how can I cancel my petition

[Christy&J 837]

Just wondering, if OP annull their marriage, will it make it be more advantage for OP than divorce ? 🤔 anything VJ gurus ?

[Boiler 45,532]

Something to discuss with their Divorce Lawyer, not an Immigration factor, usually divorce is quicker and easier. Very much fact specific dependent.

[African Zealot 1,455]

15 hours ago, uwreckm3 said:

My husband is already in the US how can I cancel my petition If I havent filed the Adjustment of status after marriage? I really felt he just used me for the papers thats why he was rushing me to file the adjustment of status and last week i found out his cheating with a friend you might think i'm selfish but I want him removed I did everything to bring him here and he really did that I want him removed from the US can you give me advice if i still have a chance to withdraw and he gets deported?

That is the way the cookie crumbles unfortunately. The immigrant is removed like cargo from the hold of a plane. Removed!

[mushroomspore 3,044]

16 hours ago, uwreckm3 said:

My husband is already in the US how can I cancel my petition If I havent filed the Adjustment of status after marriage? I really felt he just used me for the papers thats why he was rushing me to file the adjustment of status and last week i found out his cheating with a friend you might think i'm selfish but I want him removed I did everything to bring him here and he really did that I want him removed from the US can you give me advice if i still have a chance to withdraw and he gets deported?

Well citizens can't demand the removal of non-citizens. Divorce is the only "removal" you can do. Deportation is the decision of the agency. I don't consider you selfish; your anger is understandable. If anything, he is the selfish one since he cheated. But legally, your only option is to file divorce and to NOT file AoS for him. Without the AoS papers (which require your signature), he has no legal grounds to be in the US because his K1 is expired. They are unlikely to come after him though because expired K1 visa holders are not their priority group for deportation. However he WILL get into trouble if he is caught still living here. Just get the divorce finalized and make him go through your lawyer for any "discussions". Don't talk to him directly.

[NYCruiser 423]

16 hours ago, uwreckm3 said:

yes he came with a K1 visa  I haven't filed the adjustment of status yet what should be the first thing i should do before sending my divorce paper?

I am sorry to hear this. You need to do nothing. God forbid, do not sign the Affivdavit of support of the I-485 either. Move out if possible or have him move out. Don't be alone with him either. 

 

Remember, he is cheating NOW...imagine what he will do after the he gets the visa

[Crazy Cat 41,888]

17 hours ago, uwreckm3 said:

My husband is already in the US how can I cancel my petition If I havent filed the Adjustment of status after marriage? I really felt he just used me for the papers thats why he was rushing me to file the adjustment of status and last week i found out his cheating with a friend you might think i'm selfish but I want him removed I did everything to bring him here and he really did that I want him removed from the US can you give me advice if i still have a chance to withdraw and he gets deported?

1.  Protect yourself physically and legally through an attorney.

2.  File for divorce.

3.  Move on & seek happiness for yourself

 

Unless he makes a VAWA claim, his legal immigration path has ended.  He must adjust status through you.

[Boiler 45,532]

He does have options, well some are maybe and depend on circumstances, so this is more a general comment.

 

VAWA as mentioned above is perhaps the most obvious.

 

Marry a USC and assuming a bar has been incurred file I 601A and then I 130 etc, has the advantage of a quick trip home and entering with a GC.

 

Asylum, obvious very individual specific.

 

Bearing in mind the election is in November and the Dems are likely to win it and are committed to a Pathway to Citizenship for those out of status that may be something to be considered. Normally I would discount that but the Bookies seem to think a clean sweep could be possible.

 

Remain here out of status.

 

There maybe other options that are not coming to mind

 

[retheem 566]

19 hours ago, uwreckm3 said:

My husband is already in the US how can I cancel my petition If I havent filed the Adjustment of status after marriage? I really felt he just used me for the papers thats why he was rushing me to file the adjustment of status and last week i found out his cheating with a friend you might think i'm selfish but I want him removed I did everything to bring him here and he really did that I want him removed from the US can you give me advice if i still have a chance to withdraw and he gets deported?

Divorce and move out. His petition will be denied. And he will have 33 days to leave the US. Just for good measure, if you have solid proof, you can report to USCIS and it will be on his file. And never be with him while alone. he may claim VAWA.

[HRQX 4,145]

1 hour ago, Boiler said:

There maybe other options that are not coming to mind

California, like any other place, has violent crime. If he becomes a victim of such crime and cooperates with law enforcement he can join the very long line for U nonimmigrant status.

Qualifying Criminal Activities

• Abduction
• Abusive Sexual Contact
• Blackmail
• Domestic Violence
• Extortion
• False Imprisonment
• Female Genital Mutilation
• Felonious Assault
• Fraud in Foreign Labor Contracting
• Hostage
• Incest
• Involuntary Servitude
• Kidnapping
• Manslaughter
• Murder
• Obstruction of Justice
• Peonage
• Perjury
• Prostitution
• Rape
• Sexual Assault
• Sexual Exploitation
• Slave Trade
• Stalking
• Torture
• Trafficking
• Witness Tampering
• Unlawful Criminal Restraint
• Other Related Crimes*†

*Includes any similar activity where the elements of the crime are substantially similar.

†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

[Boiler 45,532]

51 minutes ago, HRQX said:

California, like any other place, has violent crime. If he becomes a victim of such crime and cooperates with law enforcement he can join the very long line for U nonimmigrant status.

Qualifying Criminal Activities

• Abduction
• Abusive Sexual Contact
• Blackmail
• Domestic Violence
• Extortion
• False Imprisonment
• Female Genital Mutilation
• Felonious Assault
• Fraud in Foreign Labor Contracting
• Hostage
• Incest
• Involuntary Servitude
• Kidnapping
• Manslaughter
• Murder
• Obstruction of Justice
• Peonage
• Perjury
• Prostitution
• Rape
• Sexual Assault
• Sexual Exploitation
• Slave Trade
• Stalking
• Torture
• Trafficking
• Witness Tampering
• Unlawful Criminal Restraint
• Other Related Crimes*†

*Includes any similar activity where the elements of the crime are substantially similar.

†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

Ahh an obvious one thanks. And in California they I think have a law requiring Law Enforcement to help in the process.

Edited July 31, 2020 by Boiler

[JFH 12,190]

Since he cannot even get an EAD (work authorization) until the AOS package has been filed, his days here are either going to be numbered and he will realize he has to leave or he is destined to a life of being illegal here and constantly looking over his shoulder or hoping he is sufficiently under the radar. Although K-1 overstays are not high on the list of priorities for ICE to remove, by default someone in his situation may find himself moving up the list of priorities by engaging in illegal work, etc in order to support himself here. 
 

There is always the chance he could file a VAWA case in order to stay. How successful that will be is unknown.  

Edited July 31, 2020 by JFH

[dwheels76 5,468]

Sorry this is happening and you have to make this hard choice. I just pray he doesn't have access to your financials and has your tax returns or tax transcripts to file the I-864. You may think he can;t fie without you but many have filed unbeknownst to the spouse because they had access to all the records,.
Like is he on the lease, car loan, car insurance, joint bank accounts. Think of everything you were going to use to show co-mingling of your life and remove quickly now. Freeze your credit reports, seek a lawyer get a divorce alert USCIS Now you are filing for divorce and will send in final decree. It will be their decision whether to put him in deportation proceedings.
But I would move fast cuz trust me he can scream neglect and abuse and you wouldn't file for him to work and you threw him out.

 

Protect yourself and your record and reputation now. I have seen this story too many times.

[Ban Hammer 13,347]

one post removed for politicizing a topic.

stick to offering constructive advice to the op - do not post political commentary in this forum

 

charles

vj moderation

[Diane and Chris 651]

5 hours ago, Boiler said:

Bearing in mind the election is in November and the Dems are likely to win it

😂 

 

To the OP:  I’m sorry you have to go through this. Try to move on and file for divorce. It’s not clear, but did you file AOS paperwork already?  

Edited July 31, 2020 by Diane and Chris
Finish response

[JaEnglishGirl 34]

Be VERY careful. Do not send him ANY texts, ESPECIALLY those that could be seen as threatening or mention immigration status. Do NOT be alone with him. Evict him ASAP. Don't worry about where he goes, he can go with the woman he was cheating with. Or back to his country.