AOS sent last week, divorce filed this week

[billyboy601 0]

Thank you; and I understand.

I will do the right thing legally and of course look out for myself at this point.

Cheers

[sjoefl01 1]

Unfotunately some people will do almost anything to get to America. This is the reason that the USCIS tries to spot marriage fraud. They seem insensitive at the time but they hear this complaint all too often.

It could be a lot worse if she had waited for the green card. As best I can tell you probably have no liability once you file for divorce and withdraw the I 864. If she had waited longer you would be in much more of a quandary.

[Ta Ta 1]

I am so sorry for all you have been through....don't give up on love.....this all will bring you to a true love eventually.

Be with friends and be kind to yourself......the sun WILL shine again

[billyboy601 0]

I've just been rereading the I-864 that was submitted with the AOS petition.

I can't withdraw the AOS petition, since that was submitted by her (with my help of course, doh!).

However the I-864 was submitted by me; can I withdraw this? I've already mailed USCIS in Chicago a letter stating that an anulment petition of the marriage for fraud has been filed and I'm wondering if I should follow-up stating that I am formerly withdrawing my I-864 affidavit that is supporting the I-485.

Also, should I just be up front with my wife and offer up a one-way ticket home?

Thank you everyone for the advice; thank you for keeping me honest (you know who you are) and I know in time this too shall pass.

Cheers

Billy

[diadromous mermaid 36]

I've just been rereading the I-864 that was submitted with the AOS petition.

I can't withdraw the AOS petition, since that was submitted by her (with my help of course, doh!).

While, technically, the AOS I-485 is her application, but it is founded on a viable marriage to you, and an approved I-130 that was submitted by you and to which you are a co-party. Naturally, approved petitions typically can't be withdrawn (barring any extenuating circumstances, that is, but ones which appear to be clear in your case). You can alert USCIS that you wish that your endorsement on her petition for permanent residency as an Alien Relative be withdrawn, based uopn your belief that you were coerced into marriage for the wrong purposes.

However the I-864 was submitted by me; can I withdraw this? I've already mailed USCIS in Chicago a letter stating that an anulment petition of the marriage for fraud has been filed and I'm wondering if I should follow-up stating that I am formerly withdrawing my I-864 affidavit that is supporting the I-485.

Yes, you can withdraw the I-864 prior to the I-485 being adjudicated and you should.

Also, should I just be up front with my wife and offer up a one-way ticket home?

If you are intent upon making sure that your wife does not receive PR through this marriage, assisting her return to her home country would be advisable and probably morally correct.

[mRx 16]

billyboy601,

Im so sorry to hear about your situation. It sounds like an atrocious thing that this woman did to you. A part of me wants to tell you to lie to her, decieve her and blackmail her into leaving the country by any means necessary. Of course this is the immature and irrational part of me speaking. My best wishes to you during these difficult times.

[Boiler 45,486]

A ticket home will be much much cheaper than the Lawyer fees you are accumulating.

Much the best way to go, if you have the opportunity.

[Pam&Mbaye 0]

Billyboy,

I am so sorry to hear about your misfortune. Unfortunately this is one of those things where life happens and that is putting it kindly. I have a very close friend who went through something similar to you. Unfortunately, if my memory serves me correctly once her I-864 was processed she was obligated for the 10 yrs of support that is spoken of in the I-864. She inventually married another foreign national and had to list her first spouse in the number of people that she has to support. However, since it seems like your I-864 has not been processed perhaps you can withdraw it and if so, I would fax that information over to the NVC right away. Also, my friend tried to say that her husband had comitted fraud but was told that if she went ahead and filed for divorce on the basis of fraud that it would be very difficult to prove, but then again she was married to her husband long enough for him to get a green card so in your case it may be different. You may have to bite the bullet on this one sad to say, because I think no matter how things may appear in that the marriage was a sham, I think proving it is what will be difficult. As for supporting her while you are going through a divorce, I think a good question to ask your lawyer is if California is a community property state (and I believe it to be so) and if it is, does this mean that she gets half of what you have despite only being married a short amount of time?

All the best to you while you go through this but please know that this more then likely will be a long process and not one that will go away quickly sorry to say.

['my_destiny' 0]

Hi! I just read this post.

Im sorry to hear about the outcome of your relationship. But it is good thing that you found out about her not loving you, rather than live in a total lie because if that will be the case, your life will be miserable in a long run being with her. There are lots of good girls in this world and you are lucky to still find the right one and not ended in a wrong one.

It is just really hard to think that why some girls do it just a ticket for the US or have hidden desire and hurt the person who love them very much.

Good luck to you, wish you will have a wonderful and great woman who will love you and spend the rest of her life with you.