Withdraw I-485

[jaysonronny 0]

Should i withdraw my I-485 or not?

This is my step for K1 visa to USA:

- My wife sponsor me to USA on K1 visa.

- We got married 1 month after i depart in USA.

- I file for I-485 and sent it to uscis lockbox.

- Got biometric appointment.

- Got Interview appointment for i-485.

- 1 week before interview investigator come to my wife's house and interview her to find out if we are fraud or not.

(Me and my wife are not living together. she told me to live at her sister's house and she will move to live with me soon, but it seem like she have no intend to move and live with me at all). later I found out that she is living with her ex boyfriend after she got married with me. She even told investigator that our marriage is fraud and even signed a letter admitted that she had fraud marriage. (investigator promise her not to take her to jail if she tell the truth). She said she got 25000$ from me, but this is all the money my Mom gave us to start a new life with my wife in USA. (This is Chinese people tradition to give money to their child after married). I'm new to USA and i don't even know anything about this country that's why my wife play this trick to get money from me.

- She is now living and happy with her ex boyfriend. she kept me at her sister's house and i don't even have money to buy food. I have no job, car or anything. All i do to survive myself is spending 65 mins to walk back and forth to mall and buy bread to eat. I sold my iPhone then save the money buying and selling iPhone on craigslist for profit to survive myself. this is a hard time and so stress out in my life.

- Investigator come to me and ask me to withdraw my I-485 application or keep it going through to INS. (He told me he gave chance to me so i can come back to USA again).

1. Please let me know what they are going to do with me?

2. What should i do? withdraw i485 or keep it going through?

3. What is next if i withdraw i485?

4. Will it effect my future if i have 2nd marriage life? (This is my first marriage life in my life and it doesn't work at all after we got married)

Note: investigator email me to cancel my interview appointment.

Thanks so much a long reading of my story...

Thanks for any advise u gave me....

Edited August 8, 2012 by jaysonronny

[canadian_wife 1,826]

If your wife signed a paper saying the marriage was a fraud, I highly doubt you'll have a successful interview.

I suggest you cut your losses and go home. Speak to her sister about getting some of that money for a plane ticket home, or talk to your parents about borrowing some money

Good luck

[Xanax 349]

I am so sorry this is happening to you.

I don't have much advice, but can you get any of the money back from your wife? Could your parents help you?

I guess it all depends what you want to do, do you want to stay or go home?

If all else fails the Chinese embassy should be able to help get you home.

Edited August 8, 2012 by Xanax

[kzielu 1,149]

1. Please let me know what they are going to do with me?

2. What should i do? withdraw i485 or keep it going through?

3. What is next if i withdraw i485?

4. Will it effect my future if i have 2nd marriage life? (This is my first marriage life in my life and it doesn't work at all after we got married)

Note: investigator email me to cancel my interview appointment.

Thanks so much a long reading of my story...

Thanks for any advise u gave me....

1. Most likely deport you.

2. Your choice - seems you have zero chance of legally staying in US in your situation, being you I would withdraw and leave ASAP.

3. Leave ?

4. It has nothing to do with your marriage - you can marry whoever you want. If you are thinking about finding another wife in US, then remember you will be unable to adjust status based on marriage to someone else to original K-1 petitioner - meaning, it does not give you absolutely anything in terms of US immigration.

If you leave them marry and try to immigrate to US (assume you are talking about 2nd marriage to another US citizen), then possibly - with all USCIS fraud documentation they have - you'll have lots of trouble getting any petition for you approved. Not impossible, but certainly difficult.

[del-2-5-2014 1,339]

I am so sorry this is happening to you.

I don't have much advice, but can you get any of the money back from your wife? Could your parents help you?

I guess it all depends what you want to do, do you want to stay or go home?

If all else fails the Chinese embassy should be able to help get you home.

This piqued my interest.

Since the "Wife" admitted fraud to LEO, can he sue her?

[jaysonronny 0]

Thank for ur advise.... I really want to have my life in USA n I really want to go to school. Any possible chance for me to do that?

[aaron2020 11,651]

Thank for ur advise.... I really want to have my life in USA n I really want to go to school. Any possible chance for me to do that?

No. Fraud charge eliminates any possibility of being legal in the US.

At this point, you can withdraw the petition and go home or wait to get deported. You cannot legally work or go to school in the US.

[jaysonronny 0]

But I didn't commit any fraud... What should I do?

[Harpa Timsah 13,258]

Is this the same story? http://www.visajourney.com/forums/topic/382187-trouble-in-unacceptable-green-card-application/

[kzielu 1,149]

But I didn't commit any fraud... What should I do?

It is totally irrelevant whether you did commit fraud or not. You have no basis to stay / immigrate. Intent of family based immigration is to join family, not immigrate because someone wants to live in US.

[aaron2020 11,651]

But I didn't commit any fraud... What should I do?

You have no basis to stay in the US.

Without the legal right to stay in the US, your only legal action is to withdraw the petition and go home.

Without a real marriage, what basis would you have to remain in the US? None.

[beejay 125]

Does anyone find it odd that an investigator came to the house and gave the OP the opportunity/advice to withdraw the petition? It seems that if USCIS thought someone was guilty of visa fraud especially after a home visit they wouldn't be interested in protecting the applicants ability to return to the US.

OP- Did the person who came to your house use the acronym "INS" to identify themselves? How do you know what went on at your wife's house? What was the email address of the investigator who wanted you to cancel the appointment?

It seems like a lot of panic and hubbub a week before the AOS interview. I think there is a possibility that someone (I assume your wife and her boyfriend) may be trying to intimidate you to withdraw your petition.

Even if that's not the case you are not in a very good situation, OP. Your wife is unwilling to help in your pursuance of your adjustment of status.

[Moomin 292]

Regardless of the visit you had, your relationship is not a bonafide marriage, in which case you will be lying at your interview - both of you, since you are both required to be there, and bring proof of your relationship/marriage. Withdraw the I-485 and go back to home country. You have no grounds for a VAWA case, and you can only adjust through your marriage to her, meaning it is a dead end staying in the US legally.

You could make an infopass appointment to inquire about the home visit or your i-485 however what you do from now on will only attract negative attention to your case.

[Sandra G. 5,057]

It doesn't matter if you did not commit any fraud, you don't have evidence to prove a family relationship between your wife and you in order to get a green card. You don't live with her anymore. It's time to start packing up your belongings.What are the chance to re-enter the United States in the future? I would say "zero".

Edited August 9, 2012 by sandranj

[Karee 4,191]

It doesn't matter if you did not commit any fraud, you don't have evidence to prove a family relationship between your wife and you in order to get a green card. You don't live with her anymore. It's time to start packing up your belongings.What are the chance to re-enter the United States in the future? I would say "zero".

Exactly. Start looking at air fares.