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Filed: K-1 Visa Country: Wales
Timeline
Posted
4 minutes ago, OllieJ said:

She works at a large financial services firm. I don't believe it would be cap-exempt for the H1B process. Almost certain that it would go into the lottery since this is a corporation unless there are some loopholes.

 

Thanks, appreciate it. You're right, it's not my problem.

So what is the point of premium processing? Next application is 1st April for 1st October start in 2020. And it is a lottery.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: F-2A Visa Country: Nepal
Timeline
Posted

There are usually two sides in a story but assuming your story is the correct one, If the date of the interview occurs before USCIS acknowledges your withdrawal, you can go with her for the interview and show them your withdrawal request sent to them and any conversation regarding divorce.

 

Make sure you don’t put yourself in issues like this one below.

 

https://www.google.com/amp/s/www.dailymail.co.uk/news/article-6454419/amp/Newlywed-accused-framing-husband-assault-punching-calls-deportation.html

 

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

  • 2 weeks later...
Posted

Hi Everyone,

 

Here's some context and an update from my last post:

My wife and I have been together for 5 years (4 years dating throughout college and 1 year of marriage throughout grad school). We married last year before beginning graduate school and she began working with her EAD work authorization several months ago. Our relationship quickly took a downward turn approximately around the time she began working and she grew increasingly distant and cold with me. I decided to visit family for a few weeks and during this time she ended out marriage over the phone (unreal) and told me to not come back home. I was blindsided and had to decline the job I was about to begin because she would not let me return home. She said she no longer loved me, will never love me, needed to focus on herself, and focus on her career, etc. She told me she wanted a divorce and to withdraw the immigration documents as she believed she would have her EAD free and clear for a couple years. She had her lawyer create the withdrawal letter for the I-130 and she sent it to me to send. I hesitantly did it. This is where it gets interesting. The next day she speaks once more with the lawyer and he says that if she withdraws her I-485 or if I withdraw my I-864, this will likely result in a denied I-485 within a couple weeks and she would not have enough time to apply for a H1-B before her EAD is void with the denied I-485. Once she discovered this, she called me and said she still loved me, wanted us to try to be together again, she misses me, that withdrawing the I-130 was a mistake, etc. This was clearly manipulative and I told her so. Despite feeling used by this, I told her I won't withdraw my I-864 for a month. Here's the kicker: USCIS denied her I-485 within 3 business days of receiving the I-130 withdraw. She hasn't checked the USCIS case status and is on a business trip for several weeks so she doesn't know about her denied I-485 yet. It's been over a week since the I-485 has been denied.

 

Since I knew that she may not be in the country much longer, I got a flight the next day to back to get into our apartment in order to retrieve my belongings and car while she's away on her business trip. I get to the apartment to discover that she changed the locks. She tells me that I am not going into the apartment and that she refuses to allow me to enter it. This raised a lot of suspicion that she was hiding something. After hours of back and forth, I finally convince her to let one of her friends bring a spare key over. I get into the apartment and in the bathroom trash I immediately see a used condom and pregnancy test. I look in the bedroom and the only thing on the bed was her thong. Disgusted, I quickly packed my belongings and left.

 

As she wanted us to file for divorce for weeks (interestingly, she changed her mind and told me she wanted to remain married for another year the day before I discovered the infidelity), the papers were ready. I filed the papers the next day after discovering what she had done. 

 

The Question:

I already filed the I-130 before I discovered her cheating and therefore the reason for the withdrawal wasn't listed as adultery. Although her I-485 is already denied, should I still withdraw the I-864 and list the reason for withdrawal as adultery? I plan on also notifying USCIS of the divorce - should I include a note about adultery on this letter? USCIS states that adultery is a breach of Good Moral Character. I would like USCIS to be informed that this woman does not have Good Moral Character. What would be the best route for informing them about the adultery? Do I need to provide evidence? I have pictures of the used condom, pregnancy test, my flights (confirming I was not in the home for over a month) and I am receiving video tapes from our buildings security shortly to show her with the other man entering our apartment. I have not yet confronted her about this and have not told her about the denied I-485 so I want to proceed carefully in this situation. Does anyone have advice on the best route to notify USCIS of adultery in this situation?

 

Thanks

 

TL:DR - Wife cheated on me, how do I report adultery to USCIS as this is a breach of USCIS' proof of Good Moral Character for an immigrant?

 

Filed: AOS (apr) Country: Canada
Timeline
Posted

file for divorce and withdraw your affidavit of support.

 

uscis will not care about the affair.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted

I agree with @debbiedoo .  File for divorce, protect yourself legally, and let go....what SHE does is her concern now.......and seek happiness for yourself.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: F-2A Visa Country: Nepal
Timeline
Posted (edited)
31 minutes ago, OllieJ said:

I have pictures of the used condom, pregnancy test, my flights (confirming I was not in the home for over a month) and I am receiving video tapes from our buildings security shortly to show her with the other man entering our apartment.

None of these prove she committed adultery. You know she committed adultery so why bother.

 

 

Quote

 

I have not yet confronted her about this

You have already withdrawn the petition and is now going for divorce, why to confront? For what?

 

 

Quote

 

and have not told her about the denied I-485 so I want to proceed carefully in this situation. Does anyone have advice on the best route to notify USCIS of adultery in this situation?

Apart from telling her about i485 denial as a sweet revenge, other actions are fruitless and USCIS doesn’t care. They have already denied her AOS. They may have sent her an NTA as well to appear before an IJ as a part of removal proceedings. What else you want them to do? Have their staff stand in front of her apartment/house with the “Adultery” pamphlet/posters?

 

You have been well suggested in your previous post to move on.

 

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Posted
23 minutes ago, OllieJ said:

What would be the best route for informing them about the adultery?

They don't give a rat-behind about the adultery. It is not a crime. Two consenting adults having sex (inside or outside of marriage) is legal. It may sound cold but you need to just file for divorce, withdraw the I-864 (I don't even think it's necessary as the I-485 is already denied, but just send a letter, cost nothing). 

 

27 minutes ago, OllieJ said:

Do I need to provide evidence? I have pictures of the used condom, pregnancy test, my flights (confirming I was not in the home for over a month) and I am receiving video tapes from our buildings security shortly to show her with the other man entering our apartment

That's disgusting. I would just forget about all of that, and try to move on as best as you can. It will be better for you physically, emotionally, spiritually, ... Get your own apartment, joint a gym and start a new life. Tomorrow will be better than today. Do not hang on to this stuff, or let this stuff hang over you.

 

29 minutes ago, OllieJ said:

I have not yet confronted her about this and have not told her about the denied I-485 so I want to proceed carefully in this situation

You don't need to, you don''t have too. It is her problem now. 

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)
34 minutes ago, OllieJ said:

if I withdraw my I-864, this will likely result in a denied I-485 within a couple weeks and she would not have enough time to apply for a H1-B before her EAD is void with the denied I-485. Once she discovered this, she called me and said she still loved me, wanted us to try to be together again, she misses me, that withdrawing the I-130 was a mistake, etc. This was clearly manipulative and I told her so.

Good on you to recognize that.

 

34 minutes ago, OllieJ said:

Although her I-485 is already denied, should I still withdraw the I-864 and list the reason for withdrawal as adultery? I plan on also notifying USCIS of the divorce - should I include a note about adultery on this letter? USCIS states that adultery is a breach of Good Moral Character. I would like USCIS to be informed that this woman does not have Good Moral Character. What would be the best route for informing them about the adultery? Do I need to provide evidence?

USCIS won't care why the marriage broke down.

 

The AOS has already been denied.  Nothing more for you to do immigration-wise at this point.

 

(this doesn't prevent her from trying to get another visa/being approved for another visa to the US in the future, if that's what you were hoping by "reporting the adultery".)

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Filed: F-2A Visa Country: Nepal
Timeline
Posted
35 minutes ago, OllieJ said:

 

TL:DR - Wife cheated on me, how do I report adultery to USCIS as this is a breach of USCIS' proof of Good Moral Character for an immigrant?

 

If you are so into it, just a proof of why USCIS doesn’t give a damn.

Who appoints the Director of USCIS? - President of the US.

How many presidents of the US are alleged to have committed adultery? - Many, including the current president. 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)
46 minutes ago, OllieJ said:

I get to the apartment to discover that she changed the locks. She tells me that I am not going into the apartment and that she refuses to allow me to enter it. This raised a lot of suspicion that she was hiding something. After hours of back and forth, I finally convince her to let one of her friends bring a spare key over.

Just one other note on the above...

 

Depending on the State---She cannot just change the locks and refuse you entry into the marital home (well, unless she had some sort of protective order against you).  You have the option, if you need to return again to retrieve personal belongings when she is there, of having the police accompany you and gain entry that way.

 

On a personal note---since she seems a bit manipulative, I would advise you not to be physically alone with her at any time in case she tries a false abuse charge against you.  If you need to meet her, meet in a public place with at least 1 witness present.  If you need to return to the home while she is there, do so with a police escort.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

  • Ontarkie changed the title to Will my ex-wife be working illegally following our marriage petition withdrawal? (merged)
Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~related thread merged. Please do not start more than one thread for this topic.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: K-1 Visa Country: Wales
Timeline
Posted
2 minutes ago, Villanelle said:

Please take what Goingthrough posted seriously. If remaining in the US is her priority and she already demonstrated she is willing to bend things in life to get the immigration benefits she desires - there is no reason to believe she will not discover VAWA allows her to get status with out your help and set you up for a false DV claim in order to qualify. Stay away from her! Only meet in public places or when others are present as witnesses. Do not allow her to set you up for a false claim of abuse. Being arrested for that can ruin your life. 

This.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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