Finally am forced to admit being scammed

[Hypnos 6,576]

Such a thing is not possible, as I said the last time you mentioned it. Per 8 CFR 213a.2(f)(1):

" In an immigrant visa case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed affidavit of support and any required attachments to a Department of State officer, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member if he or she does so in writing and submits the document to the Department of State officer before the actual issuance of an immigrant visa to the intending immigrant. Once the intending immigrant has obtained an immigrant visa, a sponsor, substitute sponsor, joint sponsor, or household member cannot disavow his or her agreement to act as a sponsor, joint sponsor, or household member unless the person or entity who filed the visa petition withdraws the visa petition in writing".

So in an immigrant visa case, the I-864 can only be withdrawn after visa issuance if the petitioner also withdraws the underlying petition. Since the visa has already been issued (and used), it's no longer possible for the visa petition to be withdrawn, meaning that the I-864 also cannot be withdrawn. This is a dead end.

Edited July 18, 2014 by Hypnos

[henry10700 2]

If the paperwork she signs says fraud then a VAWA petition will be denied. She will have to show them the paperwork. Also I would also send USCIS a copy of the paperwork.

[palu 23]

The annulment has been filed at the court house.Guess what? She does not want to leave the US. According to my understanding of the AOS, I am not responsible for anything other than shelter,food and medical. Gone is transportation,cell phone, cigarettes and any other "luxury". I also sweetened the deal by informing her that I would pay her airfare to the Philippinesfor up to 2 weeks after the judges signature on the annulment. After that she is on her own.One question, if anyone is still reading. Should she find another US sucker to marry her in the US, how would this affect her immigration and the AOS I am under?

[Hypnos 6,576]

You're not responsible for her anything under the AoS; it's a contract between you and the government, not you and her.

[Boiler 45,541]

You're not responsible for her anything under the AoS; it's a contract between you and the government, not you and her.

As above. Was there any financial settlement as part of the annulment?

If she marries someone else it would have no impact on the I 864, you can see the circumstances the I 864 terminates, divorce re marriage is not one of them.

[belinda63 3,038]

You aren't responsible for her in any way. Don't let her try to trick you into paying for her apartment, food, or anything else. The I-864 only applies if she receives means-tested benefits and if the government decides to sue you for reimbursement. As far as the law is concerned you can boot her out the door and onto the street as soon as the paper is signed and have nothing to do with her ever again. And this is what I would do if I were you, boot her out and move on 'cause it sounds like she is going to milk you for everything she can.

[palu 23]

As above. Was there any financial settlement as part of the annulment?

If she marries someone else it would have no impact on the I 864, you can see the circumstances the I 864 terminates, divorce re marriage is not one of them.

Only assets acquired during the short, ahem, marriage. These are to be split and $250 a month for 6 months once she vacates the rental house we still share.

You aren't responsible for her in any way. Don't let her try to trick you into paying for her apartment, food, or anything else. The I-864 only applies if she receives means-tested benefits and if the government decides to sue you for reimbursement. As far as the law is concerned you can boot her out the door and onto the street as soon as the paper is signed and have nothing to do with her ever again. And this is what I would do if I were you, boot her out and move on 'cause it sounds like she is going to milk you for everything she can.

belinda, I could not agree more with all of your points.

[palu 23]

Thanks for the answers concerning the AOS. Would anyone have an answer to my second question concerning her visa status upon it's anniversary should she remarry between now and then if she had entered the US fraudulently?

[Boiler 45,541]

She has no visa status, she is a Legal Permanent Resident.

Did she admit fraud, not sure I want to go back through so many pages, but I do not remember that being proven.

[palu 23]

She has no visa status, she is a Legal Permanent Resident.

Did she admit fraud, not sure I want to go back through so many pages, but I do not remember that being proven.

In the annulment she signed it states fraud on her behalf

[Hypnos 6,576]

Well she can likely kiss goodbye to her chances to successfully RC then.

[MUXAGIRL 69]

I am sorry for your situation. But fear not, her GC is not permanent. If she does not stay married to you for two years, the conditions on her GC won't be removed, then it will be cancelled.

But, and it's a BIG but, she can falsely claim you abused her and try to remove the condition on her own. If she is really cunning, it might be very difficult to get her out of the US. She does not have to stay married to you in case of "abuse" to make her green card permanent. Also, it's not upto you to hold her mail. It's illegal thing to do. Don't do any fake promise from your side, as advised to you here on this thread and without further ado, contact a good immigration lawyer and a divorce attorney without her knowledge, then go with what they advise you.

[MUXAGIRL 69]

Oh, sorry I replied without adding the subsequent posts. Please ignore my previous post here.

[SingleDad2usc 71]

Don't you agree, OP, is that either she is too simple (to allow such admission) or she has a plan (to present during RC that you had her so frightened, that you got her into signing something like this)

In the annulment she signed it states fraud on her behalf

[belinda63 3,038]

She is no longer his concern.