Adjustment of Status

[Tong Yan 2]

It came to know that the husband is seeking lawyer to appeal. My friend is proceeding with the divorce as the plaintiff and moving out. However, the husband refused to be the defendant and he wants to be the plaintiff and his reason for doing it is it will help him in the future for USCIS appeal or any other USCIS process to get green card. Anyone out there any feed back on these?

[Brian1967## 119]

OP When you go to infopass apt ask to speak to the FDNS officer on duty (Fraud Department of the National Security Directorate) This is a Department within USCIS that is in charge of investigating cases like yours of fraud. You need to tell the story and give him/her the paperwork you have to cancel any and all forms and ask his help to make entry into the computer to stop any and all process because of fraud. I do not mean to sound like the rest, did you delay thinking things would work out? If not you should have acted back in April, follow other posters advice and take the permit back to USCIS yourself or write return to sender, Forwarding address unknown.

[Tong Yan 2]

So have to make another appointment with USCIS.. Thanks for this information. The info sent to ICE is not good enough to stop him for appealing?

[belinda63 3,038]

He can appeal, which will buy him more time but he will lose. Without an I-864 there is no hope for the current adjustment of status to be approved. Even if this were not an issue, his adjustment has to be based upon his marriage to the woman who brought him and she has filed for divorce.

As to him wanting to be the plantiff in the divorce, he can want all he wishes, she filed first so she is the plantiff. I have never heard of a court reversing this.

Tell your friend to never, ever be alone with this man. Don't talk to him, don't be around him, don't send him mail, nothing. The only way he has of remaining is to file a VAWA petition claiiming she abused him. If she needs to go to the house to get her things she should bring friends or the police.

Question? How does he have money for an attorney and such since he has no work permit?

[Tong Yan 2]

My friend has a police report against him on domestic violence. He stopped her from filing the divorce instead he said he will file it. Answer to your question.. He is jobless but has a woman whom he had adultery with her supporting him. So my question is does my friend need to file the divorce as soon as possible before he file?

[Caryh 5,206]

My friend has a police report against him on domestic violence. He stopped her from filing the divorce instead he said he will file it. Answer to your question.. He is jobless but has a woman whom he had adultery with her supporting him. So my question is does my friend need to file the divorce as soon as possible before he file?

If she wants to control the divorce process, then yes she does need to file. Whoever files first is the plaintiff. It doesn't make much of a case for him abusing her if he's the one filing for divorce.

Much of how the divorce will work is dependent on local laws.

[VanessaTony 3,567]

My friend has a police report against him on domestic violence. He stopped her from filing the divorce instead he said he will file it. Answer to your question.. He is jobless but has a woman whom he had adultery with her supporting him. So my question is does my friend need to file the divorce as soon as possible before he file?

SHE needs to file it. The petitioner controls the process, sets the speed. He can't "refuse to be the Defendant". If she files, he IS the Defendant. The simple fact that he said he wants to be the petitioner 'cause it will help him later should have had her file THAT DAY.

So to answer your question yes, your file should see a lawyer and file NOW... before he tries to claim fraud, or abuse or any other ####### that will cause her headaches.

[Darnell 8,478]

It came to know that the husband is seeking lawyer to appeal. My friend is proceeding with the divorce as the plaintiff and moving out. However, the husband refused to be the defendant and he wants to be the plaintiff and his reason for doing it is it will help him in the future for USCIS appeal or any other USCIS process to get green card. Anyone out there any feed back on these?

the person that files as the plaintiff controls the divorce proceedings.

USCIS appeal is useful to who? (you know the answer already)

if her intent was to make certain he could not adjust status THROUGH HER, then she needs to do a bit more.

My friend has a police report against him on domestic violence. He stopped her from filing the divorce instead he said he will file it. Answer to your question.. He is jobless but has a woman whom he had adultery with her supporting him. So my question is does my friend need to file the divorce as soon as possible before he file?

i just got lost on gender here.

I invite you to come back, rewrite what's what, in this one post.

[Darnell 8,478]

So have to make another appointment with USCIS.. Thanks for this information. The info sent to ICE is not good enough to stop him for appealing?

Your friend not 'do it right' with ICE shift supervisor the first time

so getting in with the FDNS will be the only route for getting something done, at the moment.

Your friend seems to waver on things , when advice is given here and you 'give over' the advice to her.

What's going on? Are you seeking 'concensus' elsewhere? If so, why?

[Tong Yan 2]

Sorry ... Do not understand your last text. We did not seek any info else where but we do know that we need to involve lawyer if it is uncontested divorce. Meantime, we will do whatever to get him deny for his appeal. Info pass appt set.

[Tong Yan 2]

Let me make it clear. The wife is a US citizen petition for her husband (illegal alien) and she found out that it is a marriage scam wherby the husband is using her to get the green card. The petition has been sucessfully withdrawn. However, the husband wants to appeal hopefully to over turn her decision so that he can get the green card.

[belinda63 3,038]

She needs to file for divorce. She needs to never be around him (the intending immigrant) alone ever again. Outside of court she should have no direct contact with him at all. He can appeal his denial all he wants but he will not win because there is no affidavit of support for his application to adjust status. If he did not come on a K-1 visa he can marry his new woman and have her file for him, if she is a USC, but it is looking bad since he will be shopping for a green card. Let him waste his money filing an appeal, not her concern. She needs to file for divorce ASAP and get this man out of her life. NEVER BE ALONE WITH HIM.

[Tong Yan 2]

Thanks so much ..... !