No response from USCIS about my withdrawing my Aff of Support?

[doug/sherry 26]

Nah, too late now for that. I tracked her, found her living with the illegal alien sister, my lawyer has already served divorce papers, she has already responded... to claim abuse now would be sort of ludicrous.

Not saying that it couldn't happen but it no longer seems a real option for her.

Trust me for weeks the thought of a fake VAWA claim worried me.

You will never know if she files for one or not, and if its the last alternative for her to stay

here in the states she will manufacture a story and get it..The worst part of the story is

that they seal the records and you will never find out whats in them.

[yailukmuu 26]

In 2006 I married a filipino on June 26, On august 5th we were riding in a car and we pulled up to an

intersection and she started screaming help help help.... started hitting me in the face. Took the car

keys and threw them in the street. I got out retrievied the keys, and moved the vehicle to a parking

lot of a nearby Mcdonalds. She threw her wedding ring at me and said she wanted a divorce. I was

in shock because I had no idea what was going on or what took place. She grabbed the keys and

headed to the Mcdonalds and hid out in the bathoom. I had no choice but to call the Police. When

the Police came I told them my side of the story. They went inside and talked to her for 45 mins and

the policeman came out and said she wants a divorce. hahah.. Two days earlier I had sent in the AOS

paperwork. I called the bank and found that the checks werent cashed yet so I put a stop on the

checks. Thats the only thing that saved my ####.... I waited for a month and had no contact with her

except an attorney that called me and said that the attorney wanted to stop by my house and get

her things. I then filed for a divorce, she got nothing but I did have to pay for some medical bills and

some alimony because she was on public assistance. I had no idea where she was and couldnt

serve her the divorce papers. after about 8 months I had received a phone call from one of her

friends telling me where she was, I then had the process server serve her the divorce papers. The

next day I was served with a protection order by her claiming that I threatened her. The judge

denied the order calling it baloney.. The only thing I can inform you about is file the divorce NOW!

Don't wait... the longer you wait the long the court will define it as a bonified marriage. Good Luck..

Quite the story, but not unique.

You were lucky! Had she hit herself a few times in the face--your story might be truly horrific.

Divorce filed long ago, and so everyone here knows, because this is good information:

Since I knew where she was, but could not prove it and

Service by Sheriff in Arizona would probably fail because even illiterate illegals are told "never open the door."

So what to do? Pretty neat: Service performed by notification and delivery of papers by ORDINARY mail (certified only to show delivery) that way they could not be refused. But this was not adequate since I could not prove that she was in fact there so.......

Delivery accomplished by petitioning the NH Court for permission to serve divorce papers by email to two accounts and get this: Facebook!

You heard that right and if anyone needs it write to me and I'll send copies. Such copies would be useful in Courts in other States because often Judges will allow what has been done elsewhere.

By the way though I don't use Facebook a Filipina that was her friend, who was accusatory, ended up being very supportive and expressed major disapproval of my wife's actions. She told me that apparently immediately after Divorce notice was served, the FB account closed.

[joegen 0]

oh

Edited February 18, 2014 by joegen

[Caryh 5,206]

CNTrav, have you ever thought about pursuing a law degree?

You'd make an excellent advocate.

Or... maybe you're my Juliet in disguise? After all you opened your account here the day before we were married and you do seem hell bent upon figuring out just how my attempts will fail.... hmm...

Note: I know CNTrav isn't my Juliet, I'm just joking.

LOL unfortunately lawyers who win don't operate on opinions and asking others to prove their opinions wrong, they operate under laws, and court president. He could advocate, but he'd be one of the advocates the judges laugh about outside the courtroom.

[yailukmuu 26]

You will never know if she files for one or not, and if its the last alternative for her to stay

here in the states she will manufacture a story and get it..The worst part of the story is

that they seal the records and you will never find out whats in them.

Very true doug/sherry, VAWA is the most misused travesty of law ever created, in my opinion. I believe at its root the concept is excellent, but there are generally few good attempts to find evidence or the truth.

However, the true thing to fear is a restraining order. For instance here's a hypothetical case:

She, the US petitioner is upset that her new husband has abruptly left. So immediately she calls him and begs him to come back, she calls several times. So the alien husband files a VAWA and states: "She was extremely angry, she called me (racial slurs), she said she'd hunt me down and cut my xxxxx off, or if necessary hire someone to do it--I'm terribly frightened Mr Nice Counselor."

And so very soon she receives a restraining order.

But there is always a time element and I was careful to avoid all contact, and all communication.

Yeah, anything's possible, but that scenario's effectiveness has pretty much passed.

[doug/sherry 26]

Quite the story, but not unique.

You were lucky! Had she hit herself a few times in the face--your story might be truly horrific.

Divorce filed long ago, and so everyone here knows, because this is good information:

Since I knew where she was, but could not prove it and

Service by Sheriff in Arizona would probably fail because even illiterate illegals are told "never open the door."

So what to do? Pretty neat: Service performed by notification and delivery of papers by ORDINARY mail (certified only to show delivery) that way they could not be refused. But this was not adequate since I could not prove that she was in fact there so.......

Delivery accomplished by petitioning the NH Court for permission to serve divorce papers by email to two accounts and get this: Facebook!

You heard that right and if anyone needs it write to me and I'll send copies. Such copies would be useful in Courts in other States because often Judges will allow what has been done elsewhere.

By the way though I don't use Facebook a Filipina that was her friend, who was accusatory, ended up being very supportive and expressed major disapproval of my wife's actions. She told me that apparently immediately after Divorce notice was served, the FB account closed.

Thats how I found out my wife was messing around with a filipinas husband, and she called me and

even testified for me in court. My wife was in hiding because she was applying to USCIS for a green

card. It was denied three times and was going to be deported. She then used the VAWA and was

permitted to stay. I believe they get immediate citizenship, not to sure though. My case set presidence

based on the I-134, because she was trying to get me to support her on the I-134 rather than the

I-864. I canx the checks for the I-485 so the application was kicked out.

[mike79 0]

Once the USCIS processed the affidavit of support you wont be able withdraw it, what you should is to notify them to let em know that you been defrauded so the AOS doesn't get approved.

[Merrytooth 5,748]

Once the USCIS processed the affidavit of support you wont be able withdraw it, what you should is to notify them to let em know that you been defrauded so the AOS doesn't get approved.

Another wrong info

[aaron2020 11,651]

Let's be clear that we're not discussing whether a petitioner can withdraw an I-864, that is NOT the point. The point is whether a K1 petitioner who is married can withdraw it while he's still married. Also, the quote you provided has nothing to do with K1.

CNTrav,

You are full of misinformation.

[verysadguy 170]

alternatively, it might have been a bona fide marriage, but not a good faith marriage...

[yailukmuu 26]

Also, I would sue her for damages.....I would make her life misserable if it was me..

Shame on you doug/sherr, sue a poor immigrant, and payment...one peso, two peso, three peso...

Ok, joking aside, believe it or not, that's good advice.

Now suing her for criminal damages is impossible--end of story. Suing her for Civil damages is possible but she's in AZ, for me to do that I'd have to go to Arizona.

But here's an interesting twist... At the end of the year I was married. I will send her a copy of "our" 1040 filed married/jointly. If she refuses I have no option other than to file married as single. This will increase my tax by about $1000.

There is a precedent that when a spouse refuses to file as married/jointly for no reason then reasonable damages resulting from such refusal are usually allowed. Appropriate reasons might be that the spouse knows of gambling income that is not reported.

My state allows me to file in small claims court and serve out of state by mail. Should she refuse to agree to sign the married/joint return (and there would be no reason to not since on the married/joint there is zero owed) I will file a civil suit. It costs $70, judgement will be granted automatically if she does not appear or hire a lawyer. Now most will say: "big deal...she's in Cebu, how 'ya going to collect."

Well, let's consider that in a few years she finds another sucker, or does manage to stay in the US. Well, a NH Small Claims award is good for 20 years, renewable for another 20 years.

Interesting eh?

[yailukmuu 26]

Thats how I found out my wife was messing around with a filipinas husband, and she called me and

even testified for me in court. My wife was in hiding because she was applying to USCIS for a green

card. It was denied three times and was going to be deported. She then used the VAWA and was

permitted to stay. I believe they get immediate citizenship, not to sure though. My case set presidence

based on the I-134, because she was trying to get me to support her on the I-134 rather than the

I-864. I canx the checks for the I-485 so the application was kicked out.

So she did a VAWA claim almost a year later? Yikes.

[yailukmuu 26]

Once the USCIS processed the affidavit of support you wont be able withdraw it, what you should is to notify them to let em know that you been defrauded so the AOS doesn't get approved.

Mike, it's wise to go way back.

Affidavit of support withdrawn about Jan 18th in writing to USCIS.

Affidavit of support again withdrawn about Jan 28th, in hand, to USCIS official at local Infopass meeting.

USCIS could give a s*** about any claim of fraud by anyone, their response would, at best be: *yawn.*

[doug/sherry 26]

You have to remember that the initial stage of the AOS is processing, there has to be biometrics,

interview etc.... so removing the I-864 is possible. My recommendations is be certain that the

I-864 has been withdrawn before you go to court. Because, if you go to court they could decide

if its still valid or not and if you have anything in writing that its been withdrawn you have

that much of the battle won. The judge in my case didn't have any clue on what an I-134 was

and proving to him that its a non enforceable document was very hard to do. On the I-134

I had written that all contributions were subject to marriage. Thats the only part that saved me

in the divorce. Because she was expecting me to support her.

[Zedayn 485]

Let's be clear that we're not discussing whether a petitioner can withdraw an I-864, that is NOT the point. The point is whether a K1 petitioner who is married can withdraw it while he's still married. Also, the quote you provided has nothing to do with K1.

CNTrav, you want evidence of a case where a K-1 petitioner who married, can successfully withdraw an I-864 while still married. Is that correct?

Well, as ashamed as I am to admit it, I am that case.

I mailed a letter to the NBC where my ex's AOS application was being processed, asking to withdraw my I-864 and approved I-129f petition. I explained the reason for the withdrawal, that I would be filing a divorce soon. I called the USCIS 800 number after 3 weeks passed, to find out if they could tell me if my I-864 was withdrawn. They didn't know anything. I filed for divorce in September. At the end of September, I mailed them another letter, requesting withdrawal of the I-864 and I-129f. A week later, I received a letter in the mail from the field office in Omaha, Nebraska. It basically said:

"On [date they received my letter], we received a request asking to withdraw Form I-864.....and Form I-129f....

We have accepted your withdrawal....there is no option to appeal. This does not preclude you from filing a new petition should you choose to do so."

I have received confirmation from USCIS that my I-864 was withdrawn, in October. I am still not divorced yet, my divorce will not be final until April 1.

There is your case, CNTrav.