Want a Divorce

[AugstAngelFelix 5]

Ok first of all we are at the point where we are just waiting on the green card descicion. We have been married 7 months my husband is from Germany. 3 months ago he started going to a baptist church and has been changing for the worst. It ruined our marriage. He has left me and never talks to me. We live in Texas. What do I need to do? Do I contact Uscis first about planning to get a divorce? Or do I get the divorce done first? Thank you ???

[Merrytooth 5,748]

First of all, since the AOS is still pending, you might want to withdraw the I-864 asap.

Write a letter "I no longer wish to provide an affidavit of support I-864 for this immigrant and his green card hasn't yet been issued"

Sending out the letter to:

1. address in I-485 receipt notice

2. local USCIS office address and

3. handing over in person via infopass.

Then file for Divorce.

[JIJourney 96]

You guys can work it out. Just sit down with him and have a talk.

[NigeriaorBust 4,087]

If you know it is a mistake , put the brakes on now. Beware fake VAWA filling so never be alone together again. Withdrawal the I864 immediately like tomorrow

[Penguin_ie 5,996]

**** moving from General Immigration to Effects of Major Changes *******

[MacUK 983]

You guys can work it out. Just sit down with him and have a talk.

Unless you know both of the people involved then how can you give that advice?

[AugstAngelFelix 5]

I called Uscis and there is no way to withdraw the affidavit unless he does leaves the country or works 10 years so we can file a divorce and we see what they say about the green card :/

[Darnell 8,479]

that human you spoke to was wrong.

withdrawing the I-864 puts a stop to the adjustment of status.

Must do nowish.

[Merrytooth 5,748]

The person you talked to probably did not realize that the case had not been adjudicated. This is the text of CFR 213 related to the affidavit of support along with the link

http://www.uscis.gov...-0-0-17008.html

( f ) Withdrawal of Form I-864 or Form I-864A. (1) In an immigrant visa case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed Form I-864 or Form I-864A 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, as specified in 8 CFR 205.1(a)(3)(i)(A)or 8 CFR 205.1(a)(3)(iii)©, and also notifies the Department of State officer who issued the visa of the withdrawal of the petition.

(2) In an adjustment of status case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed Form I-864 or Form I-864A to an immigration officer or immigration judge, 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 only if he or she does so in writing and submits the document to the immigration officer or immigration judge before the decision on the adjustment application.

[CowBoE 429]

Assuming you two can't reconcile the relationship and divorce is the only option left,

then I agree with many here that you need to withdraw your I-864 immediately in writing

before the green card is issued.

[subwayguy 100]

He left you for baptist church ? That doesn't sound right.

[TBoneTX 45,873]

Ten posts have been removed for being off the topic, moralizing, or talking to someone other than the OP. The OP asked for very specific advice in her opening post, and it seems to have been answered. If anyone has any immigration-related device left to offer, that's fine; anyone who goes off-topic will have the post removed and will risk being banned from the thread. Thanks for your awareness and compliance.

VJ Moderation

[Ryan H 3,821]

I called Uscis and there is no way to withdraw the affidavit unless he does leaves the country or works 10 years so we can file a divorce and we see what they say about the green card :/

The USCIS phone line is referred to as the misinformation line on VJ for a reason, they constantly give out incorrect information. As all of the posters I have quoted said, pull the I-864 as quickly as you can. Divorce proceedings in the relevant local court have no bearing on one's immigration status.

that human you spoke to was wrong.

withdrawing the I-864 puts a stop to the adjustment of status.

Must do nowish.

The person you talked to probably did not realize that the case had not been adjudicated. This is the text of CFR 213 related to the affidavit of support along with the link

http://www.uscis.gov...-0-0-17008.html

( f ) Withdrawal of Form I-864 or Form I-864A. (1) In an immigrant visa case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed Form I-864 or Form I-864A 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, as specified in 8 CFR 205.1(a)(3)(i)(A)or 8 CFR 205.1(a)(3)(iii)©, and also notifies the Department of State officer who issued the visa of the withdrawal of the petition.

(2) In an adjustment of status case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed Form I-864 or Form I-864A to an immigration officer or immigration judge, 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 only if he or she does so in writing and submits the document to the immigration officer or immigration judge before the decision on the adjustment application.

Assuming you two can't reconcile the relationship and divorce is the only option left,

then I agree with many here that you need to withdraw your I-864 immediately in writing

before the green card is issued.

[AugstAngelFelix 5]

Thank you everyone! Our case is still sitting in lees summit Missouri so I would just send my letters there right? One letter for me and one each for my parents since they did their own affidavits of supports? Thank you

[Mrs.RockStar 3]

He left you for baptist church ? That doesn't sound right.

If my husband started going to a Baptist church I'll divorce him too.