Withdrawing i129f petition but married and no AOS

[Norba_racer 0]

I am the petitioner.

Married on day 30 of a K1 visa and separated 5 days after. No AOS was submitted. Spouse has left with another partner and didn't leave the country. Can I withdraw the I129f petition and I134 support? Spouse is getting a copy of the marriage license in hopes of filing for AOS.

I have sent notarized withdrawal letters to USCIS and submitted to the local immigration office. How long will the withdrawal take if approved? Am I missing anything else?

[Norba_racer 0]

OOPs correction ........married on day 90

[TheCaptain 67]

If you have not submitted AOS the spouse cannot adjust any other way nor with anyone else.

They will be in the country without status and will eventually be deported once caught. They will not be eligible for a SSN or a EAD.

The only other thing you can do is arrange an infopass appointment and discuss what has happend and provide another copy of your withdrawal letters to the CO.

[belinda63 3,041]

The I-129F cannot be withdrawn because the visa has been issued (and used). The I-134 support is not binding and only applies for the 90 days of the authorized stay.

Now for the good news.

She can file for AOS but without you providing an I-864 it will not be accepted. She can only adjust status through the marriage to you, not from a marriage to anyone else (one exception coming in a minute). You should file with the local office and USCIS, as you have done, a notarized statement that she left you right after the marriage and you will not be filing the I-864 for her AOS. The reason I say this is she may try to forge the paperwork to make it look as though you did.

Now for the warnings and exception. Once she realizes she needs you to get her green card she may come back acting all lovey-dovey. Remember this is only an act to obtain the green card. She can file for Violence Against Women Act (VAWA) to adjust status but she will need proof you abused her (physically, mentally, or emotionally). With this in mind I suggest you first change the locks to the house, send the notarized letters, and file for divorce or annulment if available. Never, ever, never in any circumstances speak with her or be anywhere near her as it is easy to make up abuse for a VAWA filing.

[Norba_racer 0]

Ok kind of scary. So will USCIS send a letter of refusal if they deny my withdrawal or on the flip side approval letter of the withdrawal and the length of time this can take? My locks are changed.

[Pinkrlion 2,724]

File for divorce or annulment. Obtain a lawyer, if trying to get marriage license to file AOS, then will do anything.

[Norba_racer 0]

Oh she has a SSN. That is the only thing.

[belinda63 3,041]

Without you filing an I-864 for her AOS she can do nothing to obtain legal status unless she files for VAWA. Hence the huge warning to not be anywhere around her, near her, not speak to her, etc. Do as I previously advised and move on with your life. Her life is no longer any concern of yours. You are not obligated to her in any way nor to the US government for her being here out of status. Sorry you are having to go through this.

[Girl from Celebes 588]

I am the petitioner.

Married on day 30 of a K1 visa and separated 5 days after. No AOS was submitted. Spouse has left with another partner and didn't leave the country. Can I withdraw the I129f petition and I134 support? Spouse is getting a copy of the marriage license in hopes of filing for AOS.

I have sent notarized withdrawal letters to USCIS and submitted to the local immigration office. How long will the withdrawal take if approved? Am I missing anything else?

• Even your spouse has obtained a copy of marriage license which is won't acceptable since the beneficiary has to submit a copy (certified) marriage certificate, and can't filed I-485 without your affidavit of support
• Documented all evidences. Your spouse left 5 days after married with another partner, reported it as a scam.
• You can't withdraw I-129F and I-134. Those are from K-1 visa. Don't signed any papers like I-864 and give supporting documents
• Be aware of VAWA claims. Stay away from your spouse. She/he can comes back, pretending to be nice, and suddenly used you and claims VAWA and make easier to file I-485 without your help.

[Norba_racer 0]

Belinda63 stated that the I134 is only good for the first 90 days. So as far as the i129f......will it be void after a given time? I just want to be sure I will be in the clear.

[belinda63 3,041]

The I-129f was a petition for her to receive a fiancé visa, which she did and she used. Her K-1 is no longer valid since it has been used. Her I-94 which was marked in her passport when she entered the US should expire 90 days after her arrival (already expired according to your information). The K-1 visa is a one-use non-immigrant visa for the purpose of coming to the US to marry their USC fiancé and file for a green card; the K-1 visa does not permit someone to live or work in the US.

You have no obligations to her or to the government since you never filed the affidavit of support for her to adjust her status. She is currently out-of-status, i.e. has exceeded the time she is permitted to remain in the US as given on her I-94, and is subject to detention and deportation at any time. The ONLY way she can obtain a green card without leaving the US is either YOU file the affidavit of support for her AOS or she files a Violence Against Women Act petition. There is no other way for her to remain in the US legally. Hence, again, the warning to remain away from her and have no contact with her by phone, person, letter, etc.

You are free and clear of her except for the divorce part. You have no obligation to support her, to aid her, to help her in any way. You are not liable for her or anything she does.

[Girl from Celebes 588]

Belinda63 stated that the I134 is only good for the first 90 days. So as far as the i129f......will it be void after a given time? I just want to be sure I will be in the clear.

I-134 is only for K-1 visa. If you married your fiance(e )within 90 days there is nothing to do with I-134. The I-134 is only for the embassy as a proof that you can financially support him/her. But after your fiance(e) came to the US and marrying you then she/he needs an I-864 to proof that you are be able to continue supporting her/him financially and let her/him to file adjustment of status.

Edited November 4, 2014 by Girl from Celebes

[Pianist27 31]

Sign absolutely nothing. Find a lawyer, file for divorce and/or annulment immediately. Stop reading VisaJourney, go find a lawyer.

And what others have said is absolutely true - have no contact whatsoever with her. Do not answer phone calls, do not respond to emails, do not answer the door. If you see her on the street, cross to the other side. If you go to a restaurant and she is there, leave. Act as if there is a restraining order on you. Under no circumstances, no matter how urgent they may seem, should you spend any time alone with her.

You have no idea just how far some people will go to get a green card.

Also, find a criminal defense attorney and have their phone number handy. One step in a VAWA claim would be for her to get a police report, so if the police knock at your door and want to talk, say nothing to them. Call that lawyer and let the lawyer deal with it. Even if she calls with a completely false story, the police may investigate, and you never, ever, ever, want to talk to police without a lawyer.

All of this advice applies even after the divorce/annulment. Until she is out of the country, you have to be very careful.

[YouAndMeForever 1,022]

I am the petitioner.

Married on day 30 of a K1 visa and separated 5 days after. No AOS was submitted. Spouse has left with another partner and didn't leave the country. Can I withdraw the I129f petition and I134 support? Spouse is getting a copy of the marriage license in hopes of filing for AOS.

I have sent notarized withdrawal letters to USCIS and submitted to the local immigration office. How long will the withdrawal take if approved? Am I missing anything else?

I am sorry you have to go through this. Edited November 4, 2014 by YouAndMeForever

[Darnell 8,479]

Without you filing an I-864 for her AOS she can do nothing to obtain legal status unless she files for VAWA. Hence the huge warning to not be anywhere around her, near her, not speak to her, etc. Do as I previously advised and move on with your life. Her life is no longer any concern of yours. You are not obligated to her in any way nor to the US government for her being here out of status. Sorry you are having to go through this.

This is the thing, really. Belinda nailed it, as always -

just remember, for a K-1 visa holder (her), she cannot adjust status without you. For now, file a divorce petition or annulment, and don't talk with her.

If you wanted to submit something to USCIS, reference her A#, show copy of filed divorce petition with the courthouse stamp, in a letter noting that you two are divorced and you will not be filing anything with her, for her.

The I-134 has a limitation of duration, only the duration on the I-94.

The I-864, otoh, nails you for some time. Since no AOS set was filed, there is no I-864 in effect, at all.