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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 5th 2006, 11:51 am
  #31  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Originally Posted by 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!
Her messages to you are not immigration-related. It is totally your decision to work on your marriage or not. All you need to know is that if she gets her green card through marriage to you, you will be liable for the Affidavit of Support for quite a long time, most likely, and that divorce does not make the I-864 null and void.

Best Wishes,
Rene

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Old Sep 5th 2006, 11:53 am
  #32  
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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 withdraw my I-864, which would make the I-465 invalid?
I believe it's the other way around. You would withdraw the I-485, which means she would not get her green card, which would mean you wouldn't be liable for the I-864. That's my take on it, anyway.

Rene
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Old Sep 5th 2006, 12:17 pm
  #33  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Originally Posted by Pink
What's happening?
Two things are happening. 1) She is starting to realize that she can not get a green card without your help. 2) Read #1 again.


Is this normal?
Having dated someone who is bipolar, believe me when I say that this is normal if she is bipolar. If she isn't bipolar... it's still normal when you consider #1 above. So, if you give in... you will never be rid of this woman... and never is a very, very long time.

Ian
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Old Sep 5th 2006, 1:57 pm
  #34  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Is there two (2) Noorah101s? I received 2 completely opposite stands on
this in a 2 minute period!

#1 says I will be financially responsible weather I divorce her OR save
the marriage

#2 says If I divorce, she will not get a green card w/o me, making the
I-864 null & void.

I'm thinking Noorah101 #1 is probably right. The I-864 doesn't mean I'm
sponsoring my wife. It can be fore anyone, she just happens to be my
wife in this case. I can sponsor your wife's (husband's) child if I
wanted to. Right? "They" don't care, they just want someone to be
responsible for that person.

If I knew I had to pay, I think I would try to make this work. We
haven't had anything normal since she arrived. My house was in the
middle of renovations (no insulation, old windows, just an empty
shell). I lost my job in VA 8 weeks before she came over. The entire
house electric got finished including new service & panel, I had the
buyers building inspector's punch list to correct, I installed 10 new
windows in this 106 year old house. Insulation was contracted out as
was the sheetrock and texture because there was not enough time left. I
sold the house as I was loading a U-haul truck. I sold or gave away
more than half of my belongings. Oh, did I mention my ex fiance was
living in my other house in Ohio? When we got to Florida, we stayed in
a motel room for 35 days. My house I was to buy in Florida was rejected
by the appraiser and we hurried to find a house to rent just to get out
of that motel room. Did I mention I have a 12 year old black Lab, and
my daughter moved in with us while at the motel!

If I was her I would have left, too. Or gone crazy first. Or both. I
have to wear her shoes for a while. I think I have to get settled down.
18 days here now, the last 14 w/o her. My project I'm assigned to in
3rd shift, nothing has been close to being normal for a while now. I
hate having to work for a living! I have been stretched sooo thin these
last 6 months. I really need to relax.
 
Old Sep 5th 2006, 2:24 pm
  #35  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Thanks Ian!

You made me laugh, and I needed that!

I likeed, 2) read #1 again

Tell me what you think about her being thrown into this crazy mess I
have going here.

(Do they do renovations in Philippines?)

Did I mention that the furnace wasn't working when she arrived.
Remember she came from the equator.
 
Old Sep 5th 2006, 3:21 pm
  #36  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Originally Posted by Pink
Is there two (2) Noorah101s? I received 2 completely opposite stands on
this in a 2 minute period!

#1 says I will be financially responsible weather I divorce her OR save
the marriage

#2 says If I divorce, she will not get a green card w/o me, making the
I-864 null & void.
No, they are both me. What I'm saying is....if you divorce NOW, before she gets her green card, the I-864 won't come into effect. If you stay with her and she gets her green card through you, you'll be on the hook for the I-864 for a long time, even if you divorce. Two different scenarios.

Rene

Last edited by Noorah101; Sep 5th 2006 at 3:43 pm.
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Old Sep 6th 2006, 12:29 am
  #37  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Originally Posted by Pink
Tell me what you think about her being thrown into this crazy mess I have going here.
Okay... since you ask, I'll tell you what I think. I think you are trying to find reasons (or make excuses) that would justify her leaving you. If the situation into which you brought her was less than favorable, then everything that happened afterwards was your fault and not hers, right? Well, it doesn't work that way.

Your wife had an honorable way out... to tell you openly and honestly what she was thinking. However, she chose the route of the coward... and ran! I have been where you are. You do not have to walk in her shoes... and trying to rationalize and justify her actions might make you feel better, but it will not change anything.

Ian
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Old Sep 6th 2006, 3:16 am
  #38  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Originally Posted by Noorah101
I believe it's the other way around. You would withdraw the I-485, which means she would not get her green card, which would mean you wouldn't be liable for the I-864. That's my take on it, anyway.

Rene

Actually, doesnt the IMMIGRANT file the I-485, and the spouse the I-130? If so, then he can't withdraw the I-485 since he didn't file it, right?
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Old Sep 6th 2006, 3:18 am
  #39  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Originally Posted by andrea874
Actually, doesnt the IMMIGRANT file the I-485, and the spouse the I-130? If so, then he can't withdraw the I-485 since he didn't file it, right?
Ah, good point Andrea.

Rene
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Old Sep 6th 2006, 3:18 am
  #40  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

You have to be separated for a year. abandonment is 6 months, to get
divorced. I can't just go downtown with cash and say OK, I want
divorced today.
 
Old Sep 6th 2006, 3:44 am
  #41  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Originally Posted by Pink
You have to be separated for a year. abandonment is 6 months, to get
divorced. I can't just go downtown with cash and say OK, I want
divorced today.
OK, so now you have a course of action. If you want to divorce her, stay separated for a year, then file for divorce. In the meantime, don't do anything else related to immigration with her, and send a letter to USCIS stating that you intend to divorce when you are allowed to do so. If she happens to somehow get her biometrics done, and gets the notice to appear for the green card interview, don't go with her. They won't approve it if you're not there. That is, if you want to divorce. If you want to work on the marriage, that's another case altogether.

Best Wishes,
Rene
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Old Sep 6th 2006, 12:26 pm
  #42  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Originally Posted by UKintheUSA
I was told at the onset by my Immigration Lawyer, that if at ANY TIME BEFORE the temporary Green Card was issued, if I was in DOUBT or was ever in a situation where I did not feel my spouse married me for the right reasons, THAT I COULD CONTACT USCIS and WITHDRAW my PETITION.
He told me that at this point, the Immigrant would be required to LEAVE THE USA and that I would not be held responsible financially or otherwise.
As has been mentioned there are other options.

Finanical aspects would depend on the divorce laws in your state.

Originally Posted by UKintheUSA
My friend has just married a girl from the Phillipines. (yesterday actually) We (all of his friends) are all hoping and praying it is for all the right reasons. She has all of a sudden started talking about BRINGING HER FAMILY HERE so I for one am a bit skeptical.
That seems the norm in that culture, but she has to become a USC first and then be able to sponsor them, so no current issue.
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Old Sep 6th 2006, 1:21 pm
  #43  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

I am a Filipina and I am married to a USC. I came here in good faith actually before I met my husband It was my 3rd time of coming here in the US and at my own expense and I got my Visa on my own too. Whats my point? That the faith of Peter is not the same as the faith of John. Whether the person is coming from the Philippines, Iran or UK there will always be someone who will try to use you or if you will be lucky you will meet someone that will love you not for anything else.

Anyways, goodluck... i just hope that if things will not work out with you and your wife it will not make you loose your faith of finding true love again.

God Bless you.

.

---
posted via:
http://www.visaforyou.org/eng/
 
Old Sep 7th 2006, 5:17 pm
  #44  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

UKintheUSA 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.
    > I was told at the onset by my Immigration Lawyer, that if at ANY TIME
    > BEFORE the temporary Green Card was issued, if I was in DOUBT or was
    > ever in a situation where I did not feel my spouse married me for the
    > right reasons, THAT I COULD CONTACT USCIS and WITHDRAW my PETITION.
    > He told me that at this point, the Immigrant would be required to LEAVE
    > THE USA and that I would not be held responsible financially or
    > otherwise. This of course never happened, but it does and he said he
    > has had three of his clients do this. It seems to me by the short time
    > she has been here that if you contacted them, you would be successful,
    > based on the info my lawyer has given me. My friend has just married a
    > girl from the Phillipines. (yesterday actually) We (all of his friends)
    > are all hoping and praying it is for all the right reasons. She has all
    > of a sudden started talking about BRINGING HER FAMILY HERE so I for one
    > am a bit skeptical.
    > I would imagine coming here from there has to be a tremendous culture
    > shock, and maybe she just needs some love and support and time to settle
    > in. I'd suggest having her talk to a shrink! (or maybe the both of you
    > so you can try and work things out)
    > Best of luck to you.
    > --
    > Posted via http://britishexpats.com

Your attorney wasn't exactly right on one point.
The immigrant isn't necessarily required to leave the country. She can
ask for a hearing and petition immigration to adjust her status without
her husband's help. If the worst happens and she so chooses, she can
remain here in some sort of legal limbo. Immigration will not
automatically deport her. Remember, she's now married to a US citizen.
 
Old Sep 8th 2006, 2:08 am
  #45  
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Default Re: How do you withdraw Form I-864? Visa expired, wife ran away! Help

Originally Posted by Noorah101
I believe it's the other way around. You would withdraw the I-485, which means she would not get her green card, which would mean you wouldn't be liable for the I-864. That's my take on it, anyway.

Rene

Rene

He cannot withdraw the I-485 ... it is not his petition. He didn't sign it, his wife filed it and signed it.
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