Wife pulled petition without my knowledge

[jerryadams 1]

You are right mate - so very right. Thanks again.

[forever waiting 11]

If you have been married for two years and you did file AOS there may be a chance. I would seek advice from an attorney. A good attorney can help you if there is a way.

Good luck

[jerryadams 1]

I was married for two years and did file AOS but from what it seems, everyone is saying I am out of luck.

[VanessaTony 3,567]

I was married for two years and did file AOS but from what it seems, everyone is saying I am out of luck.

You are unfortunately. By all means please see an immigration attorney but the length of marriage isn't relevant. She pulled her support and you need that for AOS unless you want to try for abuse but you'll need proof and if it really was abusive you would have left and filed for that long before she pulled her support. That and you need evidence like photos, police reports, psychologist reports, witness reports. It takes AGES for it to go through (if it does go through) and all that time you're in limbo.

I'd go home personally. Someone like her is not someone I would want to stay around when I have a family in Australia that is loving and supportive (most of the time )

[VanessaTony 3,567]

If you have been married for two years and you did file AOS there may be a chance. I would seek advice from an attorney. A good attorney can help you if there is a way.

Good luck

No there really isn't. The length of marriage isn't relevant at this AOS stage. Different if ROC and he already had a card. He's pretty SOL.

[Harsh_77 718]

Wow,

So due to no fault of mine and nothing I have done wrong; I am the one that has to deal with all the problems. I never knew the K1 is so restrictive. I appreciate all the responses, it's a real eye opener.

You can argue it was not your fault or none of your wrong doing, but that’s how it works.

You came to US as spouse, but when your wife pulled back the Affd of Support she demonstrated she does not want to be with you.

So in eyes of USCIS if there was no marriage then there was no reason for them to grant you permission to stay in US.

[jerryadams 1]

Thanks guys. Your advice and suggestions are really helpful and will help me make a decision.

[jerryadams 1]

Cheated? Dude, I loved my wife. I did everything for her, paid all the bills and took care of her. We were still together even after she withdrew it and never told me. Everything was fine until I re-applied to renew my EAD and found out that it was denied. I asked why she did it and she said I made her mad because she had asked me for some money and I told her I didn't have it. That is what hurt me the most. My wife has a very violent temper and you can't tell what she will do next or what you may or may not do that will upset her. I have done everything I know and now this.

My concern is even if we patch things up how do I know that she may not do this again. I am just looking for answers and options and it appears I don't have much

[together4evr 360]

I think some people are misunderstanding or maybe I am.

He came here as a fiance and got married within 90 days

He sent of AOS---but I do not know when????? If he filed quickly or he filed LATE

Anyhow-that was 2 years ago when he got married....he never got a green card and when he finally called and got someone to admit his 864 was pulled 2 years ago-he was shocked.

He had contacted uscis but no one told him his wife pulled the 864 until October???

Please correct me if I am wrong.

But according to my understanding is he never got the 2 year greencard after marriage. He was waiting for his interview and never got called. He was waiting for his greencard and it never showed up.

[Nijabound 2]

Let us understand the background of this case. This man came on K1 Visa and married the petitioner within 90 days and the Petitioner and the beneficiary applied together for the change of status to permanent residence but on the process of AOS, both of them have misunderstanding and the petitioner decided to withdraw the Affidavit of Support, when the beneficiary found out both got divorce. The questions here becomes whether the withdrawal of the Affidavit of support from the petitioner made him ineligible to apply for the Adjustment of Status. The answer is no. The Laws only permits K1 visa applicant who married their spouse with 90 days of arriving in the US is eligible for Adjustment of Status irrespective of Affidavit of support from the petitioner after wedding or withdrawal of the petition.The law only states for the K1 visa applicants are eligible after marriage to the petitioner who petitioned for them. If petitioner refuses to support him file the AOS, he is still eligible for Adjustment of Status as long as he had married the petitioner on the basis of that case based on Law and it was in good faith. It is left for DHS to review and evaluate the petition before making a determination on that case. Please stop misleading the applicants that needs help. The beneciary is completely eligible in such cases. If he had arrived on B2 Visitors visa or anyother type of visa and married the petitioner in the US,thats when he will not be eligible to adjust status in such situation if the petitioner decided to withdraw the Affidvait of support. Please stop misleading applicants that needs help in such situation. The intent of couple before and after the wedding is essential when evaluating such cases even after 90days of wedding on K1 visa cases before divorce. If a K1 visa applicant can get divorce and still applied for Ajustment of Status, he is eligible based on law, it is left for USCIS to make a final determination on such cases.

[DaniG 3]

Let us understand the background of this case. This man came on K1 Visa and married the petitioner within 90 days and the Petitioner and the beneficiary applied together for the change of status to permanent residence but on the process of AOS, both of them have misunderstanding and the petitioner decided to withdraw the Affidavit of Support, when the beneficiary found out both got divorce. The questions here becomes whether the withdrawal of the Affidavit of support from the petitioner made him ineligible to apply for the Adjustment of Status. The answer is no. The Laws only permits K1 visa applicant who married their spouse with 90 days of arriving in the US is eligible for Adjustment of Status irrespective of Affidavit of support from the petitioner after wedding or withdrawal of the petition.The law only states for the K1 visa applicants are eligible after marriage to the petitioner who petitioned for them. If petitioner refuses to support him file the AOS, he is still eligible for Adjustment of Status as long as he had married the petitioner on the basis of that case based on Law and it was in good faith. It is left for DHS to review and evaluate the petition before making a determination on that case. Please stop misleading the applicants that needs help. The beneciary is completely eligible in such cases. If he had arrived on B2 Visitors visa or anyother type of visa and married the petitioner in the US,thats when he will not be eligible to adjust status in such situation if the petitioner decided to withdraw the Affidvait of support. Please stop misleading applicants that needs help in such situation. The intent of couple before and after the wedding is essential when evaluating such cases even after 90days of wedding on K1 visa cases before divorce. If a K1 visa applicant can get divorce and still applied for Ajustment of Status, he is eligible based on law, it is left for USCIS to make a final determination on such cases.

Assuming he is eligible, which is not very certain outside the 9th Circuit (and even in the 9th, because in Choin it doesn't appear that the affidavit of support was withdrawn, they only divorced) but maybe he does have a chance if he fights it hard with a good lawyer, then would he have to appeal the original denial (and within what time frame) or file a new petition?

[Reyan 56]

The OP had a basis for adjusting his status by marrying within the 90 days (K-1 requirement), but without the Affidavit of Support (I-864) it won't go anywhere. Think of it this way, if the AOS package had originally been submitted without the I-864 you would have gotten an RFE. Being eligible is one thing, but without the required supporting document/evidence it doesn't do you any good.

http://www.uscis.gov/files/form/i-485instr.pdf

[Tygrys 143]

Let us understand the background of this case. This man came on K1 Visa and married the petitioner within 90 days and the Petitioner and the beneficiary applied together for the change of status to permanent residence but on the process of AOS, both of them have misunderstanding and the petitioner decided to withdraw the Affidavit of Support, when the beneficiary found out both got divorce. The questions here becomes whether the withdrawal of the Affidavit of support from the petitioner made him ineligible to apply for the Adjustment of Status. The answer is no. The Laws only permits K1 visa applicant who married their spouse with 90 days of arriving in the US is eligible for Adjustment of Status irrespective of Affidavit of support from the petitioner after wedding or withdrawal of the petition.The law only states for the K1 visa applicants are eligible after marriage to the petitioner who petitioned for them. If petitioner refuses to support him file the AOS, he is still eligible for Adjustment of Status as long as he had married the petitioner on the basis of that case based on Law and it was in good faith. It is left for DHS to review and evaluate the petition before making a determination on that case. Please stop misleading the applicants that needs help. The beneciary is completely eligible in such cases. If he had arrived on B2 Visitors visa or anyother type of visa and married the petitioner in the US,thats when he will not be eligible to adjust status in such situation if the petitioner decided to withdraw the Affidvait of support. Please stop misleading applicants that needs help in such situation. The intent of couple before and after the wedding is essential when evaluating such cases even after 90days of wedding on K1 visa cases before divorce. If a K1 visa applicant can get divorce and still applied for Ajustment of Status, he is eligible based on law, it is left for USCIS to make a final determination on such cases.

Before I said you were persistent. Now I have to say you're just plain... let's just call it stubborn.

One more time, the OP does not have a legal standing to file for AOS alone.

If they reconcile and his wife decides to cooperate and refile including I-864, fine, they can do it again. If not, there is no way for him to adjust.

Edited April 12, 2012 by Tygrys

[NigeriaorBust 4,087]

In the case being cited the petition was still unresolved and the affidavit was still in play. That is not the case now. The case was denied long ago while the marriage was still valid, nothing was done in a timely manner to oppose the original decision and there is no active affidavit of support at this moment. He should actually check to see if they have deported him in absentia. Two very different cases and conditions. It is like saying I can drive a big rig because I can drive a dually with a 5th wheel. Close but not close enough. The OP originally stated he wasn't opposed to returning home. At this point fighting would be a very expensive thing with a poor outlook. He is unable to work so there is no money to fight with. He has done nothing to earn a permanent bar from the US and actually has a waiverable ban for overstay. He should be able to leave and return at another point. He should take all evidence of good intent from this frustrating foray with him to help him if he wants to return in the future.

[jerryadams 1]

I verified with the USCIS and it was denied but I am not in any removal proceedings. So, it appears I have two options:

1. Patch things up with my wife and pray that she doesn't do it again or go crazy on me

2. Count my loses and go back home