DIVORCE!!

[payxibka 10,047]

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 Once you withdraw your I-130, everything else is canceled and withdrawn, as the other forms (I-864, I-485) have no I-130 left to stand on.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 Once the I-130 is withdrawn, your wife will be out-of-status and an illegal alien anyway, but she is leaving using what would be considered "willful departure".

Good infor but the difference between your case and the OP's is that the OP's wife came via K-1 so there is NO underlying I-130 to withdraw.... He can only withdraw the I-864....

[hellonew 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".

Good infor but the difference between your case and the OP's is that the OP's wife came via K-1 so there is NO underlying I-130 to withdraw.... He can only withdraw the I-864....

Yes i brought here on a k1,

i need to know if i should let uscis know now or after the divorce. I was thinking of writing to uscis and letting them i have filed for divorce. I dont want to anything to do with her no more. Can she stay here after i file for divorce, and if she can will it affect mein anyway. Thanks to everyone, i just cant afford legal advice right now, ur help and input is greatly appreciated.

[DanielParul 50]

1. Withdraw your I-864 before the divorce is finalised, which means now. Which would also put a stop on her AOS for now through you.

2. Stop any dealings with her or contact with her without a witness to avoid future problem in case she tries to file AOS based on abuse and domestic violence.

3. After you have withdrawn your I-864, you are not responsible for her whether she stays here or not. She will be out of status and illegal.

All the best

[hellonew 0]

1. Withdraw your I-864 before the divorce is finalised, which means now. Which would also put a stop on her AOS for now through you.

2. Stop any dealings with her or contact with her without a witness to avoid future problem in case she tries to file AOS based on abuse and domestic violence.

3. After you have withdrawn your I-864, you are not responsible for her whether she stays here or not. She will be out of status and illegal.

All the best

Thanks everyone im beging to paper now, thanks!

[hellonew 0]

DO i need to nortorize the paper im going to send uscis?

[payxibka 10,047]

DO i need to nortorize the paper im going to send uscis?

may not be a bad idea

[Old Dominion 26]

Maybe also your mother could write a letter withdrawing her cosponsorship. Send them both at the same time. Divorce can be on the basis of abandonment and your lawyer will advise.

[Merrillizer 0]

payxibka, you're right, sorry! I hope everything else helps you hellonow.

BTW, when I contacted USCIS about my withdrawal, they told me I would have to resend a notarized version. My original wasnt. Each CIS Rep. can give you a different story unfortunately. But my original, unnotarized version WAS accepted. So you dont have to have it notarized, but like mentioned above it can never hurt.

[Ginger cat 3]

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".

Good infor but the difference between your case and the OP's is that the OP's wife came via K-1 so there is NO underlying I-130 to withdraw.... He can only withdraw the I-864....

Yes i brought here on a k1,

i need to know if i should let uscis know now or after the divorce. I was thinking of writing to uscis and letting them i have filed for divorce. I dont want to anything to do with her no more. Can she stay here after i file for divorce, and if she can will it affect mein anyway. Thanks to everyone, i just cant afford legal advice right now, ur help and input is greatly appreciated.

ok, nothing about the tips but let me enjoy your thread (that for some reason touched me..certainly by the discretion you show about the the story of your couple) to express my ideas and opinion about the visa k1 and its limits, sociologically talking:

you see that's the problem with the visa K1- they want ppl to get married in 90 days. and when you know thta for most they have never lived together, how on the earth in 90 days you can trully know about making yrou life with the other.

i am sorry but in all honesty, or let's take off the veil from our face, when you are far from each other, your are willing to do anything to have your love by your side..so yeah: propose her and support her...

but when the benef. is over there, it's not rare that the music is quite different. and then ideal of "i will support her/him" and " I want to marry you"' which means basically i want to do "my whole life with you" is gone.

and i can see in the visa process and the short delays and the condition that the us gov. and somehow it is conditionned by the almerican culture that they promote marraige. you can feel here all the heritage of the famous puritan american culture.

i mean all is great, let's get amrried so fast and easily..the marriage is somehow sploit, and you reach 50% of divorce.

in france, people don't get married so easily, someone can come under some visas that are longer than 3 months. without obligation of getting married in 90 days.

and you see, we have a rate 66% of divorce in urban envirronement, against 25% in countryside. wihch makes 30% averagely.

Here ppl don't get married as easily, couples who are not married have the same tight as the married ones, the same rights for kids together or separated couples, and you see the rate of failed marriages is less.

I am not saying we are a better country, i am just saying that i am questionning about the efficiency of that visa K1 whici s sad bc the visa k1 is loing hard and stressing, and it's a kind of a test for the couple. SO i find that sad that after a couple have been through that, they just fall apart when they in fact lived and shared something important.

and beside, i am doing the visa k1, i can't wait to be over there with him, but we are aware abtou our strengths and weaknesses, and bc we have talked about all that, i am hopin i will be saved from a failure.

and because he knows my fears abtou the wedding, we agreed that we will get married bc the US gov. wants it so, but the REAL wedding will come when we (and esp. I) feel that sharing a life with him is fine and I woudl acclimate to the US culture and am able to deal with it.

I am truly sorry that it turn out to be a failure. apparently is she has no problem and even wants to be back at her country, amybe she has been disillusioned abotu the life in the US.

whatever the reasons...that's too bad.

Edited April 28, 2009 by Ginger cat

[hellonew 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".

Good infor but the difference between your case and the OP's is that the OP's wife came via K-1 so there is NO underlying I-130 to withdraw.... He can only withdraw the I-864....

Yes i brought here on a k1,

i need to know if i should let uscis know now or after the divorce. I was thinking of writing to uscis and letting them i have filed for divorce. I dont want to anything to do with her no more. Can she stay here after i file for divorce, and if she can will it affect mein anyway. Thanks to everyone, i just cant afford legal advice right now, ur help and input is greatly appreciated.

ok, nothing about the tips but let me enjoy your thread (that for some reason touched me..certainly by the discretion you show about the the story of your couple) to express my ideas and opinion about the visa k1 and its limits, sociologically talking:

you see that's the problem with the visa K1- they want ppl to get married in 90 days. and when you know thta for most they have never lived together, how on the earth in 90 days you can trully know about making yrou life with the other.

i am sorry but in all honesty, or let's take off the veil from our face, when you are far from each other, your are willing to do anything to have your love by your side..so yeah: propose her and support her...

but when the benef. is over there, it's not rare that the music is quite different. and then ideal of "i will support her/him" and " I want to marry you"' which means basically i want to do "my whole life with you" is gone.

and i can see in the visa process and the short delays and the condition that the us gov. and somehow it is conditionned by the almerican culture that they promote marraige. you can feel here all the heritage of the famous puritan american culture.

i mean all is great, let's get amrried so fast and easily..the marriage is somehow sploit, and you reach 50% of divorce.

in france, people don't get married so easily, someone can come under some visas that are longer than 3 months. without obligation of getting married in 90 days.

and you see, we have a rate 66% of divorce in urban envirronement, against 25% in countryside. wihch makes 30% averagely.

Here ppl don't get married as easily, couples who are not married have the same tight as the married ones, the same rights for kids together or separated couples, and you see the rate of failed marriages is less.

I am not saying we are a better country, i am just saying that i am questionning about the efficiency of that visa K1 whici s sad bc the visa k1 is loing hard and stressing, and it's a kind of a test for the couple. SO i find that sad that after a couple have been through that, they just fall apart when they in fact lived and shared something important.

and beside, i am doing the visa k1, i can't wait to be over there with him, but we are aware abtou our strengths and weaknesses, and bc we have talked about all that, i am hopin i will be saved from a failure.

and because he knows my fears abtou the wedding, we agreed that we will get married bc the US gov. wants it so, but the REAL wedding will come when we (and esp. I) feel that sharing a life with him is fine and I woudl acclimate to the US culture and am able to deal with it.

I am truly sorry that it turn out to be a failure. apparently is she has no problem and even wants to be back at her country, amybe she has been disillusioned abotu the life in the US.

whatever the reasons...that's too bad.

Thanks for ur support and input

[hellonew 0]

I sent out the paper work to USCIS, well see what happens next, ill keep u all posted, if anyone has anything else to add please feel free to, all input is greatly appreciated.