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[Going through 5,671]

On 1/23/2019 at 11:19 PM, Drackkor said:

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

Scared and worried about what, exactly?

 

If she does go the VAWA route, it's not any sort of criminal trial against you or anything like that where criminal charges are then laid by her or USCIS.  All it would be, is a review of documents (ie. police report, hospital/medical records, etc.) presented by her in regards to any claims for a VAWA approval. 

 

You will not be contacted or questioned or even notified by USCIS at any point, as you would not be any part of any VAWA process started by her.  So don't worry about the police suddenly knocking on your door, if that's what you're scared of.

[Drackkor 0]

I'm not worried about any charges I have done nothing wrong. I texted her and that's the only thing I did. What I'm scared and worried about is her immigration lawyer wants to try and use the I-864 and I-134 against me in divorce case. So of course worried about that. Even though the I-485 was denied so now she is claiming VAWA. I just want this divorce to be over with maybe I'll be able to sleep at night again. I have hired a immigration attorney to write a letter of opinion with all the details I have for her. Also I have a regular divorce attorney hopefully between the 2 of them the I-864 and !-134 get tossed.

[EM_Vandaveer 2,408]

3 hours ago, Drackkor said:

I'm not worried about any charges I have done nothing wrong. I texted her and that's the only thing I did. What I'm scared and worried about is her immigration lawyer wants to try and use the I-864 and I-134 against me in divorce case. So of course worried about that. Even though the I-485 was denied so now she is claiming VAWA. I just want this divorce to be over with maybe I'll be able to sleep at night again. I have hired a immigration attorney to write a letter of opinion with all the details I have for her. Also I have a regular divorce attorney hopefully between the 2 of them the I-864 and !-134 get tossed.

I-864 never went into effect. It says it on the form itself. "The intending immigrant becoming lawful permanent resident is the consideration for the contract." That's legalese for "the intending immigrant has to become a LPR for the contract to take effect", basically. If you have a lawyer who are worth their salt they can easily prove that.

Edited January 26, 2019 by EM_Vandaveer

[Drackkor 0]

Thanks for response I hope the Judge see's it this way. I just don't see how she could enforce the I-134 since that is non binding contract and the I-864 I withdrew in front of a USCIS officer and the I-485 denied. And to top it all off this is a contract between me and the United States Government and has nothing to do with me and my soon to be ex spouse. Plus everything should be dead and withdrawn she has no way to citizenship unless she uses VAWA and files her own I-864W. I have been printing out a lot of these forum topics to use and show to my attorney. I know he will not really give these posts to much attention but when there are documents that support ones findings it clearly should show that these are both null and void.

 

[NikLR 13,227]

a VAWA is a self petition so you no longer are needed for the I-864 and they can't sue you for it. 

[Villanelle 4,122]

On 1/23/2019 at 11:11 PM, geowrian said:

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

@Drackkor Once the 485 is denied its denied (unless you appeal) but with the 864 withdrawn it can not be won on appeal. You do not need to worry about it ever being used by the government- however in your divorce I hope you are able to show the Judge its not in effect.

 

@geowrian If someone has a pending 485 and then files 360- as long as the 485 is active (864 wasnt pulled or denied at interview) USCIS can 'hold' the pending 485 and use it with the 360. The 864 originally with it is not transferred over to the 360- they use a 864w they fill out themselves. 

[Nitas_man 3,100]

18 hours ago, Drackkor said:

Thanks for response I hope the Judge see's it this way. I just don't see how she could enforce the I-134 since that is non binding contract and the I-864 I withdrew in front of a USCIS officer and the I-485 denied. And to top it all off this is a contract between me and the United States Government and has nothing to do with me and my soon to be ex spouse. Plus everything should be dead and withdrawn she has no way to citizenship unless she uses VAWA and files her own I-864W. I have been printing out a lot of these forum topics to use and show to my attorney. I know he will not really give these posts to much attention but when there are documents that support ones findings it clearly should show that these are both null and void.

 

A withdrawn I-864 is dead.  There is no contract.  Relax.

[Boiler 45,564]

The issue here is the Divorce Judge knowing nothing about immigration and seemingly being guided by her Lawyer assuming there is a valid agreement. Sounds silly  but I guess not impossible.

[lanalexis 30]

My question concerning a withdrawn i-864 is if USCIS gives a confirmation of it being withdrawn. In my case I withdrew it, but I never heard anything, but I know that everything was denied in my case which is great but a confirmation would be nice to have. 

[Drackkor 0]

Yes same here although I'm told this is normal that USCIS won't give a response but it sure would be nice. At least I know that the I-485 was denied. But until my final court date for divorce I won't know. It's been over a year since I filed divorce and still waiting for final hearing. I withdrew my I-864 in 2017 in front of a USCIS Officer at the I-485 adjustment of status hearing where we were both suppose to attend. I went alone and explained why I felt the whole marriage was a scam. At that time the USCIS officer had me write on a form which I made out and printed up that in addition I would like to withdraw my I-864 affidavit of support. I had her beneficiary number on that form and other information. I had know idea the seriousness of the I-864 this whole process from that interview to this very day has truly consumed my life. I want this to be over so tired of dealing with this just want to move on. I have had to hire a divorce attorney and a immigration attorney it has cost me thousands of dollars and every time we meet in court her attorney keeps asking for more and more.

[beloved_dingo 1,979]

On 1/25/2019 at 8:15 PM, Drackkor said:

Thanks for response I hope the Judge see's it this way. I just don't see how she could enforce the I-134 since that is non binding contract and the I-864 I withdrew in front of a USCIS officer and the I-485 denied. And to top it all off this is a contract between me and the United States Government and has nothing to do with me and my soon to be ex spouse. Plus everything should be dead and withdrawn she has no way to citizenship unless she uses VAWA and files her own I-864W. I have been printing out a lot of these forum topics to use and show to my attorney. I know he will not really give these posts to much attention but when there are documents that support ones findings it clearly should show that these are both null and void.

 

A civil circuit/domestic relations judge does not have the authority to "enforce" an affidavit of support used for immigration. That lawyer can submit it as "evidence" all he wants, but it's meaningless. The judge may not have much knowledge of immigration, but he WILL know the laws of your state and it is almost impossible for a 6 month divorce to have ordered alimony/spousal support. And, based on what you have shared, child support isn't even in the equation. Basically, according to the laws of most states, she has literally no grounds to ask you for anything financially. 
 

I work family law/divorce cases. What your wife is doing is an incredibly common divorce tactic to try and get you to agree to more than she is entitled to. Spouse A will make demands, sometimes even have an agreement drawn up, try to give some kind of time limit, and hope Spouse B either signs the papers as is or "compromises". Fact is, she will probably get screwed if it goes to trial. Judges aren't idiots and they see this kind of thing all. the. time. 

[Villanelle 4,122]

6 minutes ago, beloved_dingo said:

A civil circuit/domestic relations judge does not have the authority to "enforce" an affidavit of support used for immigration. That lawyer can submit it as "evidence" all he wants, but it's meaningless. The judge may not have much knowledge of immigration, but he WILL know the laws of your state and it is almost impossible for a 6 month divorce to have ordered alimony/spousal support. And, based on what you have shared, child support isn't even in the equation. Basically, according to the laws of most states, she has literally no grounds to ask you for anything financially. 
 

I work family law/divorce cases. What your wife is doing is an incredibly common divorce tactic to try and get you to agree to more than she is entitled to. Spouse A will make demands, sometimes even have an agreement drawn up, try to give some kind of time limit, and hope Spouse B either signs the papers as is or "compromises". Fact is, she will probably get screwed if it goes to trial. Judges aren't idiots and they see this kind of thing all. the. time. 

I disagree with some of what you said. You have to remember courts are location specific (and he has not posted which state this is). The 864 CAN be used in divorce proceedings. Some courts will allow it and some will say you have to go to federal court to enforce it, but again some local courts do use the 864 to award support. 

 

The issue here is the 864 is not valid but he has to prove its not valid to the Judge and even once he does prove that he still has to convince the Judge to not consider it. It is possible for the Judge to acknowledge that the 864 is not valid with USCIS anymore BUT to also rule that by him signing it he did 'agree' to provide her and her child with a min financial support. When courts divide equitably it means fair not equal. So the Judge may consider him paying support is fair based on the circumstances.