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How do you withdraw Form I-864? Visa expired, wife ran away! Help

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How do you withdraw Form I-864? Visa expired, wife ran away! Help

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Old Sep 1st 2006, 1:16 pm
  #1  
Pink
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Default How do you withdraw Form I-864? Visa expired, wife ran away! Help

1) She came from Philippines on K-1 Visa (3//06)

2) We were married 2 weeks after her arrival (3//06)

3) Filled Adjustment of Status, Petition for Perm Residency (6//06)

4) She filed her marriage cert to wrong Philippine consulate, it was
return telling her to send it to proper office in DC (not NY) (6//06)
She has never done this.

5) USCIS said they recieved Application for AOS, they gave her date &
location to get Biometric fingerprints. We were unable to make that
date due to we had already planned move from VA to FL., so this was
never done either.

6) She "ran away" and I found her in homeless shelter (7/06)

7) Moved into new apartment, she has left again. I do not know where
she is. Her VISA expired last week.

8) I found that she has been recieving money from a married man in NY

9) She take temper tantrums, especially right before menstration,
screams a lot

10) She overdrew bank account prior to leaving

I CANNOT DEAL WITH THE SITUATION I AM IN. My family says she seemed so
sweet when they talked with her. Me too.

Assuming she is still in the States, she is illegal, right?

Q: Can I stop her from getting the bio metric fingerprinting done. (I
am assuming she is getting help somewhere)

Q: Can I withdraw my I-864, which would make the I-465 invalid?

Any suggestions?

Please. Respond with fixes, and sound proven advice.
 
Old Sep 1st 2006, 1:41 pm
  #2  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Any suggestions?

Divorce her.

Leave the immigration stuff alone and do nothing -- that's her problem, not yours.
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Old Sep 1st 2006, 2:11 pm
  #3  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Originally Posted by Pink
Q: Can I stop her from getting the bio metric fingerprinting done. (I am assuming she is getting help somewhere)
Q1 - No, you can not stop her from getting the biometrics done.


Q: Can I withdraw my I-864, which would make the I-465 invalid?
Q2 - Withdrawing the I-864 does not make the I-485 invalid... and I'm not sure you can withdraw it. *If* she successfully adjusts her status - and she may be able to do this without you - you might be her financial sponsor for many, many years to come. Divorce does not release you from your financial obligation.

Suggestions? Divorce her immediately and move on with your life. Any immigration issues are her problem... not yours - and hope that she does not successfully adjust her status.


Ian
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Old Sep 1st 2006, 4:02 pm
  #4  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

I am sorry about your bad experience... Just divorce her and dont do anything about the immigration...I think if you will not do anything It will be an abandoned case and so the 864 will not be valied. I am not sure though.

My prayers is with you..

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Old Sep 1st 2006, 7:11 pm
  #5  
Cool Dude
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

pink wrote:
    > 1) She came from Philippines on K-1 Visa (3//06)
    > 2) We were married 2 weeks after her arrival (3//06)
    > 3) Filled Adjustment of Status, Petition for Perm Residency (6//06)
    > 4) She filed her marriage cert to wrong Philippine consulate, it was
    > return telling her to send it to proper office in DC (not NY) (6//06)
    > She has never done this.
    > 5) USCIS said they recieved Application for AOS, they gave her date &
    > location to get Biometric fingerprints. We were unable to make that
    > date due to we had already planned move from VA to FL., so this was
    > never done either.
    > 6) She "ran away" and I found her in homeless shelter (7/06)
    > 7) Moved into new apartment, she has left again. I do not know where
    > she is. Her VISA expired last week.
    > 8) I found that she has been recieving money from a married man in NY
    > 9) She take temper tantrums, especially right before menstration,
    > screams a lot
    > 10) She overdrew bank account prior to leaving
    > I CANNOT DEAL WITH THE SITUATION I AM IN. My family says she seemed so
    > sweet when they talked with her. Me too.
    > Assuming she is still in the States, she is illegal, right?
    > Q: Can I stop her from getting the bio metric fingerprinting done. (I
    > am assuming she is getting help somewhere)
    > Q: Can I withdraw my I-864, which would make the I-465 invalid?
    > Any suggestions?
    > Please. Respond with fixes, and sound proven advice.

Well, it is better you found out now than later. You should divorce her
without any delay.
She can take the bio. I advice you to tell immigration about her as
soon as possible. She has to go to the interview to get the green card.
Without you they will kick her out.
But they have to know. And you can ask them your other qustions.
 
Old Sep 1st 2006, 7:30 pm
  #6  
Pink
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Hi, thanks for being out here w/ me.

I meant to say if the I-485 is pending, and is filed jointly w/ the
I-864, wouldn't withdrawing it upset the process?

Side note: I stopped into the Orlando Sub Office and requested a
"withdraw" form. I tried to explain that I wanted to withdraw the I-864
AoS, The man handed me a paper and said take home to fill out. It was a
withdraw form to withdraw an I-130 form. (Not the form I needed) I need
to stop in again, may be a different man will be there. I didn't need
an appointment since I was only requesting forms.
 
Old Sep 1st 2006, 7:35 pm
  #7  
Pink
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Nilda, Thanks

(snip)
...I think if you will not do anything It will be an abandoned case and
so the 864 will not be valied.

Can you explain this any more? Have you heard of this happenning?
 
Old Sep 1st 2006, 7:39 pm
  #8  
Pink
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Cool Dude, thanks

The interview you mentioned, is that when all parts of the I-485 is
approved?
 
Old Sep 1st 2006, 9:40 pm
  #9  
Nilda
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

You said that you filed the form for Adjustment of Status on June 2006? What forms did you filed? Is it I-130 and I-485, G325 and 864? If you just filed it, it means that her status is not yet adjusted as permanent, shes still a K1 Visa, and I believe K1 is only 90 days.

In my experience, they sent me a notice for biometric and AOS interview and they specifically written in the Notice that Non-appearance will mean ABANDONMENT of your CASE. If its abandoned it means that all the forms you submitted was not approved including 864 and If her status is ABANDONED I think it means shes not legal.

As I said I am not an Atty. and I was just speaking logically.

It is still good to consult someone who knows better.

Goodluck.






.

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Old Sep 1st 2006, 9:46 pm
  #10  
Nilda
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

I dont think she can adjust her status without you in the interview. Not unless she will bring another man and pretend that its you which is impossible because they usually ask for an ID before they conduct the interview.

If the adjustment is based on marriage they ask the USC spouse to be present in the interview.

I think Ian is right...reporting it immediately to the Immigration and filing the divorce is your best move.

Goodluck again. .

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Old Sep 2nd 2006, 5:21 am
  #11  
 
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Originally Posted by Pink
Hi, thanks for being out here w/ me.

I meant to say if the I-485 is pending, and is filed jointly w/ the
I-864, wouldn't withdrawing it upset the process?

Side note: I stopped into the Orlando Sub Office and requested a
"withdraw" form. I tried to explain that I wanted to withdraw the I-864
AoS, The man handed me a paper and said take home to fill out. It was a
withdraw form to withdraw an I-130 form. (Not the form I needed) I need
to stop in again, may be a different man will be there. I didn't need
an appointment since I was only requesting forms.
Pink, I agree with Nilda.
You do not have an I-130 to withdraw because you used the K-1 method. Your only option is to withdraw the I-864, and there is no form for that.
You writing your wishes to USCIS and not turning up for her interview are a pretty good way for her not to get her PR status. I don't know if there would be any other unintended consequences to doing all that.
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Old Sep 2nd 2006, 6:17 am
  #12  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Originally Posted by Pink
1) She came from Philippines on K-1 Visa (3//06)

2) We were married 2 weeks after her arrival (3//06)

3) Filled Adjustment of Status, Petition for Perm Residency (6//06)

4) She filed her marriage cert to wrong Philippine consulate, it was
return telling her to send it to proper office in DC (not NY) (6//06)
She has never done this.

5) USCIS said they recieved Application for AOS, they gave her date &
location to get Biometric fingerprints. We were unable to make that
date due to we had already planned move from VA to FL., so this was
never done either.

6) She "ran away" and I found her in homeless shelter (7/06)

7) Moved into new apartment, she has left again. I do not know where
she is. Her VISA expired last week.

8) I found that she has been recieving money from a married man in NY

9) She take temper tantrums, especially right before menstration,
screams a lot

10) She overdrew bank account prior to leaving

I CANNOT DEAL WITH THE SITUATION I AM IN. My family says she seemed so
sweet when they talked with her. Me too.

Assuming she is still in the States, she is illegal, right?

Q: Can I stop her from getting the bio metric fingerprinting done. (I
am assuming she is getting help somewhere)

Q: Can I withdraw my I-864, which would make the I-465 invalid?

Any suggestions?

Please. Respond with fixes, and sound proven advice.
Only going by my girlfriends experiance which is......... you cannot adjust alone she will get turned away as did my friend and also the 1-864 is not valid, she was told until the time of the AOS interview and if approved weather it be for K1 or not.

Divorce her and meet a nice lady put this silly woman behind you.

Good Luck.
 
Old Sep 3rd 2006, 1:05 pm
  #13  
Hek
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

pink wrote:
    > 1) She came from Philippines on K-1 Visa (3//06)
    > 2) We were married 2 weeks after her arrival (3//06)
    > 3) Filled Adjustment of Status, Petition for Perm Residency (6//06)
    > 4) She filed her marriage cert to wrong Philippine consulate, it was
    > return telling her to send it to proper office in DC (not NY) (6//06)
    > She has never done this.
    > 5) USCIS said they recieved Application for AOS, they gave her date &
    > location to get Biometric fingerprints. We were unable to make that
    > date due to we had already planned move from VA to FL., so this was
    > never done either.
    > 6) She "ran away" and I found her in homeless shelter (7/06)
    > 7) Moved into new apartment, she has left again. I do not know where
    > she is. Her VISA expired last week.
    > 8) I found that she has been recieving money from a married man in NY
    > 9) She take temper tantrums, especially right before menstration,
    > screams a lot
    > 10) She overdrew bank account prior to leaving
    > I CANNOT DEAL WITH THE SITUATION I AM IN. My family says she seemed so
    > sweet when they talked with her. Me too.
    > Assuming she is still in the States, she is illegal, right?
    > Q: Can I stop her from getting the bio metric fingerprinting done. (I
    > am assuming she is getting help somewhere)
    > Q: Can I withdraw my I-864, which would make the I-465 invalid?
    > Any suggestions?
    >
    > Please. Respond with fixes, and sound proven advice.
 
Old Sep 3rd 2006, 1:11 pm
  #14  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

More questions than answers:

Do the Phillipines require the 864 or 134 as part of the K process.

She seems to be setting herself up for a VAWA application to AoS.
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Old Sep 3rd 2006, 1:26 pm
  #15  
Hek
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Posts: n/a
Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

I had a similar situation with my wife from the PRC.

I sent a letter to the USCIS explaining the problems that I was having
with my wife. I told the USCIS that it was my belief that she married
me only to get to America and that the marriage was a scam. I also told
immigration that because of her actions (she also ran away) that I did
not want to be financially responsible for her.

I let immigration know that it was my intention to divorce her as soon
as possible as it was an unbearable situation with no chance of
reconcilation.

About a month later, I received a notice from the USCIS telling me that
her petition had been denied and that she (my wife) could not appeal
the decision.

We are now divorced. She is still here in the US. I have no financial
obligation to her. We also signed a prenup before we married.

If you want more details about this situation please feel free to email
me.


pink wrote:
    > 1) She came from Philippines on K-1 Visa (3//06)
    > 2) We were married 2 weeks after her arrival (3//06)
    > 3) Filled Adjustment of Status, Petition for Perm Residency (6//06)
    > 4) She filed her marriage cert to wrong Philippine consulate, it was
    > return telling her to send it to proper office in DC (not NY) (6//06)
    > She has never done this.
    > 5) USCIS said they recieved Application for AOS, they gave her date &
    > location to get Biometric fingerprints. We were unable to make that
    > date due to we had already planned move from VA to FL., so this was
    > never done either.
    > 6) She "ran away" and I found her in homeless shelter (7/06)
    > 7) Moved into new apartment, she has left again. I do not know where
    > she is. Her VISA expired last week.
    > 8) I found that she has been recieving money from a married man in NY
    > 9) She take temper tantrums, especially right before menstration,
    > screams a lot
    > 10) She overdrew bank account prior to leaving
    > I CANNOT DEAL WITH THE SITUATION I AM IN. My family says she seemed so
    > sweet when they talked with her. Me too.
    > Assuming she is still in the States, she is illegal, right?
    > Q: Can I stop her from getting the bio metric fingerprinting done. (I
    > am assuming she is getting help somewhere)
    > Q: Can I withdraw my I-864, which would make the I-465 invalid?
    > Any suggestions?
    >
    > Please. Respond with fixes, and sound proven advice.
 


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