bionomique

Since the I-485 has not yet been adjudicated, why can't the OP withdraw? And without an I-864, the I-485 would be invalid wouldn't it? I would have thought that before the application has been approved it could be withdrawn.

The wife entered on a K-1, she can't adjust through anyone other than the OP, and if he informs the USCIS that she has left the marriage and wishes not to continue the process as sponsor, why wouldn't he be able to do that? I would imagine this is the very instance that such a move would be prudent and allowed.

Pink

<snip>
Boiler wrote:
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.

Boiler, I sent the 134 with the 325 and 129f with the 129 going to
Deopt of Jusdtice (DOJ). The INS wants the 864 with the 485.

What is VAWA stand for?

Pink

hek,

Which office did you send the letter to? I filed the 129, 325, & 134 in
Vermont, but , the 485 and 864 was sent to Chicago.

I was married in VA in March and moved to FL in July, I don't even know
what state to file the divorce. I hope it not VA, I read that you have
to wait 6 months, or a year depending on what grounds of divorce you
file. I don't know about FL.

Cool Dude

pink wrote:
    > Cool Dude, thanks
    > The interview you mentioned, is that when all parts of the I-485 is
    > approved?

The I-485 approval will give her the temporary green card, in the
interview the application and all its parts will be examined the us
citizen should be present but in rare cases with the appropriate
written excuse the us citizen presense was not necessary, that is why
you really need to inform immigration about this and preferably in
person.

Hek

Pink,

On the bottom of your I-796C, Notice of Decision there is an address.
Send your letter to this address. Send it...To Whom It May Concern:.

I am from NC. To divorce here, the husband and wife must live separate
and apart for one year. We separated July 13, 2004 and were divorced
August 19, 2005.

Don't worry everything will be ok. You will not be legally responsible
for her through USCIS. However, you need to check your state laws
governing divorce and alimony particarly if you did not sign a prenup.
She might show up at the divorce hearing asking for spousal support.

hek


pink wrote:
    > hek,
    > Which office did you send the letter to? I filed the 129, 325, & 134 in
    > Vermont, but , the 485 and 864 was sent to Chicago.
    > I was married in VA in March and moved to FL in July, I don't even know
    > what state to file the divorce. I hope it not VA, I read that you have
    > to wait 6 months, or a year depending on what grounds of divorce you
    > file. I don't know about FL.

Hek

Pink,

In you letter, tell USCIS that you want to withdraw your petition
for__________.
Tell USCIS why.
Tell them that you had good intentions.
Give them all receipt numbers, where you filed the petition(s), the
date of your marriage and any other information that you think is
important.

hek

pink wrote:
    > hek,
    > Which office did you send the letter to? I filed the 129, 325, & 134 in
    > Vermont, but , the 485 and 864 was sent to Chicago.
    > I was married in VA in March and moved to FL in July, I don't even know
    > what state to file the divorce. I hope it not VA, I read that you have
    > to wait 6 months, or a year depending on what grounds of divorce you
    > file. I don't know about FL.

scrubbedexpat099

Well that helps a lot, a few consulates require the 864, the 134 is not enforceable.

I have seen a suggestion that the 864 could be considered enforceable once it is submitted, not just once the adjustment has succesfully taken place. But I have not seen any cases where somebody has been hit in the pocket on this basis.

VAWA, well basically she claims 'abuse', comes up quite often on this board, and so can self petition.

So:

Withdraw your petition.

Divorce

Move on, her immigration issues are hers not yours.

Ray

The Violence Against Women Act of 1998

http://www.uscis.gov/graphics/howdoi/battered.htm

Pink

hek wrote
<snip>
Pink,
On the bottom of your I-796C, Notice of Decision there is an address.
Send your letter to this address. Send it...To Whom It May Concern:.

Don't worry everything will be ok. You will not be legally responsible
for her through USCIS.


hek,
I do not have the Form I-796C, she took that with her. I only have the
reciepts prior to her arriving. Do I need a copy of this? If so where
do you start. The people on the 800# are nice, but, they can't "get
things done".

Remember they sent us that they recieved the forms, but, she had to
still get biometrics done to proceed. This is right when we moved and
couldn't make it to the Sub Office in Charleston, WV. Our mailed was
being forwarded to General Delivery here in Orlando for more than a
month (we stayed in a motel room for the first 35 days down here). We
couldn't change our address (AR-11) because we did not have one until 2
weeks ago (Aug 18).

Why do I keep hearing " Don't worry everything will be ok. You will not
be legally responsible for her through USCIS." ?

I read in here that the I-134 is not enforceable? Are these not
official government forms? Did I not sign in front of a notary public?
I need to get that letter to withdraw my 864 to the proper ofice.
Shouldn't they have someone to help US Citizens? Seems they are there
to offer more help to non-citizens. Where is the "hotline?

I apoligize for any insinuation of anger and fustration.

ian-mstm

A notary public does not guarantee that the form is filled out correctly or that you are even telling the truth about what you've written. He does nothing more than verify that you and your signature are genuine. It is a matter of public record that the I-134 is not enforceable. Divorce the woman and move on with your life.

Ian

Hek

Pink,

Perhaps it's too late but you should make copies of everything.

Send your letter to the station that approved the I 485. Look for the
address on the USCIS web site.

USCIS will not automatically deport your wife if her petition is
denied. She also has rights as your wife. She is not illegal. She can
go to the interview or hire an attorney and claim abuse or abandonment.
She can say I came to the USA with the best of intentions. I left my
job, my family and a good life to travel to America to marry this man.
I'm not trying to frighten you. Just be aware of what can possibly
happen.

Under most state laws she can hit you for alimony.

My ex is still in the country. She has a social security number, an
apartment, a legal job, car, driver's license and credit cards.
hek


pink wrote:
    > hek wrote
    > <snip>
    > Pink,
    > On the bottom of your I-796C, Notice of Decision there is an address.
    > Send your letter to this address. Send it...To Whom It May Concern:.
    > Don't worry everything will be ok. You will not be legally responsible
    > for her through USCIS.
    > hek,
    > I do not have the Form I-796C, she took that with her. I only have the
    > reciepts prior to her arriving. Do I need a copy of this? If so where
    > do you start. The people on the 800# are nice, but, they can't "get
    > things done".
    > Remember they sent us that they recieved the forms, but, she had to
    > still get biometrics done to proceed. This is right when we moved and
    > couldn't make it to the Sub Office in Charleston, WV. Our mailed was
    > being forwarded to General Delivery here in Orlando for more than a
    > month (we stayed in a motel room for the first 35 days down here). We
    > couldn't change our address (AR-11) because we did not have one until 2
    > weeks ago (Aug 18).
    > Why do I keep hearing " Don't worry everything will be ok. You will not
    > be legally responsible for her through USCIS." ?
    > I read in here that the I-134 is not enforceable? Are these not
    > official government forms? Did I not sign in front of a notary public?
    > I need to get that letter to withdraw my 864 to the proper ofice.
    > Shouldn't they have someone to help US Citizens? Seems they are there
    > to offer more help to non-citizens. Where is the "hotline?
    >
    > I apoligize for any insinuation of anger and fustration.

Pink

The I-485 has not been apprioved, only that they received it.
The letter they sent was to get biometrics done on July 7, 2006. She
did not.
Doesn't the fact that she lied on the G-325 (3 times) mean anything to
INS?
Do they really allow foreigners to play them like fools?

fatbrit

Your emotions are getting the better of you. Revenge is not sweet; it's a waste of time and energy.

ian-mstm

You really need to step away from this for a bit. You no longer seem able to separate what has happened to you, from what she may or may not be doing to the government. Maybe you feel a bit foolish for believing her... but y'know, that's life... consider it a learning experience and get over it. Protect yourself and move on. USCIS is no longer your concern... let her deal with her own problems. Revenge is a fine art that can, as we have seen many times in this forum, totally consume you and then spit you out years later as nothing more than a dried out shell with nothing to show for your dedication to the righteous cause.

Ian

Pink

OK, After 2 weeks, she sent me 2 emails today. An unknown phone number
rang in 6 times today, I did not answer. On the last call she left a
message.

She said she knows she hurt me.
She misses me a lot.
She loves me very, very much.
She wants to talk with me, and try to work out "the bad"
She wants to be my wife forever........

I have not responded to her mail or message yet. This really caught me
off gaurd!
What's happening? Is this normal? Is this normal since she is
Philippine? Are most asians like this? ( I apoligize, I don't mean to
be predudice. Just asking)

I've worked in Okinawa (3 months), Japan (2 months), and S. Korea twice
(2 months total). Philippines, Thailand , and Hawaii (several months)

OK, I'm sitting down. Let me have it!