Scammed [merged threads]

[Drackkor 0]

I'm sure I'm not the first and won't be the last to be scammed. I have gone to immigration interview alone and withdrew my I-864 in front of an immigration official. About a week latter the I-485 has been denied. We are currently going through a divorce and at our last hearing which is over a year since the I-485 was denied her immigration attorney is claiming domestic abuse. I don't even have a police record how is this possible? My attorney said that often they will just listen to her story and never ask the American citizen or look up any records. I'm worried because her attorney wants spousal support and child support of $1700 a month and I only make take home $2000 a month. Wasn't my I-864 canceled and withdrawn? I have been writing and writing but these guys never get back to me. I just thought it was since I signed and did it at a uscis agency under the immigrations offers recommendation. So now do I write a letter to this VAWA? My ex wife of over 20 years is writing a character letter for me stating I never hit her or our kids in fact never even spanked our children. So if anyone knows how to confirm my I-864 was withdrawn how to go about this? Like I said I sent out over 10 letters to USCIS asking for verification and sent those letters certified mail. My I-485 again has been denied.

Edited January 7, 2019 by TBoneTX

[Drackkor 0]

Oh by the way I was married for just over 6 months when I filled for divorce. She wants the moon and the stars and her immigration attorney is very much trying to bully me.

[p-ana 933]

If you withdrew the i864 and the i485 is denied, you’re off the hook for the i864s obligations.

whatever else she wants for divorce is another matter. The vawa case is hers so you won’t be asked for any documents 

[little immigrant 801]

I'm sorry you're going through this. I hope you have a good divorce attorney. 

 

Do you have children together? 

[Going through 5,671]

13 minutes ago, Drackkor said:

We are currently going through a divorce and at our last hearing which is over a year since the I-485 was denied her immigration attorney is claiming domestic abuse. I don't even have a police record how is this possible?

VAWA can be used for other forms of abuse, not just physical---mental abuse, financial abuse, etc.  Also possible to claim VAWA without the other person (in this case, you) having criminal charges or a past police record.  Proving it, is another thing, of course.

 

15 minutes ago, Drackkor said:

I'm worried because her attorney wants spousal support and child support of $1700 a month and I only make take home $2000 a month. Wasn't my I-864 canceled and withdrawn?

Withdrawing the i-864 doesn't mean you're not obligated to pay spousal support through divorce court if ordered.  Since you share a child together, seems reasonable she is asking for child support.  The financial obligations of immigration is different from the financial obligations after divorce.

 

18 minutes ago, Drackkor said:

So now do I write a letter to this VAWA? My ex wife of over 20 years is writing a character letter for me stating I never hit her or our kids in fact never even spanked our children. So if anyone knows how to confirm my I-864 was withdrawn how to go about this?

There is nothing you need to/can submit in terms of her VAWA case.  It is her case, and your character letter will not be taken into consideration.  Her approval is contingent on the evidence she submits to support her VAWA claim, as well as her evidence of entering the marriage in good faith.

[Going through 5,671]

23 minutes ago, Drackkor said:

I'm sure I'm not the first and won't be the last to be scammed.

If you have substantial evidence of her committing immigration fraud, you can certainly submit your evidence to USCIS.  What sort of evidence do you have that she scammed you?

[Drackkor 0]

We don't have children together I have 3 sons but there my own. I guess I can only show documents if she ever accuses me of a crime. So like I was asking earlier how do you get verification the I-864 was withdrawn? The only thing I know for certain is the I-485 was denied.  I wrote USCIS so may times about the I-864 never get a response. Anyone know??

[Drackkor 0]

8 minutes ago, Drackkor said:

We don't have children together I have 3 sons but there my own. I guess I can only show documents if she ever accuses me of a crime. So like I was asking earlier how do you get verification the I-864 was withdrawn? The only thing I know for certain is the I-485 was denied.  I wrote USCIS so may times about the I-864 never get a response. Anyone know??

 

32 minutes ago, p-ana said:

If you withdrew the i864 and the i485 is denied, you’re off the hook for the i864s obligations.

whatever else she wants for divorce is another matter. The vawa case is hers so you won’t be asked for any documents 

No idea what this means? Yes I withdrew the I-864 in front of immigration official but have been looking for a letter confirming that the I-864 has been withdrawn. But yes the I-485 is denied. Thanks for replies all.!

[Going through 5,671]

12 minutes ago, Drackkor said:

We don't have children together I have 3 sons but there my own.

Thanks for the clarification---in your original post you'd stated she was asking for child support, hence why I assumed you two had children together.

 

 

[Drackkor 0]

21 minutes ago, Going through said:

VAWA can be used for other forms of abuse, not just physical---mental abuse, financial abuse, etc.  Also possible to claim VAWA without the other person (in this case, you) having criminal charges or a past police record.  Proving it, is another thing, of course.

 

Withdrawing the i-864 doesn't mean you're not obligated to pay spousal support through divorce court if ordered.  Since you share a child together, seems reasonable she is asking for child support.  The financial obligations of immigration is different from the financial obligations after divorce.

 

There is nothing you need to/can submit in terms of her VAWA case.  It is her case, and your character letter will not be taken into consideration.  Her approval is contingent on the evidence she submits to support her VAWA claim, as well as her evidence of entering the marriage in good faith.

We don't have a child together. I was just wondering how someone confirms that in fact the I-864 was withdrawn. My I-485 has been denied still nothing on the I-864 though no idea about this.

[Going through 5,671]

Withdrawing the i-864 automatically cancels the i-485, so since the i-485 ended up being denied it's a good indication the i-864 is on file (also you said you withdrew it in person with an IO).

 

Normal response time from USCIS to withdrawal letters is roughly 2 weeks from what I've seen reported.  You can always confirm the withdrawal was received (again, if the i-485 was denied right after, that's a pretty good indication) at an Infopass.

Edited December 19, 2018 by Going through

[Unlockable 7,314]

*** Moved from General Immigration-Related Discussion to "Effects of Major Family Changes on Immigration Benefits" ***

[Going through 5,671]

16 minutes ago, Drackkor said:

We don't have a child together. I was just wondering how someone confirms that in fact the I-864 was withdrawn. My I-485 has been denied still nothing on the I-864 though no idea about this.

Again, your original post stated she also asked for "child support"...natural assumption was that you shared a child together:

 

1 hour ago, Drackkor said:

I'm worried because her attorney wants spousal support and child support of $1700 a month and I only make take home $2000 a month.

 

[Unlockable 7,314]

59 minutes ago, Drackkor said:

I'm sure I'm not the first and won't be the last to be scammed. I have gone to immigration interview alone and withdrew my I-864 in front of an immigration official. About a week latter the I-485 has been denied. We are currently going through a divorce and at our last hearing which is over a year since the I-485 was denied her immigration attorney is claiming domestic abuse. I don't even have a police record how is this possible? My attorney said that often they will just listen to her story and never ask the American citizen or look up any records. I'm worried because her attorney wants spousal support and child support of $1700 a month and I only make take home $2000 a month. Wasn't my I-864 canceled and withdrawn? I have been writing and writing but these guys never get back to me. I just thought it was since I signed and did it at a uscis agency under the immigrations offers recommendation. So now do I write a letter to this VAWA? My ex wife of over 20 years is writing a character letter for me stating I never hit her or our kids in fact never even spanked our children. So if anyone knows how to confirm my I-864 was withdrawn how to go about this? Like I said I sent out over 10 letters to USCIS asking for verification and sent those letters certified mail. My I-485 again has been denied.

 

30 minutes ago, Drackkor said:

We don't have children together I have 3 sons but there my own. I guess I can only show documents if she ever accuses me of a crime. So like I was asking earlier how do you get verification the I-864 was withdrawn? The only thing I know for certain is the I-485 was denied.  I wrote USCIS so may times about the I-864 never get a response. Anyone know??

 

18 minutes ago, Drackkor said:

 

No idea what this means? Yes I withdrew the I-864 in front of immigration official but have been looking for a letter confirming that the I-864 has been withdrawn. But yes the I-485 is denied. Thanks for replies all.!

@Drackkor,

 

As others have already mentioned, since the I-864 was withdrawn and the I-485 was denied, you are not on the hook for anything related to immigration. I emphasis on the part about anything related to immigration because this is now a divorce issue... not an immigration issue. In a divorce, a spouse can very well ask for spousal support.

 

You need an attorney that specializes in divorce more than one that specializes in immigration. Seems like your exes attorney is attempting to get as much from you. Abuse can be  claimed as mental, emotional, and physical, and a police report is not needed for a person to be abused. The onus is now on you to prove you did not abuse your spouse, which is why you should have an attorney, like, yesterday to help you gather evidence.

 

Do NOT fight this alone. The affidavit of support by immigration no longer plays a part in this. Your ex is simply looking for means to obtain a GC without being married to you.

[Drackkor 0]

1 minute ago, NuestraUnion said:

Is the I-864 withdrawn? I don't have any idea? I never got a confirmation letter from USCIS? I asked for confirmation that the I-864 has been withdrawn never get a response back. The only thing I do know is the I-485 was denied. That's all. So again how do you get a answer back from USCIS that the I-864 was withdrawn?

 

@Drackkor,

 

As others have already mentioned, since the I-864 was withdrawn and the I-485 was denied, you are not on the hook for anything related to immigration. I emphasis on the part about anything related to immigration because this is now a divorce issue... not an immigration issue. In a divorce, a spouse can very well ask for spousal support.

 

You need an attorney that specializes in divorce more than one that specializes in immigration. Seems like your exes attorney is attempting to get as much from you. Abuse can be  claimed as mental, emotional, and physical, and a police report is not needed for a person to be abused. The onus is now on you to prove you did not abuse your spouse, which is why you should have an attorney, like, yesterday to help you gather evidence.

 

Do NOT fight this alone. The affidavit of support by immigration no longer plays a part in this. Your ex is simply looking for means to obtain a GC without being married to you.