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Posted

I need to know if theres anything I can do to get out of the situation I am in.

My husband whom came over on a K1 visa, is abusive towards my kids.

I have an adult order of protection against him, I have an order of protection for my children (hearing pending) and I have divorce paperwork being processed.

Is there a way for me to withdraw the I864 or make USCIS aware of his behavior/actions to prevent him from being able to ROC and stay in the US?

I-129F Process

Package Sent: 06/04/2014
Accepted (NOA1): 06/12/2014
Alien Reg. # Changed: 06/16/2014
Petition Approved (NOA2): 08/21/2014
Arrived at Consulate: 09/12/2014
DS160 Completed: 10/07/2014
Readiness: 10/07/2014
Medical: 10/08/2014
Interview: 12/09/2014 - APPROVED!
- CEAC Change to NonImmigrant - 12/10/2014
- CEAC Changed to AP - 12/11/2014
- CEAC Changed to Issued - 12/12/2014
Passport/Visa Received: 12/17/2014
POE: 12/22/2014 Chicago
Wedding: 02/03/2015



Our beautiful baby girl was born via csection January 10th 2015.

AOS Process

Mailed I-485, I-131 and I-765: 07/24/2015
Packet Delivered: 07/27/2015
Electronic NOA: 07/30/2015
Check Cashed: 07/31/2015
NOA1's Hardcopies Received: 08/04/2015
Biometrics Appt: 08/18/2015

EAD/AP Approved: 10/02/2015

- Card Ordered: 10/02/2015

- Approval Mailed: 10/06/2015

- Approval Received: 10/07/2015

- Combo Card Received: 10/08/2015

Interview: No Interview or VW
AOS Decision: Approved 01/30/2016

Posted

I need to know if theres anything I can do to get out of the situation I am in.

My husband whom came over on a K1 visa, is abusive towards my kids.

I have an adult order of protection against him, I have an order of protection for my children (hearing pending) and I have divorce paperwork being processed.

Is there a way for me to withdraw the I864 (No, there is no withdrawal) or make USCIS aware of his behavior/actions to prevent him from being able to ROC and stay in the US? You can inform USCIS about the orders of protection and state that you will not be part of the joint ROC petition with him in case he tries to file jointly and forge your signature. If you divorce, then he can try to file on his own and you won't have any part in that process. There is nothing else you can do as USCIS has to decide his fate. I am so sorry this is happening to you.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Posted

If I were you, I would also ask this question on Avvo.com to get some free advice from lawyers. I bet you there is a way to do something... Good luck and keep yourself and your children safe.

She could do something for herself and children.

Immigration wise - not so much, unless she could get him convicted of Domestic violence, child abuse -> ground for deportability

Done with K1, AOS and ROC

Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline
Posted

If you send USCIS copies of the spousal abuse filed with police and proteciton order, they may decide not to approve his ROC

other than that not much you can do but divorce and move on

Filed: Timeline
Posted

OP if you will have an atty at the hearing maybe s/he can address I 864, seemingly

not much you can do about it but ask your atty to get into on the matter...Read up on

Erler v Erler, 9th Circuit, Docket num.14-15362 re: affidavit of support.

In the meantime make sure you & your kids stay safe

 
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