Victim of Visa Intent, Denial of i 130 and i485. Please Help! (merged)

[visavictim333 1]

Hello there fellow visa journey members,

Thank you for your continuous support for those of us involved in this process.

I know hiring a lawyer is the best thing to do when we are confused on what to do about these concerns, but I cannot financially get one at the moment therefore I would really appreciate some feedback and support on my current situation.

Background Info:

First of all I am a U.S. citizen and I met my soon to be ex-wife while she was in school as an F-1 status. When I met her, she was amazing, flirtatious, had a great glow and determination to succeed in life. Shortly after that, I experience what many here experience for a short period of time; happiness and love. Eventually one thing lead to another, and we got married.

A few months later she asked me to file i130 and i485 with her. At first I agreed to do it since she is my spouse, intended to live and have children with me, have joint bank accounts and added her to my insurance policy. Therefore, I believe that I was in a bona fide marriage with my spouse at that time.

However like many similar stories, as a few months pass by after submitting the forms, my immigrant spouse started changing her behaviors and wanted to move 400 miles away to be with her close relatives because she wants to be close to them too. However, I did not agree to move since my life was where I am at, not hundreds of miles away. After many arguments and conflicts, she wanted me to comprise with her where she would go back and forth between her close relatives and me.

I felt really unsure and confused about this long-distance situation, but how can one deny their wife from being with their family relatives; so agreed to try it out. Shortly after she reunited with her relatives, she goes on and decide to go to school close to her relatives instead and then travel to see me (Fri-Sun). I felt like she was living a double life.

Situation:

During this situation, while my i130 was still pending. I found out that she signed up for EAD, SS, DL, and had it all sent to her relative address so that I wouldn’t know about it. Since she did things without telling me and also use my information to sign up for things, I felt like she was being dishonest and using me; therefore I wanted to withdraw my petition. . She became furious with my request, but eventually said that she would request to withdraw it for me. A few months later, I received the i485 AOS interview letter and it turns out that she never withdrew my petition and I know by now that I should have just taken the initiative myself.

Denial Notice for i130:

I decided not to attend the interview and got the denial letter due to not showing up to the interview and based on abandoning my application. (Sec 8 CFR 103.2(b)(13)(ii) The letter states that in visa proceedings it is the petition burden to demonstrate that their marriage is “bona fide” and not for the purpose of evading immigration law.”

Usually after a denial and abandon of i130, what happens to the petitioner? Do USCIS just abandon it?

I do not want to get into any legal troubles and I know if I ever have to go to court to provide my marriage, I can through my documentations of joint accounts, intentions to live and have children together, but shortly after she was the one who decided to pick up and leave to live with her close relatives hundreds of miles away, causing a separation between our marriage and thus my decisions to not go further with the i130 because I married her for love, and not for the purpose of evading immigration law. However, on her end it can be a different story.

Denial Notice for i485:

“The evidence of record shows that, when you filed your application, you were present in the U.S. contrary to law because your lawful nonimmigrant status had already expired. You are not authorized to remain in the U.S and should depart as soon as possible. Failure to depart will result in removal proceedings.”

Once I got the denial letter this is when I found out that prior to marrying her, her F-1 status has already expired (being hiding this from me all along, she said that she renewed or extended it”), and therefore brings the assumption that this whole time she has may be committing fraud by marrying me to evade and gain benefits from immigration, which is contradictory to her non-immigrant visa.

I didn’t know that she was an illegal because she was still able to go to school and eventually work. Disgusted of being a victim, I choose to not be involved with her anymore and am preparing for annulment/divorce. I am not appealing my i130 deny letter and have told my wife that she has to go back to her country but she is refusing. She’s living with her relatives hundreds of miles away who has been aiding and harboring her. They have refused to see me and seized all contact with me.

Questions:

What is my responsibility as a US citizen?

Do I write a letter to DHS and USCIS stating that she is refusing to leave according to the letter and have taken my responsibility to ask her to leave.

Do I see an attorney and make a notarize statement?

Since my wife is refusing to leave the U.S., I am concern that she may using dirty tricks such as filing for VAWA saying that I abuse her. I know for a fact that I never abuse my wife in any way. There are no police reports and we are separated at the moment.

Is that something I should be concern about after denial of i130 and i145?

How would I be able to protect myself if she were to lie or make up stories about it?

Since my I 130 is denied, does that also revoke the i864 support form?

Usually after a denial and abandon of i130, what can potentially happen to the petitioner? Do USCIS just abandon it?

Should I be doing an annulment or divorce in this case?

I know that I will eventually need to consult with a lawyer for this.

Suggestions and feedback would be great and thank you for the read. Appreciate it.

[aleful 1,905]

hi

she cannot withdraw the petition, you are the one that should have done it since you are the petitioner.

she did wrong in lying to you but overstay is forgiven when married to a USC

of course she was using you to get a GC, you don't have any responsibility for immigration purposes since the petition was denied

you should divorce her and move on. consult an attorney and never be alone with her if she comes back. change locks, take her out of your policies once divorced

[Newbie608 103]

As a student, I'm sure she was able to get an EAD,SS and DL on her own. Also I don't think it would be possible to be in school if she was illegal so I'm assuming her student visa was still valid.

I'm sorry that this happened to you but don't be surprised if she files for VAWA.

I personally know of someone who was in the exact situation where the husband didn't show up for the interview and her application was denied. After spending thousands of dollars and hiring an experienced immigration lawyer, she now has a 10yrs greencard.

Why would you marry her, sign and file the application then withdraw everything because she moved away for school and to be close to family?

Edited August 17, 2014 by Newbie608

[Marco&Bettina 502]

Sorry this happened to you OP.

[bullandre 8]

As a student, I'm sure she was able to get an EAD,SS and DL on her own. Also I don't think it would be possible to be in school if she was illegal so I'm assuming her student visa was still valid.

I'm sorry that this happened to you but don't be surprised if she files for VAWA.

I personally know of someone who was in the exact situation where the husband didn't show up for the interview and her application was denied. After spending thousands of dollars and hiring an experienced immigration lawyer, she now has a 10yrs greencard.

Why would you marry her, sign and file the application then withdraw everything because she moved away for school and to be close to family?

It's very possible to be in school as an illegal immigrant. As a matter of fact, a lot of states have begun offering in-state tuition to illegal residents.

[melanieuk 19]

What exactly is a victim of visa intent?

Your wife wasn't even living in the US. I hope you realize that she won't be able to visit you anymore. And from what you're saying, she even invited you to come along with her. Understandably, you declined and her life was taking place 400 miles away. Thus not even taking any advantage of any benefits that resulted from the petitions you filled.

From a sociological stand point, I think it's fascinating that on a break up, instead of both individuals trying to stay friends and having a positive relationship, the opposite happens. It's as if both want to hurt each other as much as they can. And when the immigration system is as old as here in America, Immigration status is used as well.

[tuckin14 58]

I was in a 5-year long-distance relationship (about 2 years before marriage and 2 1/2 years after). It's very tough. I wouldn't wish it on anyone.

It's not like the wife was forced into the situation by, say, a seriously ill relative. She hid a lot from the husband, there was clearly a lack of trust.

His decision to terminate a marriage with someone who won't live with him is reasonable. And if he's going to terminate the marriage, for reasons that are her "fault," why is he morally responsible to continue to support her immigration?

This is in contrast to another recent thread where the USC husband seems to have been the one who had buyer's remorse about the marriage. There the wife (and her child) were likely to be harmed by his (at least somewhat capricious) change of heart.

[melanieuk 19]

I was in a 5-year long-distance relationship (about 2 years before marriage and 2 1/2 years after). It's very tough. I wouldn't wish it on anyone.

It's not like the wife was forced into the situation by, say, a seriously ill relative. She hid a lot from the husband, there was clearly a lack of trust.

His decision to terminate a marriage with someone who won't live with him is reasonable. And if he's going to terminate the marriage, for reasons that are her "fault," why is he morally responsible to continue to support her immigration?

This is in contrast to another recent thread where the USC husband seems to have been the one who had buyer's remorse about the marriage. There the wife (and her child) were likely to be harmed by his (at least somewhat capricious) change of heart.

You don't know her side of the story.

[melanieuk 19]

As far as the questions are concern, there is nothing you can do at this point. Your affidavit of support was revoked with the denial of the petitions.

Just avoid any unnecessary contact with your wife/former wife.

[visavictim333 1]

Thank you for your responses and appreciate it.

To update on melanie:

I met my wife while she was in the U.S. as a student in another state. When we got married, she moved to my state to live and go to school near me, but after attending that school semester, a few months after I turn in the petition, she goes to another part of the state to be with her relatives and decides to go to school there instead, further distancing herself away from our marriage. It was fine aft first, but when she started to be dishonest and deceiving about many things including her expired status which I found out in the denial letter, Makes you think twice about your wife whom you are suppose to trust. it makes things very complicated and as I married her for love, but i'm not sure anymore about her intentions and want no part of it.

[CowBoE 429]

If I am unexpectedly forced into 400 mile separate part-time weekend marriage,

that will put some crack in our marriage.

Hypothetically speaking, if you actually didn't mind moving there (which you are not at this point),

would the marriage have been just fine otherwise?

I know its big impact in your life (as it would be for mine),

but is this the only thing that is BIG that's breaking the marriage apart?

As for expired F1...had marriage continue to be rosy,

I think you would have thanked her for overstaying to give you an opportunity to meet her.

And though I would be little bit upset to if my wife was processing EAD, SSN, and DL

without having the minimal courtesy to inform me, but I think I can accept them without

effecting the marriage because ultimately I would want these things to help her

establish life in US.

But I understand that when marriage is falling apart, F1 overstay and

EAD, SSN, and DL filing all end up looking as inappropriate deceiving acts

between a married couple.

I don't have the expertise you advise you on the USCIS side of the things...

but you deserve a happier life...so hopefully things work out in a way

that you can find happiness.

[mcuzin1985 13]

File for divorce immediately and have her served.

As far as the denial, you have nothing to worry about. You have no legal obligation as the whole packet got denied and I dont see a way for her to make an appeal as it has to come from the petitioner (YOU).

I would get that statement notarized ASAP about what went down, as she could pull a stunt and say you beat her or whatever the case may be so she could end up staying in the US.

Good luck.

[tuckin14 58]

What exactly is a victim of visa intent?

Your wife wasn't even living in the US. I hope you realize that she won't be able to visit you anymore. And from what you're saying, she even invited you to come along with her. Understandably, you declined and her life was taking place 400 miles away. Thus not even taking any advantage of any benefits that resulted from the petitions you filled.

From a sociological stand point, I think it's fascinating that on a break up, instead of both individuals trying to stay friends and having a positive relationship, the opposite happens. It's as if both want to hurt each other as much as they can. And when the immigration system is as old as here in America, Immigration status is used as well.

It's a bit of a deviation from immigration to relationships, but I'll comment on this.

Often there is at least one person who feels things couldn't get any worse, so there is nothing, or very little, to lose by not remaining positive.

Additionally, revenge is a pretty basic human emotion.

Immigration cases by definition involve people who generally have fairly new relationships. Not many people filing for visas have known each other for 10 years. Many of the marriages involve some kind of triumph of hope and faith over reason. Many also involve - at least from the perspective of one person - having been used just for an immigration benefit.

I've been married three times. In my first divorce, my wife moved out while I was in the hospital and I never saw her again except in a lawyer's office. In the second, we continued to date on and off (when she didn't have another boyfriend). So both kinds of breakups are possible.

In my current breakup, it's my view that I was the victim of a long string of broken promises and inconsiderate behavior. (Note that I said "my view." My wife might differ.) I have difficulty thinking of all the time, money, and emotion invested, and saying "Sure, I got nothing of what I wanted or expected, but sure, go enjoy your new life, with the job I got you, the green card I sponsored you for, and the house I contributed substantially to, with someone you'd never have met if not for me.

I'm not asking for sympathy or endorsement of my situation or choices. I'm just pointing out that what might seem "logical" is not always so, when you consider that emotional pain is a cost too.

Let's say - in my case - that my wife had to leave the USA for several years because her parents in Europe needed care and if fell to her, and I simply felt that it was too many years apart to sustain a relationship. I wouldn't be angry that she made a difficult decision and a great personal sacrifice, and I would support her as a friend and probably also try to assist her getting and maintaining USA residency, even though we might divorce so I could move on with my life to someone I could physically be with.

But breakups usually happen because one person or the other feels they "deserve" more, and the one who isn't "giving" enough usually feels they gave more than enough. And that's going to cause hurt feelings.

As long as I'm digressing, I got an email last night. It's one of the sweetest emails you can get (if you've been through a bad breakup). It said "Dear Tuck, I just broke up with your ex. Wow, that woman is crazy." It's nice to hear validation of what you thought from someone who has no reason to side with you.

And now back to our regularly scheduled thread...

[blueniv 5]

Also keep in mind though that even an expired F-1 visa will continue to guarantee lawful presence in the US if you have valid student status. So if she was enrolled in school at the time her visa expired, she would still have been legal for as long as she remained a student. Technically, she could use an expired F-1 visa indefinitely, as long as she didn't leave the country and was enrolled in some school or college.

[Pitaya 2,577]

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