Devastated

[Lemonslice 4,831]

7 hours ago, lanalexis said:

My husband came here on a K-1 visa, we were married in June and I discovered that he's been looking for his first

gay experience. I'm very upset obviously, really he gave no explanation- this happened hours ago and I'm shaken to the core.

He's even left after police being called and so on. I gave this man all that I had and he didn't care. I wish I could go into more

details but I'm shaken. I want to know who I notify with USCIS and any recommendations for annulment attorneys in California 

if anyone can help. Currently, no interview has been held I saw online the USCIS was ready to schedule his interview- but no 

papers arrived. I'm so lost I lost friends and family because of him and I just have 1 friend. I'm sorry to be so emotional and 

scattered. I hope that i can find support here. 

Please reach out to your friends and family, they will most probably be happy to support you and show their love.

 

 

[Dashinka 24,481]

1 hour ago, TandSarahJane said:

My heart goes out to you!

 

Not to be construed as legal advice, just relaying some unfortunate past personal experience:

 

California divorce can be challenging because it is a "community property" state. Like others have stated, and especially if you have assets, retain the best attorney you can find/afford. Once the divorce petition is filed, there is usually an automatic restraining order that requires anything jointly-held to be sustained - e.g. if you have a joint bank account then you cannot drain it, co-owned cars cannot be sold off, if you are carrying them on your insurance or as a beneficiary then you cannot terminate the coverage without a court notification/approval.  Handle your business first and fast, and then file.... The order is there to force civility.

 

Since you are under 1 year of marriage, a good attorney will work to ensure that your assets remain yours and are not divided 50/50. Hopefully this remains civil and "high road".  In my personal experience, if the other party has nothing to lose then they may take a low road. Expect the unexpected.

 

 

 

This along with withdrawing the I864 is the best advice.  As others have said, you have to inform USCIS in writing that you are withdrawing the I864, and with that, his I485 application will end.  

 

Good Luck!

[kris&me 572]

Annulment is possible in California if you have proof of fraud

 

found this under California law

 

http://www.courts.ca.gov/1037.htm#statute

Fraud: An annulment on grounds of fraud can only be filed by the person who was deceived. It must be filed within 4 years of discovering the fraud.

 

 

 

 

[TandSarahJane 178]

31 minutes ago, kris&me said:

Annulment is possible in California if you have proof of fraud

 

found this under California law

 

http://www.courts.ca.gov/1037.htm#statute

Fraud: An annulment on grounds of fraud can only be filed by the person who was deceived. It must be filed within 4 years of discovering the fraud.

 

 

 

 

Standard "I am not a lawyer, this is not legal advice... if you need legal advice, please consult an attorney" disclaimer applies (again):

Proof of fraud is very very difficult and expensive except in cases like polygamy where the person is already married to someone else. A simple no-fault divorce decree for "irreconcilable differences" with a signed settlement agreement is usually the least risky and fastest/cheapest way to start healing and move on. I would be very suspect of a lawyer that would recommend annulment in this situation, it creates too many procedural traps that can drag on for years.

 

It's REALLY important to separate emotions from legal formality. Legal formality gets you through the process and on to the next part of your life. Emotions get you in trouble. What you don't want is for those 2 things to overlap because then it's your emotions creating legal formalities (aka legal problems).

 

DO reach out to a close family member, clergy, and/or a trusted close friend for emotional support.  DO rotate between them so you're not unloading too much on 1 person. DON'T try to keep everything inside.

[OlayemiLoray 172]

16 hours ago, Rusty72 said:

What he did to the woman should NOT be celebrated 

Exactly!!! Celebrate what??? That he came over on her expense knowing he was gay???? Pfftttt!! This is very heartbreaking to say the least and pray that the OP find some answers as well as relief to all this madness...And let me be clear, I definitely don't have anything against with how one live their lifestyle because it is solely their choice..

[lanalexis 30]

Thanks everyone for your advice, I'm meeting with an attorney for a consultation on Tuesday (sadly on my birthday). The only thing I'm celebrating

is having this person out of my life, I never would have married him if I knew he was gay. We supposedly agreed on our religious beliefs, and 

and supposedly issues concerning sexuality. Of course everyone has take their own path, but I was deceived, and so was my family he took 

advantage of us immensely. 

[lanalexis 30]

Can anyone tell me how to withdraw financial support and who I send it to. I called USCIS and the person was clueless. I know that its possible but this person had no idea.

[debbiedoo 2,339]

Just now, lanalexis said:

Can anyone tell me how to withdraw financial support and who I send it to. I called USCIS and the person was clueless. I know that its possible but this person had no idea.

send a letter to uscis

[lanalexis 30]

1 minute ago, debbiedoo said:

send a letter to uscis

Is it my local office?

[debbiedoo 2,339]

1 minute ago, lanalexis said:

Is it my local office?

im not positive but yes, in this case i would think so (since AOS is handled by local offices)

[TBoneTX 45,259]

Don't count on the mail.  Take your withdrawal letter to a USCIS InfoPass appointment and hand it to an officer.  Get a receipt, if possible, or at least the officer's name.

[lanalexis 30]

9 minutes ago, TBoneTX said:

Don't count on the mail.  Take your withdrawal letter to a USCIS InfoPass appointment and hand it to an officer.  Get a receipt, if possible, or at least the officer's name.

I agree I tried asking customer service for an appointment and she told me they would give me the same information. She also told me to withdraw my i29 F form an I could mail it to the same office that approved it.

[TBoneTX 45,259]

Bummer about the unavailable InfoPass appointments.

On your mailed envelope to the approval office, write "WITHDRAWAL OF I-864" above the address area in big letters.

Let us know about your caucus with the attorney, if you want.

Try to have a happy birthday.  This one marks the beginning of the path toward more pleasant things later.

[Villanelle 4,122]

How was your birthday? Good I hope

 

You have to remember when dealing with USCIS its like talking to a live automated system. They have scripted responses, they can not offer suggestions or advice. 

 

Technically the only form you filed with them was the 129f. Thats over and done with. Some people do include in their withdrawal letters that they want to withdraw the 129f+864. Sometimes USCIS will go in the system and cancel out the 129f, sometimes they dont. Do not focus on the 129f. Your focus is on the 864 you signed that was included in HIS AOS packet. So technically its his packet, you can not withdraw his packet. If you ask about doing such you will hit a brick wall because its not your packet. You are not asking to withdraw his packet- rather you are asking to withdraw YOUR signed 864 that he submitted in his packet.

 

Seems like common sense and a middle schooler would understand but USCIS operates like a live automated system. One wrong word and its not understood. Again, they will not correct you or offer the correct terminology- they will just keep repeating it is not possible for you to withdraw his AOS. 

 

Your letter needs to include all the info you have- name, A#, case number, dates etc. And it needs to say I, (your name) signed an 864 that was submitted in his AOS packet and I want to withdraw it. Sign it. You can get it notarized if you like but its not required. Send it to the same address you sent the AOS packet to. You can also send it to the local office / and or go to the local office in person and hand deliver a copy of it. 

 

You may get back a confirmation, you may not. You should mail it with a tracking number.  If you track his case online eventually it will show it is closed out. He can not get the GC unless he has a valid 864 signed by you. He currently has one- when the withdrawal letter is added to his file that 864 they have is no good any more. So it can be a while where your letter sits in his case, until someone actually picks it up and does something with it. Again, sometimes they send a confirmation letter, sometimes they do not.

 

If he is also interested in ensuring his case is stopped he can send his own letter asking to withdraw his 485 form.

[Shiran 1,134]

Does that even still needs to be withdrawn if person left the country before getting their AP which automatically should nullify AOS ? The question to ask here really is "Can the person re-enter using ESTA after committing what can be perceived K-1 fraud?"