What steps do I need to take since I was clearly used for a k3 visa?

[Tree 0]

Yes, even before the divorce contact USCIS and tell them that you are withdrawing the I-864 Affidavit of Support. If they approve his AOS application with the I-864 still attached you will be financially liable to the US Government if he uses any type of means-tested funding whether you are divorced or not. If you withdraw the I-864 he will not be allowed to adjust status and the AOS will be denied. He will be required to leave the country when the K-3 expires and will not be allowed to adjust status.

Send a written letter to the same address you sent the AOS package, but also send another copy of the letter to your local USCIS office and then call them and ask them if you need to do anything more. If you can manage it, you could also make an Infopass appointment at your local office and hand deliver your request to withdraw the Affidavit of Support in person. That way you know they have it. Don't rely on just one avenue of contacting them because you do want to make sure the I-864 is withdrawn. Canceling the Affidavit of Support makes it impossible to get his green card so do that first.

I am sorry that you were treated this way and hope you will be able to move on to a happier life soon. Good luck to you.

One Last question (AND THANK YOU TO EVERYONE for the kind help)

I am going to withdraw our I-864, but do I really need to get it notarized?

[Kathryn41 3,205]

I honestly don't know if you do, but getting it notarized lends a degree of legality to it - that someone legal witnessed your signature so there is no question that you meant to write this letter and it came from you. Most banks will notarize a document for their clients, or you can get signatures notarized at most UPS stores for $3 if you have one in your area. I suspect you probably do not need it notarized, but it certainly wouldn't hurt.

Good luck to you.

Edited April 11, 2009 by Kathryn41

[Old Dominion 26]

There is no fee to have your letter notarized. Just be sure not to sign it until you have the Notary Public as a witness. Most banks have a Notary Public working somewhere in the lobby.

Contact your Catholic Church nearest you. They will refer you to the Catholic Charities, which has free immigration legal staff. Also, your local Legal Aid Society can provide a divorce lawyer at no cost.

I am wondering....if you have no income, have you applied for food stamps and other social services? Go to your local Department of Social Services (sometimes called welfare dept.) and apply for assistance. The case worker can help you with other needs as well, maybe even with your rent.

But probably you cannot get him deported. Once you have contacted USCIS, they will not act on his green card application. But getting him deported will only happen if he gets in some other trouble and is arrested by the police. With 12 million people here illegally already, the government can only concentrate on deporting troublemakers.

[Dakine 26]

Get the Letter of withdrawing the I-864 notarized. Also file for divorce.

K-3 and K-4 visa holders will have their status automatically terminated 30 days after the following of:

Denial or revocation of Form I-130, Petition for Alien Relative;

Denial or revocation of Form I-485, Application to Register Permanent Residence or Adjust Status;

The K-3’s divorce from the United States citizen;

The K-4’s marriage; or

Expiration of the visa without requesting an extension of stay.

[Tree 0]

Get the Letter of withdrawing the I-864 notarized. Also file for divorce.

K-3 and K-4 visa holders will have their status automatically terminated 30 days after the following of:

Denial or revocation of Form I-130, Petition for Alien Relative;

Denial or revocation of Form I-485, Application to Register Permanent Residence or Adjust Status;

The K-3’s divorce from the United States citizen;

The K-4’s marriage; or

Expiration of the visa without requesting an extension of stay.

Hey, quick question?

Do I send the letter of withdrawal to the same service center that we mailed our I-129 and I-130's to? It was the California service center. I do not have the AOS information on where my husband send the application in to, but I do have my old NOA's for the I-129 and I-130. Let me know if that sounds right?

[CA dreamer 3]

file for divorce,or leave him he won't be able to make his aos. then deportation takes a prominent action

[Bobby+Umit 161]

Get the Letter of withdrawing the I-864 notarized. Also file for divorce.

K-3 and K-4 visa holders will have their status automatically terminated 30 days after the following of:

Denial or revocation of Form I-130, Petition for Alien Relative;

Denial or revocation of Form I-485, Application to Register Permanent Residence or Adjust Status;

The K-3’s divorce from the United States citizen;

The K-4’s marriage; or

Expiration of the visa without requesting an extension of stay.

Hey, quick question?

Do I send the letter of withdrawal to the same service center that we mailed our I-129 and I-130's to? It was the California service center. I do not have the AOS information on where my husband send the application in to, but I do have my old NOA's for the I-129 and I-130. Let me know if that sounds right?

Same place you sent your package too. Get it signed for/confirmed delivery. You want to prove you "pulled" it at a certain date.

[I Miss Her 0]

My husband arrived in the USA 3 months ago, and has now left me and his daughter behind to go live with friends in another state. I do not know the address. I called ICE to report him. What other steps do I need to take to ensure that he be caught for fraud?

He has not did AOS yet but has applied, not interview yet.

Sorry to hear this.

Is it possible to contact local police and file for “missing person” report?

Send notarized letter to USCIS for withdrawing “affidavit of support”.

File for divorce.

[arsv 0]

URGENT!!!!!

Does anybody have a draft of a letter they sent requesting withdrawal of joint petition I-751 and the Affidavit of support?

[rebeccajo 14]

URGENT!!!!!

Does anybody have a draft of a letter they sent requesting withdrawal of joint petition I-751 and the Affidavit of support?

You can't withdraw the affidavit of support at the I751 stage. It became permanent and binding when the I485 was approved.

[Beebay 0]

Don't know what State you are in, but in most states, there is the Pro Se Divorce procedure and it's based on income. It means you are doing it without a lawyer, which may be tricky with a child involved. I did it myself and a judge ordered me to get a lawyer since a child was involved.

Also look into Legal Aid in your state. Regarding the K-3, your spouse would have to adjust status or apply for work permit before he can work or even get social security number. If that is not done, then he will be out of status after 2 years and will given a deportation letter. Take it easy and stay strong. You can do it. I am a guy and I raised a 3 month old alone (now 5 years old) with work and school so I know you can do it.

But get the divorce ball rolling ASAP.

Edited June 25, 2009 by Beebay

[NArocks 13]

URGENT!!!!!

Does anybody have a draft of a letter they sent requesting withdrawal of joint petition I-751 and the Affidavit of support?

ARSV I thought that your divorce was going to be nice? Divorcing but helping ROC Last year you stated you were willing to help in the ROC process? What happened to change your mind? Did the divorce not go through? Your SO can always remove conditions on his/her own as long as there are proofs of the bonafides of the relationship.

As rebeccajo states you can not pull the I-864 during the ROC. Good luck with your situation.