DIVORCE!!

[hellonew 0]

Before i go to my lawyer and file for Divorce, let me give a little background. I brought a girl i met at the old country to the USA on a K1 visa. She came in december 2008 and we were married a month later, and at the end of Feburary i sent her AOS. So 2 weeks ago she all of a sudden decides to she wants a divorce (too many details to list why). So she says she wants to leave the country and abandon her AOS paperwork. So what is the proper way to go about things, Should she just leave the country immediately? I called my lawyer he said that i should file for a divorce immediately. But i need to know if i should send anything to Uscis(like divorce papers). Please advise!

[payxibka 10,047]

Before i go to my lawyer and file for Divorce, let me give a little background. I brought a girl i met at the old country to the USA on a K1 visa. She came in december 2008 and we were married a month later, and at the end of Feburary i sent her AOS. So 2 weeks ago she all of a sudden decides to she wants a divorce (too many details to list why). So she says she wants to leave the country and abandon her AOS paperwork. So what is the proper way to go about things, Should she just leave the country immediately? I called my lawyer he said that i should file for a divorce immediately. But i need to know if i should send anything to Uscis(like divorce papers). Please advise!

if she leaves the country before approval (assumes no advance parole) then she will immediately abandon her AOS application...

[Bobby+Umit 161]

Yes, you should get the divorce first, before she leaves, will make it easier.

You can withdraw your AOS - read the instructions on the I-485. Contact USCIS to see what they require from you.

[hellonew 0]

Before i go to my lawyer and file for Divorce, let me give a little background. I brought a girl i met at the old country to the USA on a K1 visa. She came in december 2008 and we were married a month later, and at the end of Feburary i sent her AOS. So 2 weeks ago she all of a sudden decides to she wants a divorce (too many details to list why). So she says she wants to leave the country and abandon her AOS paperwork. So what is the proper way to go about things, Should she just leave the country immediately? I called my lawyer he said that i should file for a divorce immediately. But i need to know if i should send anything to Uscis(like divorce papers). Please advise!

if she leaves the country before approval (assumes no advance parole) then she will immediately abandon her AOS application...

Whats Advance parole?

[hellonew 0]

Yes, you should get the divorce first, before she leaves, will make it easier.

You can withdraw your AOS - read the instructions on the I-485. Contact USCIS to see what they require from you.

I looked over the entire instructions, it didnt say anything about withdrawing AOS

[payxibka 10,047]

Before i go to my lawyer and file for Divorce, let me give a little background. I brought a girl i met at the old country to the USA on a K1 visa. She came in december 2008 and we were married a month later, and at the end of Feburary i sent her AOS. So 2 weeks ago she all of a sudden decides to she wants a divorce (too many details to list why). So she says she wants to leave the country and abandon her AOS paperwork. So what is the proper way to go about things, Should she just leave the country immediately? I called my lawyer he said that i should file for a divorce immediately. But i need to know if i should send anything to Uscis(like divorce papers). Please advise!

if she leaves the country before approval (assumes no advance parole) then she will immediately abandon her AOS application...

Whats Advance parole?

I-131 sometimes submitted concurrently with the I-485

Yes, you should get the divorce first, before she leaves, will make it easier.

You can withdraw your AOS - read the instructions on the I-485. Contact USCIS to see what they require from you.

The USC CANNOT withdraw the I-485 only the alien can... the USC can withdraw the I-864 (with essentially the same effect)

[hellonew 0]

Before i go to my lawyer and file for Divorce, let me give a little background. I brought a girl i met at the old country to the USA on a K1 visa. She came in december 2008 and we were married a month later, and at the end of Feburary i sent her AOS. So 2 weeks ago she all of a sudden decides to she wants a divorce (too many details to list why). So she says she wants to leave the country and abandon her AOS paperwork. So what is the proper way to go about things, Should she just leave the country immediately? I called my lawyer he said that i should file for a divorce immediately. But i need to know if i should send anything to Uscis(like divorce papers). Please advise!

if she leaves the country before approval (assumes no advance parole) then she will immediately abandon her AOS application...

Whats Advance parole?

I-131 sometimes submitted concurrently with the I-485

Yes, you should get the divorce first, before she leaves, will make it easier.

You can withdraw your AOS - read the instructions on the I-485. Contact USCIS to see what they require from you.

The USC CANNOT withdraw the I-485 only the alien can... the USC can withdraw the I-864 (with essentially the same effect)

Thank u so much for ur help, how do i go about withdrawing my 864, my mom also was a joint sponser. But does uscis automatically know when i get a divorce or do i sned the them my divorce paper. Thanks agian everyone.

[payxibka 10,047]

But does uscis automatically know when i get a divorce or do i sned the them my divorce paper. Thanks agian everyone.

do they know automatically? of course not... however, I doubt there is a need to submit the decree... a notarized letter of withdrawal is usually sufficient.

[Bobby+Umit 161]

Before i go to my lawyer and file for Divorce, let me give a little background. I brought a girl i met at the old country to the USA on a K1 visa. She came in december 2008 and we were married a month later, and at the end of Feburary i sent her AOS. So 2 weeks ago she all of a sudden decides to she wants a divorce (too many details to list why). So she says she wants to leave the country and abandon her AOS paperwork. So what is the proper way to go about things, Should she just leave the country immediately? I called my lawyer he said that i should file for a divorce immediately. But i need to know if i should send anything to Uscis(like divorce papers). Please advise!

if she leaves the country before approval (assumes no advance parole) then she will immediately abandon her AOS application...

Whats Advance parole?

I-131 sometimes submitted concurrently with the I-485

Yes, you should get the divorce first, before she leaves, will make it easier.

You can withdraw your AOS - read the instructions on the I-485. Contact USCIS to see what they require from you.

The USC CANNOT withdraw the I-485 only the alien can... the USC can withdraw the I-864 (with essentially the same effect)

Correct - that was what I meant... to many typing fingers...

[rooster 1]

I would file for the divorce then send a letter ,from both you and your mother, to USCIS stating that you are withdrawing both I-864s due to the fact that you are currently divorcing your wife. Make sure your mother is included because if only you send one, your mom could still be on the hook.

ETA: I would not wait on the divorce decree due to the fact, your wife could undertake a delaying action and actually have her AOS done before you even go to court for your divorce. And, just to be on the safe side, I would avoid any direct contact with your wife without a witness being present. If she decided to try and stay, she could claim abuse and file under domestic abuse stipulations, even if you have withdrawn your I-864.

Edited April 27, 2009 by rooster

[hellonew 0]

I would file for the divorce then send a letter ,from both you and your mother, to USCIS stating that you are withdrawing both I-864s due to the fact that you are currently divorcing your wife. Make sure your mother is included because if only you send one, your mom could still be on the hook.

ETA: I would not wait on the divorce decree due to the fact, your wife could undertake a delaying action and actually have her AOS done before you even go to court for your divorce. And, just to be on the safe side, I would avoid any direct contact with your wife without a witness being present. If she decided to try and stay, she could claim abuse and file under domestic abuse stipulations, even if you have withdrawn your I-864.

I hope she wouldnt do that, she wants to go back to her native country, shes leaving in 2 weeks.

Thanks for all ur help, im sure if she leaves all her AOS will stop.

[payxibka 10,047]

Thanks for all ur help, im sure if she leaves all her AOS will stop.

theoretically, that is exactly what is to happen the moment she steps foot outside the country

[hellonew 0]

Thanks for all ur help, im sure if she leaves all her AOS will stop.

theoretically, that is exactly what is to happen the moment she steps foot outside the country

So do i send the divorce papers and my 864 withdrawl to the same place i sent my i864?

[payxibka 10,047]

Thanks for all ur help, im sure if she leaves all her AOS will stop.

theoretically, that is exactly what is to happen the moment she steps foot outside the country

So do i send the divorce papers and my 864 withdrawl to the same place i sent my i864?

It has to get matched up with the current case file... an INFOPASS appointment may not be a bad idea...

[Merrillizer 0]

I have done this. You want to send a letter to USCIS withdrawing your I-130. Send it to the SAME ADDRESS you sent your AOS package or where the AOS package is being processed. I wrote mine and it was about 5 pages long. YOu need to explain how you met your wife, how she came into the U.S., reason(s) for the divorce etc etc. You need to include the MSC # at the top of the withdrawal letter, also include your full name, address, date of birth, and country of birth. Include the same info for your wife as well.

I sent my letter withdrawing my I-130 to USCIS Chicago lockbox on March 15th I think, and I received a response letter from USCIS on April 3rd stating it was accepted and my wives paperwork is canceled. Once you withdraw your I-130, everything else is canceled and withdrawn, as the other forms (I-864, I-485) have no I-130 left to stand on.

As far as the divorce goes, depending on your States divorce laws, she could just leave and it wouldnt be a problem. For example, in my State, I could have my wife served divorce papers through public notification, which means buying an ad in a large local newspaper which would include info on the filing for divorce, and it would have to run for 2 weeks consecutively. If my wife never saw it, and didnt report to the court to respond about it, the court would automatically deem it a "Default" by my wife, and I would get the divorce automatically, by default.

I had my wife served the divorce petition by the Sheriff. And she had 15 days from the day she was served to respond to the court. I have no idea if she defaulted or not lol. Find out May 5th.

So yeah, be safe, and send out the letter withdrawing your I-130. Once its accepted, you're off the hook, and you wont have to worry about the contractual I-864's.

You do need to divorce your wife first. Once the I-130 is withdrawn, your wife will be out-of-status and an illegal alien anyway, but she is leaving using what would be considered "willful departure".

EDIT: I forgot to add, you need to do 2 more important things....send this withdrawal letter CERTIFIED MAIL AND RETURN RECEIPT. AND, you need to write ATTN: WITHDRAWAL "Your I-130 MSC # HERE" on both sides of the envelope! These 2 things are important!

Edited April 27, 2009 by Merrillizer