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

[dwheels76 5,468]

1 hour ago, x3n said:

 

The Case Status web page still says "Interview Scheduled" rather than "Petition Denied", so there is no indication that my request to withdraw the I-864 has been granted. That is why I feel like withdrawing the I-485 could be important. 

 

There is no USCIS update of petition denied. If withdrawn the status will remain as it is. So you are looking for something that isn't going to show you what you want.

[R. Wolfe 24]

On 11/16/2021 at 5:26 PM, dwheels76 said:

There is no USCIS update of petition denied. If withdrawn the status will remain as it is. So you are looking for something that isn't going to show you what you want.

Ok, good to know - though you'd think they'd let us know if the interview were cancelled.

[R. Wolfe 24]

Just to update. Our AoS interview was yesterday. I went by myself to make sure they had everything and it went pretty well. Only took a few minutes. They had the request to withdraw the I-864 that I had sent in October, and the request to cancel the I-485 that my wife had sent in November so they said they would mark the adjustment as denied based on that and would let my wife know (assuming she updates her address with them).

 

Feels pretty good to be off the hook financially. Now I just need to get this divorce taken care of....

 

I am curious, however, what is supposed to happen next regarding my wife? She's living with someone else and I think she's planning to get married and do the greencard thing that way. Is that a possibility without her having to go back to Thailand first?

 

Does she have other options to stay now that AoS has been denied and the Affidavit of Support withdrawn? I assume she could still file a VAWA thing. What about a divorce waiver? I'm not very familiar with how things work from her side of things (since it's not my concern any more). I'm mainly curious as to whether she is supposed to leave the country or not as paying for her return trip home (if any) is part of our divorce agreement - but I doubt she'll go voluntarily.

 

[Boiler 45,368]

VAWA seems the logical option if she wished to avoid going home, otherwise the I 130 and maybe a I 601A

 

Divorce waiver is for removing conditions.

[R. Wolfe 24]

 

Thanks for mentioning the I-601A. That's the first I've heard of that option. I feel really dumb for thinking that if our marriage didn't work out then she'd have to leave the country. Turns out there are many, many, ways to stay indefinitely. Her sudden personality shift once she set foot on American soil makes so much more sense now.

 

The USCIS folks said they were going to send her some information now that her adjustment of status had been denied. Would that typically be the Notice to Appear to start removal proceedings?

[Boiler 45,368]

4 minutes ago, x3n said:

 

Thanks for mentioning the I-601A. That's the first I've heard of that option. I feel really dumb for thinking that if our marriage didn't work out then she'd have to leave the country. Turns out there are many, many, ways to stay indefinitely. Her sudden personality shift once she set foot on American soil makes so much more sense now.

 

The USCIS folks said they were going to send her some information now that her adjustment of status had been denied. Would that typically be the Notice to Appear to start removal proceedings?

You may not have been aware, she probably is, lots of self help groups out there. I doubt you will ever know what her plan was, likely to be speculation.

 

I would imagine they will tell her that her application to adjust status is void as will her EAD and AP.

 

I do not believe it is current Government policy to actively seek to remove overstayers. Do they know where she is?

 

 

[R. Wolfe 24]

I doubt that she has informed them of her new address.  Ah well, not my problem any more.

I suppose it will save me the cost of a plane ticket if she does stay - by whatever means.

[Boiler 45,368]

Do you not have the divorce to finalise?

[R. Wolfe 24]

Yeah. I'll be glad to have only that to worry about.

 

[Meilyn22 15]

On 12/4/2021 at 10:58 AM, x3n said:

Just to update. Our AoS interview was yesterday. I went by myself to make sure they had everything and it went pretty well. Only took a few minutes. They had the request to withdraw the I-864 that I had sent in October, and the request to cancel the I-485 that my wife had sent in November so they said they would mark the adjustment as denied based on that and would let my wife know (assuming she updates her address with them).

 

Feels pretty good to be off the hook financially. Now I just need to get this divorce taken care of....

 

I am curious, however, what is supposed to happen next regarding my wife? She's living with someone else and I think she's planning to get married and do the greencard thing that way. Is that a possibility without her having to go back to Thailand first?

 

Does she have other options to stay now that AoS has been denied and the Affidavit of Support withdrawn? I assume she could still file a VAWA thing. What about a divorce waiver? I'm not very familiar with how things work from her side of things (since it's not my concern any more). I'm mainly curious as to whether she is supposed to leave the country or not as paying for her return trip home (if any) is part of our divorce agreement - but I doubt she'll go voluntarily.

 

Ohh boy! You finally got the green card terminated. The least you should do is leave her alone to do whatever she pleases as long as it doesn't infringe on your rights or bother you in anyway. You already reported her to ICE (even when you said you didn't want to do anything to harm her or something like that). Get your divorce. Whether she gets VAWA or she goes home shouldn't be your concern (like you said). I am saying this because we don't know her side of the story. You have every right to get a divorce, cancel your green card petition and be sad that it didn't work out. But it would be best if you left her alone. We've no idea if she has evidence for VAWA. In your first thread you said it was fine at the beginning, then you said she got into the marriage for green card. You reported her to ICE even when it had nothing to do with the green card issue. You want her deported so she can get a 10 year ban and never have a chance with the new man she's with. I sympathize with you, but things sound vindictive at this point.