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Filed: K-1 Visa Country: Kazakhstan
Timeline
Posted

Good day everyone. 

 

My foreign wife left the country after wanting to get a divorce and not liking the USA that much. She left the country few months ago with an advance parole while her adjustment of status was in progress.

I thought USCIS would notify about the interview and since we were no longer together I thought it'll resolve itself- she wouldn't get a green card. I hired a lawyer and filed for divorce.  However her adjustment of status was approved without an interview while she was out of the country. Once she found out her card was approved she came back running to US. Her tone changed and all of a sudden she wants to live in US and her family in a rush to find her another husband. 

Initially I didn't care since all I wanted to just get a peaceful mutually agreed divorce and sent her papers to sign. But she doesn't want to get a mutually agreed divorce and wants to sue me for her lost years and other BS. She and her family seems to be not so nice people that likes to sue people with false accusations and made up stories. Unfortunately I found out too late. 

 

Anyway, the question is- Can I cancel her green card and pull my sponsorship? If we look at the facts, she stayed in the relationship until her advance parole papers came and left the country. I feel taken advantage of for green card and money (big wedding, multiple vacations, new car, other misc stuff totaling 100K)

 

Posted (edited)

No you cannot cancel it.

Nor can you cancel your I864.

 

You can report fraud to USCIS however you'd be reporting yourself as a fraud too.

Edited by K1visaHopeful
Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
38 minutes ago, Iwisheveryoneluck said:

Can I cancel her green card and pull my sponsorship?

No.  You could have pulled your I-864 any time prior to the approval of the I-485.  Now, your only recourse is refusal to file a joint I-751. Her immigration path will be up to her.  As stated by @K1visaHopeful, your I-864 is still in effect.  It will be in effect until any of the following:

1.  She becomes a US citizen or;

2. She leaves the US and loses LPR status or;

3. She has obtained 40 quarters of work credit or;

4.  Death

Edited by Crazy Cat

"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: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
43 minutes ago, Iwisheveryoneluck said:

I feel taken advantage of for green card and money (big wedding, multiple vacations, new car, other misc stuff totaling 100K)

Nothing you posted suggests fraud on her part.  Marriages sometime fail.  Good luck.  I hope you can find peace and happiness for yourself.

Edited by Crazy Cat

"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: Citizen (apr) Country: Iran
Timeline
Posted

Sounds like you were only married a year or less. Usually in marriages this short the parties just walk away with what they brought into the marriage. She made the decision to move to the US so she is responsible for whatever she is claiming she lost by moving here.

Filed: K-1 Visa Country: Wales
Timeline
Posted

She could certainly used the I 864 is the divorce proceedings, seen that.

 

Obviously you need a good Divorce Lawyer.

“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: K-1 Visa Country: Kazakhstan
Timeline
Posted
7 hours ago, Crazy Cat said:

No.  You could have pulled your I-864 any time prior to the approval of the I-485.  Now, your only recourse is refusal to file a joint I-751. Her immigration path will be up to her.  As stated by @K1visaHopeful, your I-864 is still in effect.  It will be in effect until any of the following:

1.  She becomes a US citizen or;

2. She leaves the US and loses LPR status or;

3. She has obtained 40 quarters of work credit or;

4.  Death

 

Oh I see. Hopefully she gets her USC or leaves the US for good. 

 

 

4 hours ago, Boiler said:

She could certainly used the I 864 is the divorce proceedings, seen that.

 

Obviously you need a good Divorce Lawyer.

 

What do you mean by that? 

 

Filed: Citizen (apr) Country: Russia
Timeline
Posted
10 hours ago, Iwisheveryoneluck said:

 

Oh I see. Hopefully she gets her USC or leaves the US for good. 

 

 

 

What do you mean by that? 

 

We have seen stories of divorce lawyers using the presence of an I864 as leverage to get a spousal support agreement in the divorce settlement.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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

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