Divorce Before AOS Approval

[hellonew 0]

Hello all, just a little update and some questons:

Just a lil background,

I petitioned for "Amy" a K1 visa in June 2008,She came 5 months later in Late November2008. We married a month later at the county clerk and USCIS recieved her AOS (i485, i864) on Feburary 25 , a couple of days before her I-94 expired. Around that time, she recieved her SSN. After our Marrage at the county this person changed. Our wedding reception was suppose to be May5th. Her Family are very old fashioned and asked for things to be done like in the old counrty, meaning we cant live together until our wedding reception night. So we never had sex. Then 10 days before our wedding she tells my family that we dont "understand" each other and that we should divorce. She waited until the last possible minute. I lost alot of money form wedding hall, flowers, etc. So I filed for divorce, and sent USCIS a letter Withdrawing the AOS, I also made an Infopass appointment. (i will be taking IO my wedding card Invitation, 350 were mailed out, i had to call everyone to cancel) now my questions are:

Can She adjust status on her own? She does not have a Green card or LPR, Shes just awaiting AOS.

Will the USCIS allow me to withdraw my I864?

I do honestly think that when she seen her SSN that she thought she was homefree, that she was "legal". So i think that she took me just get to the USA. So when i go to INfopass Appt, who/how do i talk to about marrage fraud. Is the fraud division that handles these things or what?

Also, when i sent the withdrawl letter, i sent it to the chicago lockbox, where i sent I 485, is that okay?

All feedback is Welcomed, thank You

Edited May 10, 2009 by hellonew

[Bobby+Umit 161]

Hello all, just a little update and some questons:

Just a lil background,

I petitioned for "Amy" a K1 visa in June 2008,She came 5 months later in Late November2008. We married a month later at the county clerk and USCIS recieved her AOS (i485, i864) on Feburary 25 , a couple of days before her I-94 expired. Around that time, she recieved her SSN. After our Marrage at the county this person changed. Our wedding reception was suppose to be May5th. Her Family are very old fashioned and asked for things to be done like in the old counrty, meaning we cant live together until our wedding reception night. So we never had sex. Then 10 days before our wedding she tells my family that we dont "understand" each other and that we should divorce. She waited until the last possible minute. I lost alot of money form wedding hall, flowers, etc. So I filed for divorce, and sent USCIS a letter Withdrawing the AOS, I also made an Infopass appointment. (i will be taking IO my wedding card Invitation, 350 were mailed out, i had to call everyone to cancel) now my questions are:

Can She adjust status on her own? She does not have a Green card or LPR, Shes just awaiting AOS.

No, part of the deal in the K-1 is that she has to AOS first (greencard in hand before she can consider removing conditions herself)

Will the USCIS allow me to withdraw my I864?

Yes - that will kill the AOS, if you get it withdrawn before they complete the AOS. You will need to send them a notarized letter of withdrawal

I do honestly think that when she seen her SSN that she thought she was homefree, that she was "legal". So i think that she took me just get to the USA. So when i go to INfopass Appt, who/how do i talk to about marrage fraud. Is the fraud division that handles these things or what?

No need to worry about fraud, without the AOS, she cannot stay here legally, however, if she tries to VAWA on you, you may be in for a ride. Your infopass appointment will fill in your questions, get that done ASAP.

Also, when i sent the withdrawl letter, i sent it to the chicago lockbox, where i sent I 485, is that okay?

Sounds ok, but I would call them and verify they received it. Ask at your infopass appointment.

All feedback is Welcomed, thank You

Edited May 10, 2009 by Bobby_Umit

[hellonew 0]

Hello all, just a little update and some questons:

Just a lil background,

I petitioned for "Amy" a K1 visa in June 2008,She came 5 months later in Late November2008. We married a month later at the county clerk and USCIS recieved her AOS (i485, i864) on Feburary 25 , a couple of days before her I-94 expired. Around that time, she recieved her SSN. After our Marrage at the county this person changed. Our wedding reception was suppose to be May5th. Her Family are very old fashioned and asked for things to be done like in the old counrty, meaning we cant live together until our wedding reception night. So we never had sex. Then 10 days before our wedding she tells my family that we dont "understand" each other and that we should divorce. She waited until the last possible minute. I lost alot of money form wedding hall, flowers, etc. So I filed for divorce, and sent USCIS a letter Withdrawing the AOS, I also made an Infopass appointment. (i will be taking IO my wedding card Invitation, 350 were mailed out, i had to call everyone to cancel) now my questions are:

Can She adjust status on her own? She does not have a Green card or LPR, Shes just awaiting AOS.

No, part of the deal in the K-1 is that she has to AOS first (greencard in hand before she can consider removing conditions herself)

Will the USCIS allow me to withdraw my I864?

Yes - that will kill the AOS, if you get it withdrawn before they complete the AOS. You will need to send them a notarized letter of withdrawal

I do honestly think that when she seen her SSN that she thought she was homefree, that she was "legal". So i think that she took me just get to the USA. So when i go to INfopass Appt, who/how do i talk to about marrage fraud. Is the fraud division that handles these things or what?

No need to worry about fraud, without the AOS, she cannot stay here legally, however, if she tries to VAWA on you, you may be in for a ride. Your infopass appointment will fill in your questions, get that done ASAP.

Also, when i sent the withdrawl letter, i sent it to the chicago lockbox, where i sent I 485, is that okay?

Sounds ok, but I would call them and verify they received it. Ask at your infopass appointment.

All feedback is Welcomed, thank You

Thank you, ur a huge help!

[Bobby+Umit 161]

You may want to start divorce proceedings - check with your state laws on how to proceed.

Where is she currently? living with you?

[hellonew 0]

You may want to start divorce proceedings - check with your state laws on how to proceed.

Where is she currently? living with you?

No she is not living with me, she sent in an individual address change to USPS, i Have filed for divorce, and her lawyer told my lawyer she is going to try to stay here, i dont know how that is possible, since everyone i have asked says she cant, her cousin even asked me if i could end my sponsership so someone else can sponser her. I know this is so cliche, but i feel so used! I really loved her, never have i abused her, so she cant use that stroy for USCIS, anyone who has gone through this please share ur stories.

And thanks Bobby, ur all over this site helping people

Edited May 11, 2009 by hellonew

[Bobby+Umit 161]

You may want to start divorce proceedings - check with your state laws on how to proceed.

Where is she currently? living with you?

No she is not living with me, she sent in an individual address change to USPS, i Have filed for divorce, and her lawyer told my lawyer she is going to try to stay here, i dont know how that is possible, since everyone i have asked says she cant, her cousin even asked me if i could end my sponsership so someone else can sponser her. I know this is so cliche, but i feel so used! I really loved her, never have i abused her, so she cant use that stroy for USCIS, anyone who has gone through this please share ur stories.

And thanks Bobby, ur all over this site helping people

No one else can sponsor her - since she arrived on the K-1. If she is playing you for a GC, then she made a mistake by leaving you before the AOS (greencard) was in hand. Only then can she attempt to stay by herself. Even then it would be a hard sell, divorce right after arrival/marriage, not a good sign the marriage was entered in good faith.

Interesting how she has a lawyer, and her cousin is trying to swing deals with you...

She cannot even attempt to marry someone else now, even if you divorce, since the K-1 was used to get here, one of the requirements are such she has to marry the petitioner, not some other person.

Her cousin must not know the rules, if the I-864/AOS was approved, you can't "end" it, even if you wanted too. Even if you divorce. There are certain ways it can end, but none that probably apply here.

So as long as you pulled your I-864, her I-485 will not be approved. It's a good thing you have a lawyer - and in the process of divorce. You may want to be very careful, record phone calls, emails, always have a 2nd person present if you talk to her or anyone connected to her, since she could still try to pull a 'VAWA" on you. Talk to your lawyer about this, they can give you better guidance for you state (laws).

That whole "waiting for the wedding reception" to consummate the marriage, that would of been a big red flag to me.... You live, you learn I suppose.

Good luck my friend - make sure you keep us up to date what is going on, you may help the next person that may have an issue like this.

[hellonew 0]

Yea she hired a lawyer asap, i think the lawyer is just trying to take as much money as possible from her because everywhere i have read, there is no way she could adjust by herself without a green card. My infopass appointment is tomorrow, i will keep post after interview, thanks Bobby.

And again, anyone with simialr stories please share.

[hellonew 0]

Hello Vj'ers,

Today i had my infopass appointment. It was in a brand new building that was very clean and very nice. I waited about an hour after my intial appointment to be called up. When i finally was, a nice lady asked my why I was here, i told her that i would like to withdrawl my I485. She wasnt surprised, she said she sees these types of cases alot. I told her i sent my withdrawl letter to the Chicago Lockbox, she told me that i should send it with my divorce filing to the National Benifits Center, which i did today. She told me as soon as my I485 and I864 are withdrawn that the Beneficiary is bascially out of options and she dosent have much to do. She told me to make copies of all my docs. I was pretty satisfied, i forgot to ask her if she put some kind of red flag on her file through the computer. Does anyone know if she does.

Please feel free to ask any questions or add any comments!