wife cheated on me at last moment

[Merrytooth 5,748]

In an immigrant visa case, once a consular officer has issued an immigrant visa, no Form I-864, I-864EZ or I-864A may be withdrawn unless the visa petitioner also withdraws the visa petition.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/affsuppafm062706.pdf

Does that mean the USC petitioner is still able to withdraw the I-130 & I-864 after visa issuance?

[Boiler 45,411]

Once the intending immigrant has obtained an immigrant visa, a sponsor, substitute sponsor, joint sponsor, or household member cannot withdraw 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, and also notifies the consular officer who issued the visa of the withdrawal of the petition.

We do not know if the visa petition has been withdrawn.

Edited May 10, 2015 by Boiler

[Villanelle 4,122]

Well I dont know on what basis Will is posting. I try not to post things unless I know or have some kind of reference source. Will has said he hadnt read anything in the thread, so again (shrug) Maybe he will come back and read and clarify his strong opinions?

I could be misunderstanding what I am reading but I am taking it from here- the USCIS policy manual:

(6) Withdrawal. An applicant or petitioner may withdraw an benefit request at any time until a decision is issued by USCIS or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status, based on the petition. However, a withdrawal may not be retracted.

8 C.F.R. § 103.2(b)(6).

That section is referenced in many many memos-

"An immigrant visa petitioner may withdraw a pending petition at any time before the

admission or adjustment of the principal beneficiary. 8 C.F.R. § 103.2(b)(6). "

As well as a few q&a attny type results. Granted there are more results that come up talking about the easier procedure of withdrawing when its at the 130 stage or the embassy stage. Most attny pages say please contact us for help. Like I said before, its not easy to withdraw- possible yes, easy no.

Now of course I can be misunderstanding the policy above but I cant see how when the wording is very clear. An issued visa is simply an issued visa.

Since Will was so bold in in statement I looked for some more info and found this--

NOLO has some information on the topic with some awkward wording:

After Approval of the Visa Petition

Even after USCIS has approved the visa petition for your relative, you can still withdraw it until and unless:

• USCIS has already made a “final decision” on your relative's adjustment of status application (Form I-485), or

• your relative has received an immigrant visa and has begun his or her journey to the United States.

Just send the same sort of letter described above to the USCIS office that approved your I-130 petition.

So you can withdraw the visa (cancel it) until (up to) and unless- a final decision was made on 485 OR they got a immigrant visa (his case) AND has begun the journey to the US.

Now I didnt see anything in the policy manual about that, but to be honest I dont really feel like spending my night researching this. Im not sure what the criteria for "and begun the journey to the US" contains.

It seems illogical for the " begins the journey" to mean from the date of visa issue to the moment of arrival because then why say theres a period of withdrawal at all. That covers it all right?

I dont know. Other opinions are welcome. And anyone that has time is welcome to email NVC or any attny and simply ask (??) But like I said. I personally have run out of curiosity and am fine with being proven wrong if I interpreted the policy wrong.

[kkk1 42]

We do not know if the visa petition has been withdrawn.

Not yet withdrawn. I am in touch with my wife she says that she doesn't know what to do.

[subwayguy 100]

Not yet withdrawn. I am in touch with my wife she says that she doesn't know what to do.

withdrawn or not. it isn't the issue. i reckon you biggest concern is that you don't know how to deal with families and friends.

indeed, losing face in Chinese culture is a huge thing (assuming you are chinese singaporean) but would you rather be in a foreign country and having to fabricate stories to tell?

If I were you, I would stay in singapore, try to go back to my job, forget about saving face , tell families and friends your marriage didn't work out and be it.

if you do so believe your have more room for career advancement in the states, by all means , you could always speak with your wife and work something out.

best of luck!

[marriedguy 34]

you just go there with out telling her, what are you waiting for ?

you will regret this later.

Not yet withdrawn. I am in touch with my wife she says that she doesn't know what to do.

[Boiler 45,411]

Sounds like he is at the moment good to go, his wife if she did something could complicate matters.

If his priority is migrating to the US then he needs to get going before she does make up her mind.

[Merrytooth 5,748]

you just go there with out telling her, what are you waiting for ?

you will regret this later.

Regret what?

For abandoning the Golden Opportunity to get a Green Card?

[Villanelle 4,122]

Not yet withdrawn. I am in touch with my wife she says that she doesn't know what to do.

Well if this is true it make the above discussion interesting but non applicable.

You then fall into the category of morals and emotions. Legally your visa would be valid because again its valid until withdrawn. But morally the point of the visa is for "family unity". Its a spousal visa. Your wife obtained it for the intentions of bringing her husband to the US to live with her as for all intents and purposes her husband. To intentionally travel on it knowing that when you arrive you will not be going to her home nor living with her as her husband because the relationship is over- well some can say that is morally wrong.

Legally it is still allowed because no paperwork has been filed officially declaring it 'over'- so thats why it falls into the moral category. You should note that primarily all of the replies you have received so far stating to come for a better life etc have been from the immigrant/alien based participants of the forums. Usually in situations like this there are some hard words from some (typically hardline USCs) stating the high moral ground and how wrong they perceive it is to use the family visa in such a manner- although legal, morally wrong. The thread can get heated/ mods get involved and it gets closed. Lets hope that does not happen...

So once more it all goes back to the beginning. The decision will lie with you and only with you. I dont know if you are looking for people to sway you or just support to do what you want (?) I believe we know what we want to do somewhere deep down inside and just want reassurances from someone that its okay- that we are doing the right thing. That we keep asking until someone says what we want to hear/

Have you heard what you needed to yet?

---

One final thing. Im a little uncomfortable with some of the vague wording in wileros post about CBP. It somewhat implies lying to them about the relationship with the wife does it not? I mean I support not voluntarily disclosing things they dont ask for- thats never a good idea- but to say I have no idea what you are talking about when you do- thats a lie.

[kkk1 42]

My in laws are coming to receive me at airport. I will be there on 21st of this month. I am taking risk of lifetime.

[marriedguy 34]

Glad you lisetened to us, wish you best

stop talking to your wife till you land in US

And Believe me it is not a risk

My in laws are coming to receive me at airport. I will be there on 21st of this month. I am taking risk of lifetime.

Edited May 13, 2015 by marriedguy

[kkk1 42]

Glad you lisetened to us, wish you best

stop talking to your wife till you land in US

And Believe me it is not a risk

I didn't talk to her since Monday. Before I was catching my flight to Singapore ( i was abroad). She started calling me several times and then I took her call and asked what she wanted from me now. She said that she is sorry and can I accept her. I said I don't know and honestly speaking I cant and explained her what if we fight (I never got mad at her in past) you will think of him again and you might message him. Then she said yes and sorry to contact me. She start saying that I am only one who love her truely and no one else will do and she is feeling bad for me. I said no need to feel that way and she asked me a day to decide what she wants. She was very confused on monday and finanly she said no to me and i said okay. I did not told her about my plan to come. I have asked my in laws to help me to pick me up. They said they are coming to picking me up straight from Arizona. I hope at least I will get their help. They are very kind people and I am kinda trust them. Her parents hate for what she did and didn't contact her since then. I hope everything work good. Because of my parents and her parents and some friends and you guys. I am feeling bit of confident. But I can't ignore the fact that what happened to me is worst and shouldn't happen to even enemy. Good that I have visa to enter what if I never got visa and she still would be talking money for paying her . That is crazy. She ruin my life completely. Thanks a lot to everyone here who helped me. I will post after I arrive.

[kkk1 42]

Well if this is true it make the above discussion interesting but non applicable.

You then fall into the category of morals and emotions. Legally your visa would be valid because again its valid until withdrawn. But morally the point of the visa is for "family unity". Its a spousal visa. Your wife obtained it for the intentions of bringing her husband to the US to live with her as for all intents and purposes her husband. To intentionally travel on it knowing that when you arrive you will not be going to her home nor living with her as her husband because the relationship is over- well some can say that is morally wrong.

Legally it is still allowed because no paperwork has been filed officially declaring it 'over'- so thats why it falls into the moral category. You should note that primarily all of the replies you have received so far stating to come for a better life etc have been from the immigrant/alien based participants of the forums. Usually in situations like this there are some hard words from some (typically hardline USCs) stating the high moral ground and how wrong they perceive it is to use the family visa in such a manner- although legal, morally wrong. The thread can get heated/ mods get involved and it gets closed. Lets hope that does not happen...

So once more it all goes back to the beginning. The decision will lie with you and only with you. I dont know if you are looking for people to sway you or just support to do what you want (?) I believe we know what we want to do somewhere deep down inside and just want reassurances from someone that its okay- that we are doing the right thing. That we keep asking until someone says what we want to hear/

Have you heard what you needed to yet?

---

One final thing. Im a little uncomfortable with some of the vague wording in wileros post about CBP. It somewhat implies lying to them about the relationship with the wife does it not? I mean I support not voluntarily disclosing things they dont ask for- thats never a good idea- but to say I have no idea what you are talking about when you do- thats a lie.

I know it is morally wrong but what should I do. I wanted to live but what she did was completely wrong. I was paying her rent and other stuff since long time. Even when she didn't had her job, I supported her completely. I came to know couple of days ago that the house which I thought is not mine and I was paying for the so that somebody else can live with my wife. two weaks ago she booked vacation to florida and i think now these guys will go.

[sachin1 42]

KKK1

You are thinking too much. Just let go buddy.

She is bygone. move on with your life or else you will be miserable in whole of your life.

Learn to let go.....

God does everything for best we do not know in beginning because we can't see feature we just think about it.

[marriedguy 34]

you are not doing anything wrong, she did not file for a divorce. You never know your marriage might work as well. Some times relationships becomes stronger after problems.

This is one of the reasons, its better for husband and wife to be together and not separated. Sometimes in cases like ours when they are in different countries it is hard.

Write to us after you reach the USA.

I know it is morally wrong but what should I do. I wanted to live but what she did was completely wrong. I was paying her rent and other stuff since long time. Even when she didn't had her job, I supported her completely. I came to know couple of days ago that the house which I thought is not mine and I was paying for the ###### so that somebody else can live with my wife. two weaks ago she booked vacation to florida and i think now these guys will go.