slowlyman

I was able to get 864 withdrawn before green card was adjudicated, so her asperations of going to federal court were sqashed. But, she still had a free lawyer for the divorce. They kept me busy going to court for nonsense.

That works well when both parties are paying for attorneys. There isn;t as much of an incentive to settle when her attorney fees are being paid by someone else. Which is what hapoened in my case.

Gotcha. In the case law I researched, The 864 was upheld 100% of the time. But the amount of compensation varied from judge to judge.

Additionally, the attorneys I vetted were looking for a &10,000 retainer to get started. So, it can get very expensive just to defend yourself. In my case, my wife had found an attorney willing to take the case on spec. So no cost to her. He would take the fee out of what ever was awarded.

Another factor. Divorce court is limited in it's reach. i.e. only assets aquired during the marriage. In federal court, everything is up from grabs. Home, business, investements, etc.

It can be financially ruining to the USC.

I what way?

As already mentioned. State divorce law and federal imigration law are completley seperate issues. If you decide to proceed, and later get divorced, you wil be subject to the terms of your pre-nup, or failing that the terms of your agreed settlement, failing that a contested judgement by the court. Consult with a divorce attorney for specic laws in you state.

On the federal side. Divorce does not remove your commitment under the affidavit of support. He can file in federal court for support up to 125% of poverty. Aprox. 19,000 / year. He has no obligation to seek employment. He can rely entirely on you for support. Additionally if he receives any means based state benefits. The state can come after you for reimbursement.

Once the green card is issued, he can adjust on his own. He is here to stay if he wishes. nothing you can do to effect that.

Same problem, Avast is blocking the entire site for a malicious script. Any ideas?

I don't either. But right now she has no status. Her coach must be telling her she will get a better settlement if she is legal.

Of course I'm guessing at her reasoning, but I don't see any other reason for her to delay the inevitable. State law is very clear in an 8 month marriage. I would just like to get it settled and get on with my life.

Well, she is contesting the divorce. Trying to slow it down as much as possible.

At the moment she has no immigration status, so her position is very weak with the divorce court.

I know she has filed VAWA and assume she is trying to drag out the final divorce until she has a GC.

She can probably appeal and object enough to get the final divorce hearing delayed until sometime next year.

So, it is a two step process? First get the VAWA approval, then apply for AOS?

Anybody have an idea how long it takes from filing the VAWA to getting the green card?

Kinda old news. If you want to catch up on what happened, you can look at my old threads.

I finally received confirmation my I-864 has been withdrawn and my soon to be x-wife's I-485 has been denied.

It was a long time coming, but now we can both get on with our lives.

Interestingly, I got the denial letter before my wife got her's. I firmly believe staying in contact with the Ombudsman & my Congressional aide was the reason I got notification first.

It's going to be an expensive puppy by the time he gets shipped over here and spends 30 days in lock up.

The next available infopass is on the 25th. The mail is my best option at the moment.

I did as Darnell suggested regarding the ILS human. The response was. "I'm sorry I can not help you any further with this issue, I suggest you review USCIS.gov website".

I did contact another Aide when the 129 process started. I will reach out to her on this.

Additionally, a new withdrawal letter included the language posted here went out to the Field office today.

The earliest Infopass I can get is the 26th. Guess I need to start a letter writing campaign.

I wonder how else I could get the language in front of the adjudicating officer.

sometimes newbies screw up.

i pray you got on this, this morning and the ILS human lobbed it over already.

The ILS human has said she has done all she can for me. She suggests I contact USCIS myself.

Adjusting officer is not aware of the law and intends to issue the green card, even though the I-864 has been withdrawn. The advice on attempting to get the actual law forwarded to the adjusting officer is about your only shot at getting this stopped. I would make sure you properly document all of this just in case at some point down the line they try to hold you to the terms of the I-864. The adjudicating officer not knowing his job, should not put a liability sitting on your lap, but you'll have to be prepared to fight for that if the need arrises.

This may be a redundant question, but how can the adjudication officer not be aware of the laws governing the file he is adjudicating? Wouldn't that be like a job requirement?

Anybody have a link to the actual language. I know it was in a post recently, but I can;t locate it at the moment.

ILS human?

If you have been keeping score, you know I withdrew my Affidavit of support before my wife's green card was issued. I have been trying to get a confirmation the 864 has indeed been withdrawn. Working through a congressional aide, I received this email today. What do you make of it? Thanks

I confirmed with the adjudicating officer that he has received Mr. Xxxxx’s request to withdraw his I-864. He was actually the person who called Mr. Xxxxx and spoke with him over the phone. The officer is reviewing the case and will let the applicant (the wife) know once there is a final decision. The officer is also researching whether or not the I-864 can be withdrawn and what, if any, effect that has on the I-485. This is a bit of unusual case since there is no pending underlying I-130 and the I-129F has already been approved and used. Furthermore, the beneficiary complied with the terms of the K-1 visa by marrying her petitioner within the 90 day period.

I'm on it. Thanks folks.

I attending an infopass to hand deliver a withdrawal letter and mailed a copy to the address on the NOA1. As well as the original lockbox.

I have been unable to find a status change at USCIS. I requested a congressional inquiry. The staffer reports no change in the 485 status. She also told me in these cases, the withdrawal request is rarely honored because the immigrant will most likely not return home.

Any ideas? Something more I should be doing?

Good information here folks. Thanks

So I see.

justintimewell, where is your girl from?

Karee, you forget to post the link.