15 - 20 years after overstaying - They owned houses, cars, had jobs, etc..... I guess they had no life either?

The key to this is for Pam to make sure she is protected - What he does is on him - but don't make statements about CANNOT be done, it's inaccurate - just read on this forum itself, there are people that have adjusted status from their conditional greencard after divorce.

Marrying another citizen wouldn't help. The K visa is restrictive, and requires adjustment of status to occur through the initial petitioner. He could leave the USA before 180 days of unlawful presence and be petitioned again, but as for adjusting status in the USA he'd have an uphill battle with a lot of legal costs to try to influence BIA to consider that consummating a legal marriage satisfied the requirement of the K-1. That's what Dixon and Dawson did, but once again that was prior to the reform.

[sus 70]

Marrying another citizen wouldn't help. The K visa is restrictive, and requires adjustment of status to occur through the initial petitioner. He could leave the USA before 180 days of unlawful presence and be petitioned again, but as for adjusting status in the USA he'd have an uphill battle with a lot of legal costs to try to influence BIA to consider that consummating a legal marriage satisfied the requirement of the K-1. That's what Dixon and Dawson did, but once again that was prior to the reform.

The question when it comes to adjusting status is having entered the country legally - So, not saying that it would be an easy battle (or cheap) but there are ways to do it - people do it all the time by entering the country on a legal visa (such as B1 / B2), overstaying, and then marrying a citizen - Or, we could end up with another situation like 245i where amnesty from the overstay is granted.

My point is to never say never - because it is possible - not easy, but possible. As I said before, what is important is that she took the right steps to protect herself, which she has done.

[desert_fox 32]

Marrying another citizen wouldn't help. The K visa is restrictive, and requires adjustment of status to occur through the initial petitioner. He could leave the USA before 180 days of unlawful presence and be petitioned again, but as for adjusting status in the USA he'd have an uphill battle with a lot of legal costs to try to influence BIA to consider that consummating a legal marriage satisfied the requirement of the K-1. That's what Dixon and Dawson did, but once again that was prior to the reform.

The question when it comes to adjusting status is having entered the country legally - So, not saying that it would be an easy battle (or cheap) but there are ways to do it - people do it all the time by entering the country on a legal visa (such as B1 / B2), overstaying, and then marrying a citizen - Or, we could end up with another situation like 245i where amnesty from the overstay is granted.

My point is to never say never - because it is possible - not easy, but possible. As I said before, what is important is that she took the right steps to protect herself, which she has done.

A K1 is not a B2...There is no way to adjust status thru mariage to another USC.

Another 245I is not even a possibility in the near future.

Today an immigrant cannot work without an EAD...as I said before...no life here is possible...no job, no drivers license, no home, no money..

Illegals leave the US everyday because they cant work under the table anymore, cvant get a SSN like they could 20 years ago, cant renew their drivers license.

So tell us.......how can this person adjust status???