wanting to withdrawl petiton

[Dominicana 0]

hello, I am new here so please if i am posting wrong i am sorry.

I have a friend that recently came to me for help on a personal matter and I just dont have an answer for her considering I have not been in her shoes. I am hoping that from advice from you all i can advise her.

she got married to a man from colombia. they have been married for 4 years. she is just now adjusting his status because she wanted to make sure they there were truely in love before doing the paperwork and spending the money.

so heres her problem. the gentleman has recieved his work card at the beiginning of may and they have an interview coming up very soon.

she says she doesnt want to go threw with it. she has learned that she is being used. she said that his family treats her like dirt and once he had his work card they started telling her that she a good person and everything. she said in 4 years they have never had anything nice to say to her or about her.

she wants to walk away. now what are her options. the gentleman told her if she doesnt go then he will find someone else to take over his petition that she started. can he do that?

she also asked me how can she report that his parents are here on a tourist visa working illegally.

i do not know the answers to any of this and if anyone can help i would appericate it so much. thank you all for your time

----Marisol---

[jaycali 415]

This "gentleman" is wrong. The petition is based on THEIR marriage, and not anyone else's marriage or his marriage to anyone else. This petition cannot be approved on any other grounds.

I'm not very experienced on withdrawals, but my first reaction would be to call the USCIS and tell them she wants to withdraw her petition. If she believes she is being used for immigration benefits, she might also want to let them know that's the reason for withdrawing. If she wants to report illegal workers she needs to call ICE (Immigration and Customs Enforcement).

Edited June 5, 2012 by jaejayC

[milimelo 4,481]

If she pulls the I-864 (affidavit of support) that will kill the petition. She can also show up at the interview and tell the interviewer that she is pulling the I-864 and I-130. She can set up an infopass at her local USCIS office BEFORE the interview >> http://infopass.uscis.gov/ and come with a notarized statement saying she she pulling I-864 and I-130 for such and such reason.

Re: illegal parents - standard rules apply: VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423

[FinallyDone:) 10]

This sounds like a bad situation! I think you should reach out to ice

[Dominicana 0]

This "gentleman" is wrong. The petition is based on THEIR marriage, and not anyone else's marriage or his marriage to anyone else. This petition cannot be approved on any other grounds.

I'm not very experienced on withdrawals, but my first reaction would be to call the USCIS and tell them she wants to withdraw her petition. If she believes she is being used for immigration benefits, she might also want to let them know that's the reason for withdrawing. If she wants to report illegal workers she needs to call ICE (Immigration and Customs Enforcement).

hello jaejayc,

thank you for your reply

I have just spoken to my friend this morning and she said that they have told her that she cannot do anything to cancel the petition( when she says they she means their lawyer and his family). She told me that she also hired an divorce attorney to file for divorce. i told her what you said about calling to withdrawl petition and she said she explained this to their lawyer and he told her she couldnt do that and she had to continue with the processs otherwise she could be jailed for immigration fraud.she is very upset and does not know what to do. i personally have no ideal.VJ has been great for my personal journey so im am praying someone has been in a similar situation can help.

far as the parents working and living her illegal, will calling ICE get her in trouble for not reporting it soon as it started

oh and her husband( if you can even calll him that) has stated that he could pay someone else to go with him to the interview if she doesnt go. she said that he told her that its easy to have an id card fixed.

i just dont know what to tell her:(

[Dominicana 0]

If she pulls the I-864 (affidavit of support) that will kill the petition. She can also show up at the interview and tell the interviewer that she is pulling the I-864 and I-130. She can set up an infopass at her local USCIS office BEFORE the interview >> http://infopass.uscis.gov/ and come with a notarized statement saying she she pulling I-864 and I-130 for such and such reason.

Re: illegal parents - standard rules apply: VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423

thank your milimelo for this i have given this information to her this morning. although she seems to think she cannot do any of this becuase the lawyer said she couldnt

[jaycali 415]

She CAN withdraw the petition. It's HER petition, and her petition alone. Not theirs.

She will not get jailed for immigration fraud if she didn't know she was being used.

Edited June 6, 2012 by jaejayC

[BethandBilly 86]

She needs to withdraw the I-864 immediately, she will not get in trouble for it, however they can for trying to force her to apply for the GC even though she knows its fraudulent. Please tell your friend to do this asap, she needs to protect herself. Oh and she needs to remove him from the the house and have all locks changed and all joint accounts closed. The lawyer by the way could be in trouble for trying to force the petitioner in to the GC knowing full well it's fraudulent, just so you know.

Good Luck to your friend and I wish her much strength, it seems to me like she is going to need it.

[belinda63 3,038]

THEIR attorney is feeding her a load of BS which some see as being an attorney's job, getting what the client wants any way possible. She needs to call USCIS and withdraw the affidavit of support, follow this up with a letter. Without a valid affidavit of support he cannot adjust status. She may also want to call the local office and inform them of his threat to appear at the interview, if one is scheduled, with a "stand-in".

As to the parents, Call ICE and follow-up with a letter including as much detail as possible.

The only way she will get in trouble now is to continue to not report the violations.

[aaydrian 479]

THEY CAN'T FORCE HER TO DO ANYTHING.

Tell your friend that she doesn't need to even talk to her husband's lawyer in regards to pulling the petition SHE filed. Your friend should also NOT do anything that lawyer may suggest. Do what the other folks have said and your friend will be okay.

[Dominicana 0]

thank you everyone for these replies. i appericate it so much. as for my friend i seen her today. she is very depressed and talking crazy. i told her to call ice but she is worried they will try to get her in trouble by claiming abuse. she told me that the lawyer told her husband that he can file form i-360( i think) for spousal abuse GC. i know she has never laid on hand on him. but i cannt same the same vice versa. he has beaten her often. i cannot understand why she didnt report that. she told me that she wants to throw herself in front of a train. I am trying to help her but it seems impossible situation for me to help. if i walk away i fear she may lose her life but if i stay i am involved with something i dont wanna ve involved with.

can i report the family to ice if she doesnt?

[Tinchen_ 21]

I'm sorry for your friend, please shake her up so that she sees that she needs to protect herself.of course he and his family going to tell her a lot of BS, that what criminals do.there shouldn't be any alone time between them, save emails and any other prove she has for his fraud.change locks, bank accounts, phone number so on and on.

You can report the family to ICE.shouldn't be a problem at all. And please,please tell her to stop listing to him, his family and that "laywer".she won't get in trouble to report his family to ice or withdraw her support. Maybe she could stay some days with u to get away from them and clear her head???

[james&olya 1,121]

thank you everyone for these replies. i appericate it so much. as for my friend i seen her today. she is very depressed and talking crazy. i told her to call ice but she is worried they will try to get her in trouble by claiming abuse. she told me that the lawyer told her husband that he can file form i-360( i think) for spousal abuse GC. i know she has never laid on hand on him. but i cannt same the same vice versa. he has beaten her often. i cannot understand why she didnt report that. she told me that she wants to throw herself in front of a train. I am trying to help her but it seems impossible situation for me to help. if i walk away i fear she may lose her life but if i stay i am involved with something i dont wanna ve involved with.

can i report the family to ice if she doesnt?

Have her talk IMMEDIATELY with her own attorney, preferably one that is familiar with immigration issues as well as family law in her state! She must find out from someone she will trust and believe knows what they are talking about and is representing only her interests. She will potentially be in far greater trouble if she fails to act promptly to protect herself and turn this guy in! If you are truly her friend you will not walk away when she most needs you!

[Peter_Pan 661]

AFter 4 years of marriage, can't he AOS on his own or smth?

[NigeriaorBust 4,087]

Your friend is in a dangerous place. She is in the midst of people wanting green cards at all costs. Have her contact the local womans shelter for help. Even if the house and its contents are hers they can be replaced and her life can't ( don't forget he could try to continue the petition as a widower ) She needs to file for divorce ( AOS ids for a married couple not people divorcing ) Take the divorce papers to an INFOPASS appointment and withdrawl the I 864 and then serve hubby with an order of protection/restraining order. It may be safer for her to leave the house than to try to stay there. Many police will do a peace keeping effort if someone is moving out from such a situation. And report his layer to the bar association.