Divorce and Withdraw I-485 petition

[JianWa 0]

Hi all,

I'm saddened that things are not working for us. So I wi to withdraw my petition for my soon to be Ex-Wife. I am not sure what I should do. So I need your advice.

Current status: She has her temporary GC. We have been married for almost a year. She got GC about a few weeks ago and our problem has been happening for for a couple of months and we can't solve our differences.

So I would like to divorce and also withdraw my petition for her. How do I go about it? Can I send in my withdraw petition before the divorce is finalized? We have not turned in the divorce papers yet, but we will soon. We will try annulment first.

Also which office do I send it to? I'm in California.

Thanks for any help and I hope this forum subsection is the correct one to post to.

Edited March 24, 2007 by JianWa

[Dr_LHA 3]

If she already has her condtional green card exactly what petition are you withdrawing? She's here legally now, and even if you get divorced, can still apply to remove condtions for a full Green Card. If your wife wishes to remain in the USA after your divorce, there's not much you can do to stop her.

[noviademexicano 0]

You may want to post at http://www.visajourney.com/forums/index.php?showforum=127 there are others with similar situations as yourself.

[athena_ny 1]

If she already has her condtional green card exactly what petition are you withdrawing? She's here legally now, and even if you get divorced, can still apply to remove condtions for a full Green Card. If your wife wishes to remain in the USA after your divorce, there's not much you can do to stop her.

[KarenCee 3]

I agree with dr lha....there IS no petition to withdraw. As far as I know the affidavit of support you signed makes you liable for her for the next 9 years.

[Dr_LHA 3]

I agree with dr lha....there IS no petition to withdraw. As far as I know the affidavit of support you signed makes you liable for her for the next 9 years.

Yes, its actually stronger than a marriage certificate!

[meauxna 15]

As far as I know the affidavit of support you signed makes you liable for her for the next 9 years.

Karen, there are several things that discharge the I-864, but "10 years" is not one of them (it's a popular myth tho!).

[JianWa 0]

What are possible things that can be done? I feel I've been swindled. She stays with me till she gets everything and I'm stuck with a bill.

Also why can I not withdraw I-864 support or things? Eventually I think I will lose in the end. But for the moment, I would like to make things difficult for her to get her permanent status(out of anger and frustration).

Isn't the conditional GC valid based on marriage? If we are divorced, she does not meet the condition right and have to go back??!!?!? Unless she hires a lawyer to go back.

Please advise...

thanks...

If she already has her condtional green card exactly what petition are you withdrawing? She's here legally now, and even if you get divorced, can still apply to remove condtions for a full Green Card. If your wife wishes to remain in the USA after your divorce, there's not much you can do to stop her.

[diadromous mermaid 36]

What are possible things that can be done? I feel I've been swindled. She stays with me till she gets everything and I'm stuck with a bill.

Also why can I not withdraw I-864 support or things? Eventually I think I will lose in the end. But for the moment, I would like to make things difficult for her to get her permanent status(out of anger and frustration).

Isn't the conditional GC valid based on marriage? If we are divorced, she does not meet the condition right and have to go back??!!?!? Unless she hires a lawyer to go back.

Please advise...

thanks...

If she already has her condtional green card exactly what petition are you withdrawing? She's here legally now, and even if you get divorced, can still apply to remove condtions for a full Green Card. If your wife wishes to remain in the USA after your divorce, there's not much you can do to stop her.

YOu can request that the I-864 be withdrawn, but in order for that request to stand a chance of being accomodated you'd be required to provide proof that your wife's intent upon entering the marriage was for immigration benefit alone. "Feeling" as if you've been swindled, and actually having been deceived are two distinct matters. Now if you can demonstrate, through presentation of compelling evidence that you were deceived into marrying then, yes, USCIS, if satisfied with the documentation you offer could do one of two things. Either rescind the conditional green card (this is unlikely, unless there were clear written evidence of some scheme to defraud the government of a green card, and you as well) or they would examine the matter more thoroughly, and quite possibly, based on the body of evidence there is, pay close attention to her case file come I-751 time. If USCIS were to believe that fraud had been commited, actions to rescind the approval would commence. She'd have a chance to rebut that before the immigration judge. If that does not occur, when she files a waiver of form I-751, after a divorce has been finalised, there is a good chance she would be interviewed and would have to overcome any suspicion USCIS had at that time. If denied, your I-864 would no longer be required.

[JianWa 0]

Any other ideas of delaying her? Since I believe of sending her back to China is not possible(I wish it was possibe).

YOu can request that the I-864 be withdrawn, but in order for that request to stand a chance of being accomodated you'd be required to provide proof that your wife's intent upon entering the marriage was for immigration benefit alone. "Feeling" as if you've been swindled, and actually having been deceived are two distinct matters. Now if you can demonstrate, through presentation of compelling evidence that you were deceived into marrying then, yes, USCIS, if satisfied with the documentation you offer could do one of two things. Either rescind the conditional green card (this is unlikely, unless there were clear written evidence of some scheme to defraud the government of a green card, and you as well) or they would examine the matter more thoroughly, and quite possibly, based on the body of evidence there is, pay close attention to her case file come I-751 time. If USCIS were to believe that fraud had been commited, actions to rescind the approval would commence. She'd have a chance to rebut that before the immigration judge. If that does not occur, when she files a waiver of form I-751, after a divorce has been finalised, there is a good chance she would be interviewed and would have to overcome any suspicion USCIS had at that time. If denied, your I-864 would no longer be required.

[Nancy2015 2]

You can get divorced and move on. Without your cooperation, removing conditions on her green card will be difficult for her. Not impossible, though.

[Bobbie 1]

I have read about people getting divorced and feeling swindled (which must be the way someone would feel, unlike if they just married a usc off the bat) but I really wonder, if these are not swindlers, then would it not make sense to go and do some counseling. I think it will be terribly difficult for the first few years. I really know it will be and it would be easy to walk away. But, as long as the other person is willing, I think I would step up and say, waaait a minute. I chose YOU. I love YOU. Lets try to put this train back on the track.

Bobbie

[notscenenough 6]

here's what i think — instead of getting revenge on her, find yourself a better woman. I'm sure that would make you feel much better than getting her deported. But you can't anyway. She has her green card and there's not much you can do. Deal with it.

And no, the green card is not valid because of the marriage. She's lived here for a year, she has her life HERE now. Why should she be sent back? Just because the marriage failed and you don't like her anymore? Right.

Edited March 30, 2007 by notscenenough

[diadromous mermaid 36]

You can get divorced and move on. Without your cooperation, removing conditions on her green card will be difficult for her. Not impossible, though.

This isn't true. Many aliens are successful in removing conditions without the cooperation of the former USC spouse, and without difficulty.

[The Molinas 0]

nothing you can do... she is in the states legally now since she got her greencard... you can't take her greencard away from her and you can't send her back to her country...