Summons after Withdrawal of I-864 from district court

[rescuevj 0]

Marriage didn't work got seperated after 6 months of staying together and moved out of my house. I let my spouse stay at the house and payed all the utilties and gave 350$ each month for food and basics. I requested USCIS to withdraw my I864 and it was accepted. I get a summons from district court that my spouse wants spousal support based on the fact that I revoked green card and work permit.

They also included that I have to pay for spouses legal fees and living expenses.

Why is my spouse attornies coming so hard when I have been nice enough to let her stay in my house?

Please advice what arebthe legal ramnifications of withdrawing I-864? Is this considered ugly by local courts and cruel behavoir? I mean this is legal step given by USCIS to protect from a spouse whose goal is to marry for green card.

Edited February 13, 2013 by rescuevj

[Hypnos 6,576]

The I-864 cannot be withdrawn after the green card is issued.

You cannot "revoke" a green card, only USCIS can do that.

Edited February 13, 2013 by Hypnos

[Villanelle 4,122]

I dont really understand anything you posted.

It seems like you were served with divorce papers by your spouse who is seeking spousal support in the divorce. Its a common request for the unemployed spouse to make of the employed spouse but it doesnt mean that you have to agree to it, or that the court will grant it.

Youre also making odd statements like "I revoked my 864" which can only be revoked prior to the greencard being issued. You say you revoked the greencard and work permit. Thats impossible, someone would not have a greencard and work permit. If they had a greencard, like Hypnos said, you wouldnt be the one revoking it.

So for clarity, can you please expand your first post a bit- Does your spouse currently have a greencard? If not what kind of visa is she on? Did you file for AOS? What is the status? Or any other relevant information.

[Moomin 292]

You withdrew I864. Completely different than revoking greencard and EAD. You can't withdraw I864 AFTER the greencard has been issued. That's a decision USCIS makes. If you're seperated, it's your duty to inform USCIS of those changes, otherwise she's got a greencard based on material misrepresentation if you weren't together when a decision was made on her case. Offer your wife a plane ticket to home country. 6 months of being married.. I'd find it hard to believe she could even get anything out of that.

The affidavit of support is a contract between YOU and the government. Your wife has no basis to use a document that's not valid and has not even been valid. Different scenario if she had greencard in hand and you then divorced.

While there are a few cases of the I864 being enforced, they're after a greencard was actually issues and the I864 was in play.

[belinda63 3,038]

If your spouse never received her green card then she is in the country illegally. What she is entitled to in divorce court is not related at all to the I-864. They are claiming that because you withdrew the paperwork thus denying your spouse the ability to work that you are now responsible for her expenses. You need to hire an attorney to point out to the court that she is here out of status and needs to leave the country and go somewhere, possible to her native country, where she can legally work.

[rescuevj 0]

yes when I found she married me for green card, I wrote a letter asking USCIS that was processing my pending AOS case to withdraw my affidavit before the decision for AOS was made. USCUS did accept my withdrawal request becuase on I saw the status on the website change to withdrawal of I485.

But now she has hired a divorce attorney asking me to take care and pay lots of money to take care based on the allegation that I revoked her work permit and her process for green card.

I think it is clear that I withdraw my affidavit which USCIS allows before they make the decision for approval of AOS. There are lots of posts on Visa journey that talk about this topic.

[del-2-5-2014 1,339]

OP, fight this and fight it hard. Do not let this become a precedence. If you can afford an Attorney, get one.

[rescuevj 0]

Also wanted to add that my spouse came to this country on K1 visa and got married.

Edited February 13, 2013 by rescuevj

[Hypnos 6,576]

Your post was vague in details as to what you did and when you did it.

Now that you have stated that you withdrew your I-864 prior to your spouse's green card being issued, it does make a little more sense.

I would suggest you consult with a competent divorce attorney in your state.

Edited February 13, 2013 by Hypnos

[Jahwaree 83]

Dude if U withdrew and the proof is with USCIS she cannot ask for all that via a divorce atty, you get an atty let him argue the fact she

did a fraud marriage and you found out, and have the court direct her to her native land, dont let no divorce atty come to you with ####### that she

cannot work because you stopped the papers,

[Harpa Timsah 13,258]

This is divorce court- nothing to do with immigration or the I-864 or USCIS. Her lawyer is using that as a sort of "pain and suffering" story to get more money. You need a lawyer to fight ridiculous claims. You did the right thing. She should not be here and spousal payment for a short term marriage is silly.

Edited February 13, 2013 by Harpa Timsah

[rescuevj 0]

But from what I read in some of the posts on visa journey that Spouses have the full right to live in this country (even after the OP withdraws the I864) becuase they can try to file for VAWA which is their right and they are in status again till the decision is made.

I also want to make sure I don't act like a angry spouse who wants my spouse out of this country becuase it is there right to live in this country. I'm glad I found lot of information on Visa journey that gives tips to spouses on how to be safe and seek for divorce and not revenge by threatening their immigration issues.

I will sit with my attorney and see what options I have becuase I have been very kind in letting my spouse stay in my primary home (bought before marriage) for 7 months, plus pay maintnenace fees of 350$ per monty by check, and all utilties are payed on time.

Edited February 13, 2013 by rescuevj

[Harpa Timsah 13,258]

They can only file for VAWA if they were abused. Did you abuse your wife?

[rescuevj 0]

Nope no abuse, just usual arguments that I am not happy with my marriage. There was no violence or abuse. One time I did tell my spouse that I want to seek divorce and spouse called the police for advice of what to do if a spouse wants divorce.

The police officer just adviced the spouse to hire an attorney and seek council. there was no report or any summons.

Edited February 13, 2013 by rescuevj

[Harpa Timsah 13,258]

So she has no VAWA claim and she is here illegally. It is not her right to be here just because she wants to. This is not your problem, as you cannot do anything about it, but it seems that you should understand that. How long were you married, a few months?