US Citizen spouse withdrawn the petition while LPR wife is out of the country

[Lemon23 400]

Just now, Going through said:

Without knowing the full story of why he made the decision to withdraw.....he's a real piece of work.  Sounds like this was planned in advance and not one of those emotional at-whim actions.

This what I though too.

[Going through 5,671]

2 minutes ago, mindthegap said:

What is all this terminated and 90 days stuff? 

 

Her status is not terminated , only the joint aspect of the existing petition is - she just has to add a waiver (divorce, abuse, hardship or whatever) to it

I think she's talking about the 90 days to vacate the country (or whatever the number of days is) if there is no waiver filed and she doesn't continue to file on her own.

[Lemon23 400]

9 minutes ago, Going through said:

OP---can you call USCIS and ask generally on her behalf what the best course of action would be/how to re-enter/if she can re-enter?  Might give a starting point on whether she should try to cross the border.

Thank you, hoping for a good response so I can tell her what to do.

[f f 725]

she is still a permanent resident until uscis makes a decision. her husband can not withdrawal her petition he can only remove his support but then she can just go for a divorce waver. and having her out of country when he decides to do this will look pretty bad for him in divorce court. also have her check that he did not try to sign her name to withdraw the whole petition since that is forgery and the police would love to know if he did that.

[Lemon23 400]

1 minute ago, f f said:

she is still a permanent resident until uscis makes a decision. her husband can not withdrawal her petition he can only remove his support but then she can just go for a divorce waver. and having her out of country when he decides to do this will look pretty bad for him in divorce court. also have her check that he did not try to sign her name to withdraw the whole petition since that is forgery and the police would love to know if he did that.

Will ask her about this, but I guess she did not sign anything since she was surprised too about the email from USCIS that her husband withdrawn the support from her. She's okay applying a divorce waiver, her concern if she can still enter the US to file a divorce and proceed with the divorce waiver.

[f f 725]

14 minutes ago, Lemon23 said:

Will ask her about this, but I guess she did not sign anything since she was surprised too about the email from USCIS that her husband withdrawn the support from her. She's okay applying a divorce waiver, her concern if she can still enter the US to file a divorce and proceed with the divorce waiver.

I do not see a reason that would prevent her from entering. but bring all documents about this and printout any emails she has about this.

 

I am sure she did not sign anything to withdraw the petition I was meaning that she should check that her husband did not forge her signature to try to withdraw it. since he would be committing a felony/misdemeanor if he did. a call to uscis should be able to clarify that part.

[mindthegap 2,590]

21 minutes ago, Lemon23 said:

Will ask her about this, but I guess she did not sign anything since she was surprised too about the email from USCIS that her husband withdrawn the support from her. She's okay applying a divorce waiver, her concern if she can still enter the US to file a divorce and proceed with the divorce waiver.

Yeah, but what F F was hinting at, was has he attempted to withdraw the ENTIRE joint petition, by faking her signature as well as putting his on it?

That is definitely fraud, and would require a call to the cops.

 

Also check that he hasn't withheld or interfered with any USCIS mail addressed to her, as that would also be a felony.

 

 

 

As I previously posted, as a LPR, at the very least, she is legally entitled to a hearing with an immigration judge IF the entire petition has somehow been withdrawn. If it is only the joint aspect, then she has no issue returning.

 

Edited August 14, 2017 by mindthegap

[Lemon23 400]

1 minute ago, f f said:

I do not see a reason that would prevent her from entering. but bring all documents about this and printout any emails she has about this.

 

I am sure she did not sign anything to withdraw the petition I was meaning that she should check that her husband did not forge her signature to try to withdraw it. since he would be committing a felony/misdemeanor if he did. a call to uscis should be able to clarify that part.

She was concern what's written on the i-797, because it is stated on the letter that (This extension and authorization for employment and travel does not apply to you if your conditional status has been terminated)

I think she's under the impression that her status was terminated because her husband withdrawn the petition to her.

[mindthegap 2,590]

7 minutes ago, Lemon23 said:

She was concern what's written on the i-797, because it is stated on the letter that (This extension and authorization for employment and travel does not apply to you if your conditional status has been terminated)

I think she's under the impression that her status was terminated because her husband withdrawn the petition to her.

Unless she receives a notice of termination (and who knows, it may have been sent and her husband has intercepted and disposed of it), then no, it hasn't been. 

[f f 725]

if she has a friend I  the us have uscis change the mailing address to the friends place so the husband can not get any mail. you can even do it through usps online also so it gets setup faster.

[Lemon23 400]

2 minutes ago, f f said:

if she has a friend I  the us have uscis change the mailing address to the friends place so the husband can not get any mail. you can even do it through usps online also so it gets setup faster.

This is a a good idea, i will ask her to change her address and send all this USCIS letter to my address.

[mindthegap 2,590]

4 minutes ago, f f said:

if she has a friend I  the us have uscis change the mailing address to the friends place so the husband can not get any mail. you can even do it through usps online also so it gets setup faster.

Yes, very sensible.

 

She should change her address to someone she trusts, by filing the AR-11 online here: https://egov.uscis.gov/coa/displayCOAForm.do

[Going through 5,671]

From what I understand of the OP...this person is NOT a permanent resident...she is a conditional resident.  Her rights may not be the same since she's on a 2-year(now expired) green card when it comes to re-entrance after the petition was pulled.

 

Yes she can file the divorce waiver once in the country....but the issue is getting back into the country.  

Edited August 14, 2017 by Going through

[Lemon23 400]

23 minutes ago, Going through said:

From what I understand of the OP...this person is NOT a permanent resident...she is a conditional resident.  Her rights may not be the same since she's on a 2-year(now expired) green card when it comes to re-entrance after the petition was pulled.

 

Yes she can file the divorce waiver once in the country....but the issue is getting back into the country.  

This is actually her question, her re-entry here since the support was withdrawn already and she's still under conditional status since her i-751 is still pending and the support from US citizen husband was withdrawn. Isn't the status is automatic terminated once the support was withdrawn?

Edited August 14, 2017 by Lemon23

[f f 725]

12 minutes ago, Going through said:

From what I understand of the OP...this person is NOT a permanent resident...she is a conditional resident.  Her rights may not be the same since she's on a 2-year(now expired) green card when it comes to re-entrance after the petition was pulled.

 

Yes she can file the divorce waiver once in the country....but the issue is getting back into the country.  

the only way the whole petition could have been pulled is if the husband forged her signature. which I would hope would be considered a situation beyond her control and would allow her to get a returning resident visa. a call to uscis can determine to what extent the petition was pulled and i would still think she should attempt entry either way since she has either been a victim of fraud or able to enter no issues.