Starting divorce before interview. What happens? [merged threads]

[SusieQQQ 11,586]

1 hour ago, x3n said:

Today (October 25th) our case status updated to say that our interview has been scheduled (with details to follow via mail). So, apparently, they have not yet processed the request to withdraw the I-864 Affidavit of Support  😕

 

I'm not sure what to do as my wife has abandoned the marriage, but I'm sure she received the same notice. Since people say they might grant the adjustment of status (and so activate the I-864) even if no one shows up, I guess I should go to the interview with another copy of the I-864 withdrawal request and also explain in person that we do not have a bona-fide marriage?

If she entered on k1, she cannot adjust other than through marriage to you. I would send a copy of the letter withdrawing the i864, to the contact details at the FO as listed on the interview letter (along with a copy of the interview letter so there is no doubt which case is referred to).
 

 

Edited October 25, 2021 by SusieQQQ

[R. Wolfe 25]

 

Thought I don't know for certain, my assumption is that she's pursuing the VAWA path to a greencard since that is her only option and it doesn't require that abuse actually occurred. 

 

I would think that process would also end the current AoS bid (and associated I-864), but I really don't know.

 

 

 

 

[R. Wolfe 25]

 

The field office received my request to withdraw the I-864 on October 10th. As of November 14th I have not yet received confirmation that the I-864 has been withdrawn and the Case Status web page shows "Interview Schedules". The AoS interview is scheduled for December 3rd.

 

I'm not sure what to do, but I think that will go to the interview (alone unless my wife shows up from wherever she is) and present another copy of the withdrawal request in person. That might also give me a chance to answer any questions and explain the situation. I feel like that is important as my wife is currently lining up a new fiancé and will no doubt be going through this same process again ASAP.

 

I'll also send another letter to the field office, but I don't expect any response from that.

 

 

[R. Wolfe 25]

Is there a practical difference between requesting to withdraw an I-485 (assuming the withdrawal is granted) as compared to it being denied (due to failed interview, for example)?

 

My assumption is that the it would be easier to do a new I-485 at some point in future in the former case as compared to the latter. But I've found that my assumptions in these matters are wrong as often as right, so I thought I would ask. 

 

[Boiler 45,476]

Not sure I have ever seen the situation arise.

[Crazy Cat 41,842]

50 minutes ago, x3n said:

Is there a practical difference between requesting to withdraw an I-485 (assuming the withdrawal is granted) as compared to it being denied (due to failed interview, for example)?

 

My assumption is that the it would be easier to do a new I-485 at some point in future in the former case as compared to the latter. But I've found that my assumptions in these matters are wrong as often as right, so I thought I would ask. 

 

Do you have a specific circumstance in mind?

[R. Wolfe 25]

The relationship between my wife and I has fallen apart prior to our AoS interview - so it seems clear that the interview will lead to a denial. I believe that my wife plans to return to her home country and start a new K-1 with the guy she's currently living with here in the US. I'm curious as to what difference it makes (for both her and me) if she requests to withdraw the I-485 as opposed to it dying "naturally" from the failed interview (assuming we don't show, or we show and explain we're getting divorced).

 

I'm assuming that she is supposed to leave the country either way - though I've also read that a filing a VAWA report, whether there was abuse or not, means she could stay (and, I assume, remarry without going through a new K-1).

 

I also realize now that I'm just assuming a failed marriage means the AoS interview will lead to denial. If that's not the case, then my request to withdraw the I-864 become much more important. I have so many questions and it's so difficult to figure these things out. 😕

 

[YYZ&MIA 117]

8 minutes ago, x3n said:

The relationship between my wife and I has fallen apart prior to our AoS interview - so it seems clear that the interview will lead to a denial. I believe that my wife plans to return to her home country and start a new K-1 with the guy she's currently living with here in the US. I'm curious as to what difference it makes (for both her and me) if she requests to withdraw the I-485 as opposed to it dying "naturally" from the failed interview (assuming we don't show, or we show and explain we're getting divorced).

 

I'm assuming that she is supposed to leave the country either way - though I've also read that a filing a VAWA report, whether there was abuse or not, means she could stay (and, I assume, remarry without going through a new K-1).

 

I also realize now that I'm just assuming a failed marriage means the AoS interview will lead to denial. If that's not the case, then my request to withdraw the I-864 become much more important. I have so many questions and it's so difficult to figure these things out. 😕

 

I am not sure, but from my understanding, even if the marriage has fallen apart, the AOS is approvable if you can show that you’ve entered the marriage in good faith. 

[Crazy Cat 41,842]

18 minutes ago, x3n said:

The relationship between my wife and I has fallen apart prior to our AoS interview - so it seems clear that the interview will lead to a denial. I believe that my wife plans to return to her home country and start a new K-1 with the guy she's currently living with here in the US. I'm curious as to what difference it makes (for both her and me) if she requests to withdraw the I-485 as opposed to it dying "naturally" from the failed interview (assuming we don't show, or we show and explain we're getting divorced).

 

I'm assuming that she is supposed to leave the country either way - though I've also read that a filing a VAWA report, whether there was abuse or not, means she could stay (and, I assume, remarry without going through a new K-1).

 

I also realize now that I'm just assuming a failed marriage means the AoS interview will lead to denial. If that's not the case, then my request to withdraw the I-864 become much more important. I have so many questions and it's so difficult to figure these things out. 😕

 

Have you submitted an I-864?  If so, you might want to consider withdrawing it....before the Green Card is approved.

 

9 minutes ago, YYZ&MIA said:

I am not sure, but from my understanding, even if the marriage has fallen apart, the AOS is approvable if you can show that you’ve entered the marriage in good faith. 

I am no expert, but I believe It isn't that simple for a K-1 entrant.  An applicant who entered via a K-1 has very limited options.....such as VAWA, I think.

Edited November 14, 2021 by Crazy Cat

[Boiler 45,476]

VAWA perhaps the most obvious

 

Otherwise Marry and go back for a CR1 interview 

 

I have seen both not sure which is more popular 

[Gee2021 44]

1 hour ago, x3n said:

 

The field office received my request to withdraw the I-864 on October 10th. As of November 14th I have not yet received confirmation that the I-864 has been withdrawn and the Case Status web page shows "Interview Schedules". The AoS interview is scheduled for December 3rd.

 

I'm not sure what to do, but I think that will go to the interview (alone unless my wife shows up from wherever she is) and present another copy of the withdrawal request in person. That might also give me a chance to answer any questions and explain the situation. I feel like that is important as my wife is currently lining up a new fiancé and will no doubt be going through this same process again ASAP.

 

I'll also send another letter to the field office, but I don't expect any response from that.

 

 

- I'm actually in the same situation as you. So the question really is, what are you trying to accomplish?

- Just like SusieQQQ mentioned, she cannot adjust her status other than through her marriage to the petitioner which I assume is you. 
- VAWA is so hard to get approved. There has to be an actual evidence of abuse, and proof of a bonafide marriage. Without these two things then she most likely won't get a VAWA petition approved. 
- I received the reply from the USCIS called the acknowledgment of withdrawal 1 year and 2months later after I submitted it. And that's pre-covid so I'm guessing you might have to wait longer to actually get the acknowledgment of withdrawal from the USCIS.

- In addition to withdrawal of I-485 adjustment of status, you might want to withdraw the I-864 which is the affidavit of support. This will cut your ties to her and you're no longer responsible for her. 
- She cannot apply for any other types of petition or visas so as long as she has pending immigration application. This will automatically disqualify her with any other benefit. 

[R. Wolfe 25]

20 minutes ago, YYZ&MIA said:

I am not sure, but from my understanding, even if the marriage has fallen apart, the AOS is approvable if you can show that you’ve entered the marriage in good faith. 

This is what has me worried. I've requested to withdraw the I-864 (that's a different thread elsewhere) but have no indication that this has happened, and the interview date is rapidly approaching. 

It's very clear to me that she did not enter the marriage in good faith but I don't know that I can prove anything. I've also read that USCIS will punish both parties even if only one was committing marriage fraud - so I'm hesitant to make a big deal about it. I don't really care what she does. I just don't want to suffer for her dishonesty (so I don' t want to be on the hook with an I-864, and I don't want my future K-1 prospects ruined by whatever shenanigan's she is up to now).

 

That's one reason I'm trying to figure out if I should help and encourage her to kill the I-485 before the interview. If that means less hassle (for either of us) later, then fine. But for all I know that could cause even worse problems.

[arken 4,197]

25 minutes ago, YYZ&MIA said:

I believe that my wife plans to return to her home country and start a new K-1 with the guy she's currently living with here in the US. I'm curious as to what difference it makes (for both her and me) if she requests to withdraw the I-485 as opposed to it dying "naturally" from the failed interview (assuming we don't show, or we show and explain we're getting divorced).

She could stay in the US, marry that guy and go through spousal petition thru him as well.
 

 

36 minutes ago, x3n said:

I have so many questions and it's so difficult to figure these things out.

 

If you are divorcing, withdraw i864, case closed. I485 will be denied once you withdraw i864. Why are you trying to figure out about something you don't need to care about.

[R. Wolfe 25]

19 minutes ago, Boiler said:

Marry and go back for a CR1 interview 

Oh right. I didn't think of the option of getting married while here, and THEN going home and doing a CR1 (instead of K1) visa. That's pretty low to come over here on a K1 visa with one guy and then use it to set up a CR1 with a different guy. I would hope (but not really expect) USCIS would frown on that sort of thing.

 

[Crazy Cat 41,842]

7 minutes ago, arken said:

She could stay in the US, marry that guy and go through spousal petition thru him as well.

Can she divorce the OP, marry the new guy, then Adjust Status through her new spouse?? (I know it would a lot different before marriage)

Edited November 14, 2021 by Crazy Cat