Scammed [merged threads]

[Drackkor 0]

On ‎12‎/‎19‎/‎2018 at 6:36 AM, missileman said:

Denied I-485 = dead I-864...she can not adjust through you......immigration case closed as far as you are concerned........But divorce is a whole different animal which has zero to do with any I-864.

Does anyone know of a actual immigration attorney who would be will to state this quote to be true? "That once the I-485 is denied the I-864 becomes null and void."  ? Another quote her "Denied I-485 = dead I-864...she can not adjust through you....immigration case closed as far as you are concerned"  Anyone know a immigration attorney who agrees with these statements? Thanks  If this could be verified by a actual immigration attorney where I could receive a email or letter stating this I would feel much better going to court with a letter of opinion. Even better letter of fact!

[Villanelle 4,122]

I guess you can pay another attny for a letter but seriously READ the actual form "Your obligations under form 864 you signed will end if the person who becomes a LPR BASED ON THAT affidavit..."" blah blah' If the person applies for and obtains a new grant of AOS based on a new affidavit if one is required.'

 

Sorry I cant cut and paste from forms in this browser. 

VAWA uses the 864W. VAWA cases are confidential and she doesnt have to disclose anything about her current process but it seems like she opened this door by trying to enforce an 864 that was NEVER processed in her adjustment of status. 

 

So first- she never became an LPR based on your affidavit- second she is becoming an LPR based on her own 864W. Maybe print out the 864W (blank) and submit it to the court to show that is the form she is currently using and not your 864. Perhaps your attny has to flip it around and ask for proof this '864' she has that you signed was accepted and actually used by USCIS. Because it wasnt. 

 

ANY reputable immigration attny would probably write you a letter saying what you want. Several attny names are often thrown around but I dont know any off the top of my head. Most recommendations are in the waiver subforum. Theres also a website for immigrants looking to sue someone under the 864. Its easily found in google. Perhaps they would write you something saying there is no case when AOS isnt completed/VAWA is filed.

[Villanelle 4,122]

On 12/19/2018 at 10:06 PM, Drackkor said:

I appreciate the response. I just hope the judge see's it the same way. He's already taking the I-134 and I-864 into consideration even though my lawyer has stated that this is a contract between myself and the U.S. Government. I have a feeling this is going to trial since my ex lawyer isn't budging. My lawyer is in contact with a immigration attorney for more advise when it comes right down to it there the ones who decide what can and will be included in the case so I hope there is someway of showing all my details and not caving in on anything.

DO NOT cave and give her support/support for her child when there is no valid 864. That would be CRAZY!!! Even regular old spousal support for a very short marriage is crazy, but it happens.  

[geowrian 22,337]

3 minutes ago, Drackkor said:

Does anyone know of a actual immigration attorney who would be will to state this quote to be true? "That once the I-485 is denied the I-864 becomes null and void."  ? Another quote her "Denied I-485 = dead I-864...she can not adjust through you....immigration case closed as far as you are concerned"  Anyone know a immigration attorney who agrees with these statements? Thanks  If this could be verified by a actual immigration attorney where I could receive a email or letter stating this I would feel much better going to court with a letter of opinion. Even better letter of fact!

The I-485 for a family member is contingent on a proper I-864. Dead I-485 => dead I-864. An I-864 cannot be executed on itself...it is always supplementary to an underlying application.

 

Also, the I-864 ONLY applies upon approval of the I-485. From the I-864 itself:

"What Does Signing Form I-864 Require Me To Do?

If an intending immigrant becomes a lawful permanent resident in the United States based on a Form I-864 that you have signed..."

 

The only way she can adjust status through you is with your cooperation, in the form of an I-864 from you.

She could obtain permanent residency through other means (VAWA, another relative, employment means, etc.), but you're not involved in the process with those methods.

 

If you need something from an attorney, I would have to believe any competent immigration attorney can easily validate this.

[Unlockable 7,314]

On 12/19/2018 at 10:06 PM, Drackkor said:

I appreciate the response. I just hope the judge see's it the same way. He's already taking the I-134 and I-864 into consideration even though my lawyer has stated that this is a contract between myself and the U.S. Government. I have a feeling this is going to trial since my ex lawyer isn't budging. My lawyer is in contact with a immigration attorney for more advise when it comes right down to it there the ones who decide what can and will be included in the case so I hope there is someway of showing all my details and not caving in on anything.

 

7 hours ago, Drackkor said:

Does anyone know of a actual immigration attorney who would be will to state this quote to be true? "That once the I-485 is denied the I-864 becomes null and void."  ?

 

7 hours ago, Drackkor said:

Does anyone know of a actual immigration attorney who would be will to state this quote to be true? "That once the I-485 is denied the I-864 becomes null and void."  ? Another quote her "Denied I-485 = dead I-864...she can not adjust through you....immigration case closed as far as you are concerned"  Anyone know a immigration attorney who agrees with these statements? Thanks  If this could be verified by a actual immigration attorney where I could receive a email or letter stating this I would feel much better going to court with a letter of opinion. Even better letter of fact!

I know this may be what you don't want to hear, but if the judge IS taking the affidavits into consideration, then you may just have to hire an immigration attorney to work in tandem with your divorce lawyer.

 

The immigration atty would be there just to argue the legality of the I-485 and I-864. Remember, the judge is probably less knowledgeable about the immigration process as you are. Which is why her lawyer is waving those official government documents in the judges face. An expert in immigration would put er lawyers argument to bed fairly quickly.

 

Seems your ex's lawyer is like a Saul Goodman type.

[Villanelle 4,122]

I think either her divorce attny doesnt really know immigration stuff or is just taking the approach of throwing it all and seeing what sticks. Either way the word that comes to mind about her attny is sleazy. Unfortunately most people think they need a 'good lawyer' but when the other person attny is sleazy you need to get one who is just as sleazy to fight back. I think Geowrain used the best term- competent- which in this case can mean able to play dirty as well.

[Drackkor 0]

Ok from my understanding the I-130 have no support affidavit with it. I have withdrawn the I-864 already and the I-485 has been denied. She deleted all the forms off my computer and the cloud so have no Idea what the receipt number is anyways.  I don't know if this is worth chasing after or not? The I-134 is non-binding that was done with K1 & K3 visa.

[TBoneTX 45,329]

A related follow-on thread has been merged into this one.

Edited January 7, 2019 by TBoneTX

[Going through 5,671]

24 minutes ago, Drackkor said:

Ok from my understanding the I-130 have no support affidavit with it. I have withdrawn the I-864 already and the I-485 has been denied. She deleted all the forms off my computer and the cloud so have no Idea what the receipt number is anyways.  I don't know if this is worth chasing after or not? The I-134 is non-binding that was done with K1 & K3 visa.

You've done your part---you withdrew the i-864.

 

Her immigration journey becomes her own, from this point, and won't involve you----the actual length of her journey might not be too long, however depends on any evidence she provides.

[Crazy Cat 41,904]

28 minutes ago, Drackkor said:

Ok from my understanding the I-130 have no support affidavit with it. I have withdrawn the I-864 already and the I-485 has been denied. She deleted all the forms off my computer and the cloud so have no Idea what the receipt number is anyways.  I don't know if this is worth chasing after or not? The I-134 is non-binding that was done with K1 & K3 visa.

If the I-864 was withdrawn and the I-485 was denied, she stands alone and isolated/insulated  from you as far as immigration is concerned...imo.

Edited January 7, 2019 by missileman

[mushroomspore 3,044]

38 minutes ago, Drackkor said:

Ok from my understanding the I-130 have no support affidavit with it. I have withdrawn the I-864 already and the I-485 has been denied. She deleted all the forms off my computer and the cloud so have no Idea what the receipt number is anyways.  I don't know if this is worth chasing after or not? The I-134 is non-binding that was done with K1 & K3 visa.

It's not.

[Drackkor 0]

Is there anyway she can keep the denied I-485 alive to file with VAWA? If she files the I-360 ? I see that when people who claim VAWA file the I-360 and the I-485. Or does she need to redo the I-485 with this new form?

[geowrian 22,337]

23 minutes ago, Drackkor said:

Is there anyway she can keep the denied I-485 alive to file with VAWA? If she files the I-360 ? I see that when people who claim VAWA file the I-360 and the I-485. Or does she need to redo the I-485 with this new form?

New I-485 is needed as there is a new basis for AOS and a new underlying petition (I-360 self-petition)

Edited January 24, 2019 by geowrian

[Drackkor 0]

Thanks I hate be scared and worried always  Can't wait until divorce is done whenever they set the final hearing. 

[EM_Vandaveer 2,408]

On 12/18/2018 at 7:10 PM, 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??

Logically as the I-485 was denied, you're NOT on the hook for I-864. It only applies if the sponsored intending immigrant actually receives LPR status. That didn't happen with her I-485 being denied.