my husband withdrawal my i-485

[amira30 2]

You have been married for a short time and your spouse has withdrawn sponsorship for your 1-485.

And you want alimony.

You have no one here, no relatives and all your friends are your husband's friends.

Correct me if I am wrong, but it seems like you wanted to stay here despite all that?

Is there any reason why you'd like to stay here given all the circumstances you mentioned, as opposed to going back to your home country?

I don't want to stay here but he treat my like a ............ and I want to do something to hem to

You have been married for a short time and your spouse has withdrawn sponsorship for your 1-485.

And you want alimony.

You have no one here, no relatives and all your friends are your husband's friends.

Correct me if I am wrong, but it seems like you wanted to stay here despite all that?

Is there any reason why you'd like to stay here given all the circumstances you mentioned, as opposed to going back to your home country?

I don't want to stay here but he treat my like a ............ and I want to do something to hem to

[Darnell 8,478]

i know nothing about the laws of your state, but it smells like he's seeking to start a legal seperation.

That's not a divorce.

You get any legal advice from any attorney yet?

[amira30 2]

Unless the sponsor is a military member. Different rules apply to military members.

This actually depends on the state in which they are filing the divorce. States govern divorce settlements, not federal.

The question I want to ask the OP is... what do YOU want here? Are you happy in the marriage, and want to stay married? Or do you agree with (no contest) the divorce? If you want a divorce, and something crazy happens like your AOS is approved before USCIS gets his withdrawal request... would you leave, or stay here?

i'm not happy with my husband and I don't want to stay with him, but do you understand when someone treat you like a ........an after he want to get rid easily. I can't accept that

[belinda63 3,039]

You are going to have to accept it as hard as it may be. You cannot remain in the US legally. You probably are not entitled to anything. Best thing to do is have an unconstested divorce and go back home. Revenge usually backfires. For you to obtain a contested divorce you will need an attorney$$$$$$ and lots of time. You have no source of income that you have mentioned and your time in the country is limited.

[Villanelle 4,122]

Hmm, well based on the fact that you filed for your AOS in Nov and you should have been receiving your GC in the mail any day now, if not have already had it by now. Because he sent in his withdrawal request of the 864 (and I dont know where he sent it or if he even did it right) and that can take up to 30 days to make its way to your file, theres a chance the two crossed paths in the internal workings of the USCIS and his withdrawal did not make it there on time.

SO first you need to go online and check your case status. If it shows your card was issued, it means his withdrawal did not make it in time. It means the card was mailed to the address they have for you. If its the address you share with your spouse and you no longer live there with him, he has your card and has failed to give it to you and you need to either get it from him or pay to have it replaced from USCIS. It also means you do not have to leave the US as you are a permanent resident but you would have to remove the conditions on it after the divorce is done.

If the status is still showing initial review, then the card was not issued yet. You have to assume he filled out his withdrawal paper and properly submitted it and its just a matter of time for the denial notice to come. You did not mention if you are still living in the same home with him or not. If you are not then you should update your address with USCIS so that when they do send the denial notice you get it. If by some odd chance they do issue the card, you would want that to come to your correct address but the more time that goes by the less chance there is that the card is going to be produced.

Sometimes people will attempt to send in a withdrawal letter and it just doesnt get processed in time. It happens. But your odds of that happening are decreasing the more time that passes.

So one of two things are going to happen, you'll either get your card or youll get a denial. The denial would explain you were denied and advise you are out of status and things like overstay. They recommend you leave with in 30 days. Its in your best interest to do so if you want to be able to obtain future visas.

In regards to how compliant you have to be or how agreeable you have to be in the divorce- well you can be as agreeable or as difficult as you want. The position you take though is going to be effected by your legal status in some ways. Theres very little point in having a long drawn out battle over property when you do not have the luxury of remaining in the US to fight it out over who gets the candlestick holders and who gets the gold picture frame. You can go back to court and argue about it for months, the court doesnt care, but if you are not a permanent resident, its you thats going to be accumulating overstay fighting that battle and then what? Leave the US with a ban and your candlesticks? If it means that much to you to make that point then do it.

As others have explained the court is not going to award you anything substantial like alimony because the marriage has not been that long and alimony is very rare. It really only occurs in cases where there are children and where one party has given up significant time (like a decade or more) to raise the children while the other party worked and now the one party is at a disadvantage. The alimony is usually temporary. Decades ago it use to be common, but now with the equal rights push, it rarely occurs.

So I recommend you find out your status. If you do have the card and just dont know it, you would be in a position to bicker through the courts if you chose to for as long as youd like (but statistically people who go that route rarely report feeling satisfied afterwards). If you dont then you need to keep in mind that you have a deadline before you start incurring a ban and to try to fight for the things that really do matter, so think about what really does matter to you. What would you really need to get back home and start again there. How much money to get a place, how much for a ticket, what possessions in the home are meaningful to you and you want to bring with you, things like that.

[amira30 2]

this is my case status in website USCIC

Request for Evidence Response Review

On December 19, 2012, we received your response to our request for evidence. This case is being processed at our NATIONAL BENEFITS CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

[dwheels76 5,468]

this is my case status in website USCIC

Request for Evidence Response Review

On December 19, 2012, we received your response to our request for evidence. This case is being processed at our NATIONAL BENEFITS CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

So your case has been sitting since Dec. 2012 after a RFE. Hmmm. WOW I have no answers for you sorry.

[himher 634]

Unless the sponsor is a military member. Different rules apply to military members.

This actually depends on the state in which they are filing the divorce. States govern divorce settlements, not federal.

The question I want to ask the OP is... what do YOU want here? Are you happy in the marriage, and want to stay married? Or do you agree with (no contest) the divorce? If you want a divorce, and something crazy happens like your AOS is approved before USCIS gets his withdrawal request... would you leave, or stay here?

That is state law and the statement is accurate for both common law and community property states. Joint property is limited to property obtained during the marriage. TEMPORARY alimony/spousal support is generally awarded to a non-working spouse and ends at the time of divorce.

Edited September 2, 2013 by himher

[DavenRoxy 1,073]

It's not called alimony for military members, and it's an amount decided in military regs in lieu of a court-ordered amount. Most states pay alimony based on number of years of marriage. Not so in the military. You can be married for one week and be entitled to support not granted by the court system.

And my house became marital property the day we married, as specified by state law. I bought it before I met her. But now it's hers too. As I said, depends on the state.

Edited September 2, 2013 by DavenRoxy

[himher 634]

It's not called alimony for military members, and it's an amount decided in military regs in lieu of a court-ordered amount. Most states pay alimony based on number of years of marriage. Not so in the military. You can be married for one week and be entitled to support not granted by the court system.

And my house became marital property the day we married, as specified by state law. I bought it before I met her. But now it's hers too. As I said, depends on the state.

Few states award permanent alimony anymore and it usually requires proof of fault. ON the issue of property in California:

The state of California considers any property acquired during a valid marriage by a husband or wife community property. Sections 760 and 771 of the California Family Code outline the state law pertaining to community property. During a divorce proceeding, a judge will equitably divide community property based on possession, the wage earnings of both parties and the length of the couple’s marriage.

Again:

California law defines community property as any asset acquired or income earned by a married person while living with a spouse. Separate property is defined as anything acquired by a spouse before the marriage, during the marriage by gift, devise, or bequest, and after the parties separate.

And again (this is California):

Separate property is anything you have that you owned before you were married or before you registered your domestic partnership. Inheritances and gifts to 1 spouse or domestic partner, even during the marriage or domestic partnership, are also separate property. Rents, profits, or other money you earn from your separate property is also separate property. And property you buy with separate property is also separate property.

Thanks for the lesson. My post stands.

Edited September 2, 2013 by himher

[DavenRoxy 1,073]

I'll remember that, if I ever get married in CA. Unfortunately, that is not the case here.

And CA is VERY different from a lot of states, in lots of ways.

Edited September 2, 2013 by DavenRoxy

[DavenRoxy 1,073]

Alabama doesn't do it like CA, either:

Section 30-4-1 - Separate property of wife - Property held prior to marriage or acquired after marriage.

All property of the wife, held by her previous to the marriage or to which she may become entitled after the marriage in any manner, is the separate property of the wife and is not subject to the liabilities of the husband.

(Code 1886, §2341; Code 1896, §2520; Code 1907, §4486; Code 1923, §8261; Code 1940, T. 34, §65.)

In Texas, it's all assumed to be community property, unless it can be proven to be separate:

Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY. (a) Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.

(b) The degree of proof necessary to establish that property is separate property is clear and convincing evidence.

And in Arkansas:

Marital and separate property can also be mixed together—sometimes called "commingling." Some couples combine their separate assets intentionally; others do so simply by being careless. A premarital bank account belonging to one spouse can become marital property if the other spouse makes deposits to it; a house owned by one spouse alone can become marital property if both spouses pay the mortgage and other expenses.

If the spouses aren’t able to decide what belongs to whom, the judge will have to decide whether any or all of the commingled property was a gift to the marriage or whether the original owner should be reimbursed in whole or in part. These situations can be very complicated and may require the assistance of an attorney or a forensic accountant.

Separate property is not ordinarily subject to division in divorce, but a judge in Arkansas does have the option of including it if it seems unfair not to after applying the factors listed above. A judge who divides marital property in any way other than equally, or who includes separate property in the division, must explain the reasons for doing so in the court record.

Georgia is just like CA.

So CA is NOT like all states. FWIW, I have lived in all 5 of the states we listed, except Texas, and own property in 3 of them.

Edited September 2, 2013 by DavenRoxy

[Darnell 8,478]

so the current status is RFE?

When you call into USCIS - what does a CSR tell you ?

Usually - there's a timeframe in which to submit 'the answer' back on an RFE - but it smells like you've gone way past the submittal time frame.

Let us know the results of the phone call..