Eagle Sparrow

Keeping it simple:
What are the consequences for the beneficiary if an I-130 is withdrawn due to marriage immigration fraud? The beneficiary is waiting in his home country.

scrubbedexpat099

He does not immigrate to the US.

Noorah101

The consequences are that he would no longer have a petition in the system, and therefore no means to immigrate to the USA.

Rene

Eagle Sparrow

No sense beginning a new thread as the topic is the same...

I withdrew my husband's pending I-130 based on immigration marriage fraud and sent back-up documentation to assert my case against him. It turned out that my husband and his ex-wife had planned all this for perhaps as long as three years and I became privy to the information only in July. It was a long, convoluted scheme that I got caught up in completely unaware.

My main question now is, will the USCIS inform him directly of my withdrawal or is that task left to me as I have no desire to communicate anything to him at this juncture?

Elvira

Why do you care.......... it's his problem, and he'll find out somehow

Just get on with your life

Eagle Sparrow

True, but the repercussions from his end will be scathing when he does find out and I would like to be prepared.

Elvira

Prepared for what?

scrubbedexpat099

He has no way of entering the US legally, whats the problem?

Eagle Sparrow

Okay, that's what I was not sure of, but with the inevitability of a divorce, he will be able to enter at some point. His country is NOT in the VWP, but he has two daughters here and the ex-wife. None are GC holders as of yet. I am a bit frightened, quite frankly...

scrubbedexpat099

He was an overstayer with a now defunct B Visa.

There are always ways he could enter, none easy and none quick, unless he goes to Mexico and walks in.

His daughters can petition for him once they have US Citizenship and reach 21.

Ray

He most probably will move onto a another sucker ...

ian-mstm

You should be... but probably not of the ex-hubby who, as Ray suggests, will probably move on to someone else. That said, if I were you, I'd get an HIV test... you might have been just the most recent in a string of attempts to get his scheme to work.

Ian

Eagle Sparrow

I am somewhat surprised and offended by the sarcastic comments in this thread when all I asked is if anyone knew a time frame or if USCIS will notify him directly.

First of all, we are both professionals in our late 50's and neither of us sleep around - it's just not our style. We knew each other for three years prior to getting married and lived together for nearly a year before tying the knot. I am intentionally leaving out personal details because there is no need for a public display of anger or animosity on my part and I certainly had to do a great deal of soul-searching before I filed the withdrawal, which was one of the most difficult things I ever had to do in my life. Regardless of the scam, I have loved my husband very dearly and even though it is obviously over, the love doesn't fade that quickly.

Eagle Sparrow

We were married and his overstay was only 30 days. We were waiting for my W-2 to file with USCIS before he had to return to his country because his aunt suffered a massive stroke and there was no one except his 82 year old mother at hand. I don't expect anyone to understand the details, but this is exactly what occurred.

His daughters are married professionals in their 30's. One only recently filed for AOS after a June wedding, and the other is working on her doctorate and was just issued a five year visa this week from her home country. Her husband, another professional, is currently out-of-status for over a year.

My fear stems from a very real source of possible physical harm once he becomes aware that I withdrew the petition. If he can find another way into the country, no matter how many months or years that may be, I need to be aware of that possibility. There is a wise old saying, "Keep your friends close, but keep your enemies closer."

augigi

I wouldn't think he needs to come over to the US for the divorce, you'll need his signature but you could do that via mail surely? He shouldn't have to appear in person.

Do you have reason to fear for your physical safety? Has he ever been violent? If so, can you go to the police and get a restraining order so he cannot come within x feet of you?

Now that you have made the choice to withdraw the petition and done so, you just have to make sure you're safe. I don't think you'd be notified if he made it to the US, so perhaps you can move, or make yourself generally difficult to find, deal with him via a post office box rather than your new home address, notify the police that you feel you will be in danger from him. etc?