Effects of police report on pending AOS application (merged)

[Mike E 11,739]

8 minutes ago, Thesearethedays said:

I have decided to withdraw the Affidavit of Support for my wife. She's not willing to make any changes nor go to counseling or speak to a therapist about her behavior. We are still waiting for her green card. 

 

What exactly is the correct process? 

good choice.

 

Write to the address you sent I-485 and to the address on the I-485 receipt, with a copy of the I-129F and I-485 receipts and state that you are withdrawing I-864.

 

See also:

 

 

 

Edited April 17, 2023 by Mike E

[Boiler 45,443]

Congratulations

[Thesearethedays 6]

4 minutes ago, Mike E said:

good choice.

 

Write to address you sent I-485 with a copy of the I-129F and I-485 receipts and state that you are withdrawing I-864.

 

See also:

 

 

 

Thanks. 

 

What happens with her Son? Since they are on their own processes?  Can I revoke hers but not his? 

[Mike E 11,739]

12 minutes ago, Thesearethedays said:

Thanks. 

 

What happens with her Son? Since they are on their own processes?  Can I revoke hers but not his? 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-fiancee-of-us-citizen
 

• You have an immigrant visa immediately available to you at the time you file your Form I-485 and when USCIS makes a final decision on your application;

Note: An immigrant visa is always available to you if your parent marries your U.S. citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. After the marriage takes place, you are treated as an immediate relative;

 

edit: note https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter6.html contradicts the above

Edited April 17, 2023 by Mike E

[Thesearethedays 6]

2 minutes ago, Mike E said:

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-fiancee-of-us-citizen
 

• You have an immigrant visa immediately available to you at the time you file your Form I-485 and when USCIS makes a final decision on your application;

Note: An immigrant visa is always available to you if your parent marries your U.S. citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. After the marriage takes place, you are treated as an immediate relative;

And this is the case even if I have not adopted him legally? I guess she is still legally able to leave with him, but I hope she wouldn't. 

[Mike E 11,739]

4 minutes ago, Thesearethedays said:

And this is the case even if I have not adopted him legally? I guess she is still legally able to leave with him, but I hope she wouldn't. 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter6.html contradicts what I have quoted.

 

So: short answer: I have no idea. See what happens.

[JeanneAdil 6,489]

you were going to report her child abuse and domestic violence and said that is  arrest in Alaska (past post)

have they been out to look into the matter yet ?

Can u keep her child?   I doubt it but stranger things have happened 

 

if u don't follow thru with reporting her, she can file to  stay in US with a divorce waiver  depending on valid documents 

[Family 3,988]

15 minutes ago, Thesearethedays said:

And this is the case even if I have not adopted him legally? I guess she is still legally able to leave with him, but I hope she wouldn't

Send the I-864 withdrawal letter only for your wife. Do not write or include mention or withdrawal of the I-129 F or state anything about the child.

 

They will likely deny the child’s adjustment anyway…BUT after the dust settles ( Divorce if Final)..you CAN file an I-130 petition and even second I-485 in case he is still here. Your relationship as stepfather remains even after divorce..as long as u maintain it ( communication, informal emotional and financial support ).

 

 

[SalishSea 17,801]

19 minutes ago, Thesearethedays said:

And this is the case even if I have not adopted him legally? I guess she is still legally able to leave with him, but I hope she wouldn't. 

Of course she can.   “Step-parent” as a relationship is not the same legally as it is for USCIS.   

[Family 3,988]

5 minutes ago, JeanneAdil said:

she can file to  stay in US with a divorce waiver  depending on valid documents 

No divorce waiver here, since she has not adjusted yet.

[Ontarkie 14,215]

~~Related threads merged. Please stop making new threads for each and every question you have. It is easier for members to follow what you have going on when everything is in one place.~~

[Mike E 11,739]

24 minutes ago, JeanneAdil said:

  if u don't follow thru with reporting her, she can file to  stay in US with a divorce waiver  depending on valid documents 

 

18 minutes ago, Family said:

No divorce waiver here, since she has not adjusted yet.

Perhaps what is meant is that if I-864 is not withdrawn, and if she divorces, she can still adjust status.

[Family 3,988]

18 minutes ago, Family said:

24 minutes ago, JeanneAdil said:

she can file to  stay in US with a divorce waiver  depending on valid documents 

No divorce waiver here, since she has not adjusted yet.

I do agree with you that wife can choose to stay in the US. She can either pursue VAWA ( as she claims everything is OPs failing/fault) ..or take her chances on meet/love/marry another US Citizen and re-adjust without problems..

 

Tough to live under same roof while going through divorce..for all involved.

 

 

[Mike E 11,739]

5 minutes ago, Family said:

take her chances on meet/love/marry another US Citizen and re-adjust without problems..

I am pretty sure

 

* that re-adjusting with another U.S. citizen is not an option because she entered on a K-1

 

* once he withdraws I-864, her immigration journey on this K-1 visa is over. She will have to leave the U.S.  

Edited April 17, 2023 by Mike E

[Boiler 45,443]

2 minutes ago, Family said:

I do agree with you that wife can choose to stay in the US. She can either pursue VAWA ( as she claims everything is OPs failing/fault) ..or take her chances on meet/love/marry another US Citizen and re-adjust without problems..

 

Tough to live under same roof while going through divorce..for all involved.

 

 

Did she not come on a K1? VAWA would be better, otherwise she will need a 601a and consulate processing