abandoned 485 processing time

[tringuyen 11]

Hi,

I sponsored my wife (soon to be exwife) here on the fiancé visa. In short, I got scammed by her and her parents. After about 120 days (beyond the 90 day restriction for fiancé visas), we married and we filed her 485 about 6 months after her entry into the U.S.

Now it's not working out and I am divorcing her. She went after me and took whatever money she could in court.

She missed all the biometrics and a recent rfe. It's been about 100 days since the rfe was sent out.

I have written letters to the local uscis office as well as the Missouri office (national benefits center) to indicate marriage fraud.

My question is when will her 485 be denied? Once denied, will she get a notice to appear letter, stating she has to leave the country in 30 days.

some dates for your context.

June 2012 - she arrives in the U.S. with our citizen son (now 18 months).

Sept 2012 - 90 days after her arrival in the U.S.

Oct 2012 - we marry

December 2012 - we file her 485

Feb 2013 to July 2013 - some missed biometrics appointments (abandoned 485)

Feb 2013 - I file for divorce

April 2013 - rfe sent out from uscis

August 2013 - 100 days after rfe sent out

Thanks,

Tri

[Darnell 8,478]

1. there is no basis for filing an adjustment of status, you two not marry within the window. People add in the I-130 when they miss the window, when trying to adjust from a K-1 visa.

2. to cover your backside, withdraw the I-864, affadavit of support.

[tringuyen 11]

I did write in letters to the national benefits center (Missouri location) to withdraw my affidavit of support. I also sent in letters to the local office and Missouri office claiming marriage fraud and a host of other things for them to deny the application. My question is when will it be denied and once denied, will uscis issue an nta?

[Pitaya 2,577]

~~Moved from Family-based AOS Process to Effects of Major Family Changes on Immigration Benefits Forum~~

[belinda63 3,038]

In these cases they usually send a letter stating the AOS has been denied and the person has, usually, 30 days to leave the country. Do they actually go looking for them to deport them....no.

[Brian1967## 119]

OP write a letter to withdraw your support and break contact with your soon to be ex her paperwork will be denied. Try to avoid contact in order to avoid a false DV claim. Try to move on

[tringuyen 11]

Thanks everyone for your comments. So we conclude most likely my ex's aos will be denied and she'll get a Notice To Appear letter to leave the country in 30 days. Question is when will she her aos be denied? After the denial, when do they send out the NTA? It's already been 100 days after the rfe, pass the 87 days they usually give.

[belinda63 3,038]

I have to ask why does it matter, she may receive a letter, it won't be a notice to appear, it will simply state she has to leave the country. If she scammed you I doubt she will leave the US. She will most likely continue to live here out of status as millions do. Immigration will make little to no effort to find her unless she commits a serious crime. She is out of your life so I suggest you just let it go and move on.

[doug/sherry 26]

You know your were married legally in the eyes of the state, and Immigration will determine if they

will deport her. if she gets an immigration attorney, they will figure away around it. I know a guy that

was married within in the 90 days, 5 weeks later his wife caused a ruckous in their car going down

the interstate and he had to call the police. It was all staged by here. When the police arrived,

she told the police that her husband was abusive (he never laid a hand on her) and she didn't want

to live with him anymore. So, the police took her and her son to a place to hide. She played it all

out because she knew exactly what she was doing. She had a court appointed attorney and

withing days she wanted all her personal possessions. Her husband was devistated but took her

stuff to her regardless. After that he never heard from her again, he had immediatley got his own

attorney, and filed for a divorce. The problem was, is that he couldnt find her until 9 months later

he received a phone call from a friend of hers where she indicated that she can understand why

he was divorcing her because she was messing around with her boyfriend. She told him where she

was working and living. The next day the husband served her divorce papers. Three days later

she had served him with a protection order indicating that she was just afraid of him. Two days later

her attorney made her drop the protection order because is was baseless. Within the first week of

her departure she already had three attorneys, had filed paper work with USCIS trying to get

citizenship based on violence. USCIS had deined her requests and appeals three times.

Eventually she had used the Violence against womens act to get full citizens ship. Now, The I-134 is

a non enforceable document, in court its worthless. The I-864 is only if AOS is granted. The best way to

stop the I-485 processing is to cancel the checks, or void the payment. Once that happens its

dad in the water. Also, a certified letter to USCIS withdrawing AOS must be done. They probably

wont even answer you. But, send it certified with a return reciept. She, will try to get every penny she

can from you in court. Just get a good attorney and divorce her as fast as you can.... Good Luck...

Edited August 9, 2013 by doug/sherry

[tringuyen 11]

I wish she was out of my life but she's coming after me for child and spousal support. With the 864 signed, she may come after me for 10 years of spousal. To add insult to injury, she's sending that money back home to her parents who already stole money from me. I hung in their because of our child but can no longer do it. I don't want her to use our child and myself for immigration benefits and money.

[Darnell 8,478]

The I-864 is not 'in force' as the green card has not been granted.

Rework that plan, nowish.

[tringuyen 11]

although rules on the uscis website says 864 doesn't commence until green card is issued, an immigration attorney told me 864 commences once it's signed.

[Darnell 8,478]

and that fella would be wrong.

[belinda63 3,038]

First, listen to Darnell and write a letter withdrawing the I-864. If her green card has not been issued, which it sounds like it has not, you can do this. Do it today, in writing, send it to the address for the RFE and also make an info pass at your local office and hand it to them. The I-864 is a contract between you and the government and could be successfully used in FEDERAL court, not your divorce court, to obtain support. This is why you need to, in writing, withdraw the I-864. Also if her AOS was denied the I-864 goes out with it. But to be sure write a letter and withdraw the I-864.

Second, it sounds like your divorce case is ongoing. Your attorney needs to make it clear that the spouse is here out of status and has no way to obtain legal status (except VAWA) without leaving the country. Therefore she is placing the child in danger by her being subject to detention and deportation at any time. She will never be able to legally work in the US unless she leaves and obtains another path to immigrate (or VAWA). Make sure the court is aware you are being ordered to provide support for a person who will never legally be able to obtain work and that is violating US law.

You haven't said anything about your desires toward the child, this needs to be addressed.

VAWA is the violence against women act. She could obtain a green card by filing under this provision claiming you abused her. This is why you are advised to NEVER, ever, never be alone with her. Don't call her, don't see her without a witness, don't write to her, nothing. Anything you do or even don't do could be used by her to claim domestic violence.

The main point is, although it appears her AOS has been denied, don't expect anyone to come pick her up and ship her out of the country. There are millions of people living in the US without status and she will become just one more of them. You can't prove her AOS has been denied but you can have the court ask her to produce proof of her immigration status i.e. green card and if she can't well.....that will be up to the court.

[tringuyen 11]

HI All,

Thanks for your comments. I've done all the writing withdrawing the 864, stating marriage fraud, etc...pretty much whatever I can say to get her 485 denied. I wrote to the local office and the Missouri office where the file is currently at.

I know about vawa so my contact with her is minimal, as it only pertains to our son (joint 50/50 custody). She's got the women's shelter folks behind her so they'll pull any trick to kill the man. She actually commited domestic violence against me when she slapped me. I called the police on her and got a police report. Should've thrown her in jail that night.

Anyways, ideally, both parents can be involved in my child's life but she's becoming a real pain in the @$$. She's used our son to come to America and now using his money (child support) to live and not even work. I told her go back to her country and we can raise our son back there. She refuses and wants that American dream.

Family issues are separate from immigration issues so eventhough she can't drive or work legally, her rights as a mom are protected in family court.

It's been a nightmare the last 2-3 years. I kept trying, giving her chances, hanging in there for our son. But I see myself as a victim of marriage fraud.

When her aos is denied, I plan to report her to various authorities, perhaps anonymously, on a regular basis. I figure she would freak out and go in hiding once she receives the nta.

I'm wondering how long it takes to deny an abandoned 485.

thanks all.