Wife pulled petition without my knowledge

[Arif Ali 4]

we are still waiting for more details as to why it took 2 years for AOS

[NigeriaorBust 4,087]

No he would be able to remove conditions had he gotten the green card to begin with if he could prove good faith marriage. Right now he is without grounds to file AOS. What class would he use ? He can't self petetion, his wife won't, he has no means for affidavit of support as he can't work ( no EAD no green card ) There is no way to prove a valid petitionable relationship ( good faith but dead doesn't count for getting the green card ) No verifiable abuse no VAWA. Don't give false hope by confusing ROC based on good faith marriage with AOS from a K1 where no marriage exists anymore. Many sites will claim to get thing that don't exist and will gladly empty you pocket before you leave the US. The case you cited the decision was still pending at the time of divorce and apparently the affidavit of support was still in place. In this case the denial is in place and the affidavit has been pulled.

Edited April 11, 2012 by NigeriaorBust

[Sandra G. 5,048]

Nijabound I didn't find any Immigration Law or amendment stating what are you saying. The Class Member in Hootkins v. Chertoff refers to widows and to all aliens who within ninety days of admission to the United States as a nonimmigrant fiancé(e) the US Citizen spouse DIED. Please provide some reference. You've posted a broken link.

The Class member states:

-"All aliens who, within ninety days of admission to the United States as a nonimmigrant fiancé(e), married the petitioning United States citizen, and whose citizen spouse died before the couple's two-year wedding anniversary, so long as he or she can also demonstrate that the citizen spouse filed an I-129F petition and a Form I-864 or I-864EZ affidavit of support on behalf of the alien spouse, and (1) the Form 1-129F petition is now pending with or was adjudicated by a USCIS office located within the jurisdiction of the Ninth Circuit, or (2) at the time of the citizen spouse's death, either the citizen spouse or the alien spouse resided within the jurisdiction of the Ninth Circuit:.

-"For surviving spouses admitted to the United States as K nonimmigrants, there will be no Form I-130 if the couple married within 90 days of the K-1’s admission. In this situation, for purposes of adjudicating of a Form I-485 that was pending on October 28, 2009, the K-1 nonimmigrant, and any K-2 children, will be deemed to be the beneficiaries of an approved Form I-360".

Edited April 11, 2012 by sandranj

[TBoneTX 45,329]

The OP needs to have an initial consultation with a good family-based-immigration attorney. However, like others above, I see no way for the OP to remain legally in the U.S.

[Pinoylover 6]

All i know is my ex wife is still here in the states and they will not do a damn thing about it she's lazy and doesn't want to work! But I'm sure you have a job and have been here already 3 years so i would contact the USCIS and see if you need to redo something to get what you need they are your best bet. I think you will be throwing your hard earn money away getting a lawyer. Bottom line they will not deport you!

Edited April 11, 2012 by Pinoylover

[Tygrys 143]

Despite the divorce, he is still entitle to apply for the Adjustment of Status on his own since he came on K1 visa. I disagreed with the people that posted that he would not be entitled to adjust status. The case of Choin and Mukasey is an eye opener for every applicant that came on K1 Visa. Please view this site and look for an immigration Attorney that will work with you through out the entire process. http://www.visapro.c...s/?a=1169&z=36. Please before you post anything as an advice to any applicant that needs help, always search for the recent immigration amendments in such cases to avoid misleading the applicant. US Immigration Laws is changing everyday, If he can demostrate that he enters the marriage in good faith, his permanent residence is certain without any hinderance.

You're confusing AOS with ROC. As the OP never gained conditional residence, at this time there is nothing he can do. His wife is alive, too... cited precedent doesn't apply.

Seeing an immigration attorney is a good idea, though.

[jerryadams 1]

Hi Guys, thanks for your responses. Here is the edited letter I received from the USCIS as to why my case was denied. Here is the snippet of the letter I received from USCIS dated Jan 2012 after I called them and told them I didn't get any notice.

NOTICE OF DECISION

Your Application to Register Permanent residence or Adjust Status (Form I-485) pursuant to section 245 of the Immigration and Nationality Act (INA) is denied for reasons stated in the attached decision.

PROCEDURAL HISTORY

Service records indicate that you filed your Application for Permanent Residence (Form I-485) in 2009. You based your application on an approved Petition for Alien Fiance filed on behalf by your spouse.

APPLICABLE LAW & DECISION

INA 213A(a) of the Act states in part:

INA 245 of the Act states in part:

INA 212(a) of the Act:

CONCLUSION:

The record shows that petitioner, (Spouse Name) filed an Affidavit of Support (Form I-864) on your behalf. On Oct, 2011, your wife notified this service by mail that she was withdrawing the Form I-864 that she filed on your behalf. Therefore, you are not eligible for AOS under INA 245(a)(2), because you are inadmissible as an alien who is likely to become a public charge pursuant to INA 212(a)(4)© because the affidavit of support that was filed on your behalf by (Spouse Name) was withdrawn.

In view of the foregoing, your application for status as a permanent resident must be and hereby is denied.

As to why it took two years to decide on the case, I do not know. Their reasons where they were doing background checks. Hiring an immigration lawyer may be a good thing but since this is an immigration forum with people that have gone through similar experience or know of something closely related, I wanted some advice so I don't throw money down the drain.

[kzielu 1,149]

Your best advice is making plans on returning to your home country, unless you choose to stay illegaly. To put it short, you have no way of gaining permanent residence.

[Bobby+Umit 161]

I agree with the others - your status is "out of" now. She pulled the 864, killing the AOS, so you revert back to the status you had prior to the AOS, which expired after the 90 days of the initial I-94. (so now you are accruing days - which if you go over an 180 days will result in a ban.

The case of the widow (in the cited case above) is different then yours. The sponsor didn't pull the 864, he just died. All the paperwork was in place, so there was the assumption that she would of been given the GC if he didn't die.

That isn't your case - your 864 was pulled. Your now in divorce proceedings.

By all means, seek out an immigration lawyer. However, unless your wife sponsors you, you have no choice to stay - since you came in on a K-1.

[NigeriaorBust 4,087]

Right now you could spend lots of money fighting the decision and maybe win but it is very doubtful. You could leave , you have incurred a ban for overstay but you aren't deported yet. If you should marry now ( once divorced) , or in the future you could be petitioned again, they will look closely at this current case. Take whatever evidence of a valid relationship and good intentions you have with you if you think you will ever try to come to the US again.

[jerryadams 1]

Does this mean an employer can't sponsor a work visa even while I am in the US? Or say if I win the DV lottery?

[Tygrys 143]

Right now you could spend lots of money fighting the decision and maybe win but it is very doubtful. You could leave , you have incurred a ban for overstay but you aren't deported yet. If you should marry now ( once divorced) , or in the future you could be petitioned again, they will look closely at this current case. Take whatever evidence of a valid relationship and good intentions you have with you if you think you will ever try to come to the US again.

One caveat: Since OP entered on K1, he has to adjust based on marriage to his original petitioner. There is no possibility of adjustment through marriage to another person without leaving the US.

He can be petitioned as a fiancee or husband again by someone else, but will have to go through the whole process in his home country.

[Fight for Love 98]

Despite the divorce, he is still entitle to apply for the Adjustment of Status on his own since he came on K1 visa. I disagreed with the people that posted that he would not be entitled to adjust status. The case of Choin and Mukasey is an eye opener for every applicant that came on K1 Visa. Please view this site and look for an immigration Attorney that will work with you through out the entire process. http://www.visapro.com/Immigration-Articles/?a=1169&z=36. Please before you post anything as an advice to any applicant that needs help, always search for the recent immigration amendments in such cases to avoid misleading the applicant. US Immigration Laws is changing everyday, If he can demostrate that he enters the marriage in good faith, his permanent residence is certain without any hinderance.

i agree with you..well said :thumbs:

[jerryadams 1]

The link http://www.visapro.com/S/ErrorOccured.asp provided by Nijabound is not working. Can you provide the correct web link so I can read what you are talking about

[Tygrys 143]

i agree with you..well said :thumbs:

The fact that you agree with post describing totally different situation has no bearing on OP's case whatsoever.

As many members have already pointed out, there is no path to AOS in his particular case.

Unless of course he reconciles with his wife and she decides to support his AOS in a new filing.