I-130 Withdrawal by petitioner.
Sep 15th 2007, 1:53 pm
#16
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I-130 Withdrawal by petitioner.
That's your choice. Had you stated in your first post that you were "intentionally leaving out personal details", you probably would have received different responses... certainly, responses more in line with what you were expecting. At any rate, if as you say, "my husband and his ex-wife had planned all this for perhaps as long as three years" then it's obvious that you really do *not* know him as well as you suggest.
Did you know, in the "three years prior to getting married and lived together for nearly a year" that he had these violent tendencies? When you ask for information without details, you invite people to create the details to fill in the missing information. It's one of the joys of posting in a public newsgroup.
Ian
My fear stems from a very real source of possible physical harm once he becomes aware that I withdrew the petition.
Ian
Sep 15th 2007, 2:03 pm
#17
Concierge
Joined: Apr 2001
Posts: 46,467
Re: I-130 Withdrawal by petitioner.
ES
I don't know that the US Consulate will contact him. If it has already been approved stateside the next step is for the NVC to contact you for the affidavit of support. If at that point you stopped the processing, they would most likely not contact the US Consulate. So your husband will only find out about it from you. If he contacts the US Consulate, they won't have a file on him so they will know nothing.
However, if you stopped it after it reached the US Consulate and you have completed the affidavit of support and it has been accepted, then he will be told this by the US Consulate.
For your safety, I would definitely contact a divorice attorney immediately. You will not need to ever speak to your husband again, if you so choose not to. All paperwork will be handled by the attorney and his office. I would also recommend that you contact ICE with this information about immigration fraud and perhaps, if lucky, his name will be placed on a watch list so that if he attempts to enter the US, he will be tagged.
Wishing you well.
Rete
Sep 15th 2007, 4:52 pm
#18
Account Closed
Joined: Mar 2004
Posts: 2
Re: I-130 Withdrawal by petitioner.
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."
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."
An overstay voids his B Visa.
It is very unlikely that a B Visa would be issued to someone with a spouse illegally present in the US. Plus of course all the professions I know, except the oldest, require legal presence to work in the US.
His Daughter can file for him once she has Citizenship, say about 5 years in total.
Sep 16th 2007, 1:52 am
#19
Провалат е недопустим.
Thread Starter
Joined: Jul 2007
Posts: 35
Re: I-130 Withdrawal by petitioner.
ES
I don't know that the US Consulate will contact him. If it has already been approved stateside the next step is for the NVC to contact you for the affidavit of support. If at that point you stopped the processing, they would most likely not contact the US Consulate. So your husband will only find out about it from you. If he contacts the US Consulate, they won't have a file on him so they will know nothing.
However, if you stopped it after it reached the US Consulate and you have completed the affidavit of support and it has been accepted, then he will be told this by the US Consulate.
For your safety, I would definitely contact a divorce attorney immediately. You will not need to ever speak to your husband again, if you so choose not to. All paperwork will be handled by the attorney and his office. I would also recommend that you contact ICE with this information about immigration fraud and perhaps, if lucky, his name will be placed on a watch list so that if he attempts to enter the US, he will be tagged.
Wishing you well.
Rete
I don't know that the US Consulate will contact him. If it has already been approved stateside the next step is for the NVC to contact you for the affidavit of support. If at that point you stopped the processing, they would most likely not contact the US Consulate. So your husband will only find out about it from you. If he contacts the US Consulate, they won't have a file on him so they will know nothing.
However, if you stopped it after it reached the US Consulate and you have completed the affidavit of support and it has been accepted, then he will be told this by the US Consulate.
For your safety, I would definitely contact a divorce attorney immediately. You will not need to ever speak to your husband again, if you so choose not to. All paperwork will be handled by the attorney and his office. I would also recommend that you contact ICE with this information about immigration fraud and perhaps, if lucky, his name will be placed on a watch list so that if he attempts to enter the US, he will be tagged.
Wishing you well.
Rete
I called and sent documents to the US Embassy as well, and have called ICE with all relevant information, but as you state, it's a matter of luck if he winds up on an ICE watch list. An attorney suggested physically taking the package of documents against him and hand-delivering them to the local ICE unit. The chances of actually speaking to an agent are relatively slim, but she said it may be worth the extra effort.
His ex also remarried a US citizen last year, they had their interview, she, her fingerprinting, etc... in Dallas in late January of this year, but still no word from USCIS. I contacted the local ICE unit in Dallas, and explained the situation, so let's see if that has any effect.
There is a possibility the marriage can be annuled and I am working on that as well. The sooner I end all this the better.
Sep 16th 2007, 1:57 am
#20
Провалат е недопустим.
Thread Starter
Joined: Jul 2007
Posts: 35
Re: I-130 Withdrawal by petitioner.
An overstay voids his B Visa.
It is very unlikely that a B Visa would be issued to someone with a spouse illegally present in the US. Plus of course all the professions I know, except the oldest, require legal presence to work in the US.
His Daughter can file for him once she has Citizenship, say about 5 years in total.
It is very unlikely that a B Visa would be issued to someone with a spouse illegally present in the US. Plus of course all the professions I know, except the oldest, require legal presence to work in the US.
His Daughter can file for him once she has Citizenship, say about 5 years in total.
Sep 16th 2007, 2:05 pm
#21
Account Closed
Joined: Mar 2004
Posts: 2
Re: I-130 Withdrawal by petitioner.
The eldest daughter is a scientist working on her PhD and does not have a B visa, but whatever it is that graduate students obtain. I was rather surprised she was granted the visa as well because of her husband's status, but perhaps she neglected to tell the examiner she is married...
Sep 17th 2007, 11:12 pm
#22
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Thread Starter
Joined: Jul 2007
Posts: 35
Re: I-130 Withdrawal by petitioner.
Sep 18th 2007, 6:55 am
#23
Account Closed
Joined: Mar 2004
Posts: 2
Re: I-130 Withdrawal by petitioner.
For obvious reasons.
Sep 18th 2007, 7:30 am
#24
Joined: Apr 2002
Posts: 35,082
Re: I-130 Withdrawal by petitioner.
What's done with it is then out of your hands, but you will know that you've done what you can.
Sep 18th 2007, 7:42 am
#25
Queen of my house
Joined: Aug 2007
Location: Ohio
Posts: 5,043
Re: I-130 Withdrawal by petitioner.
Thank you very much, Rete, this is the information I was looking for. The petition has not reached the US Embassy as the I-130 is still pending at the Vermont SC.
I called and sent documents to the US Embassy as well, and have called ICE with all relevant information, but as you state, it's a matter of luck if he winds up on an ICE watch list. An attorney suggested physically taking the package of documents against him and hand-delivering them to the local ICE unit. The chances of actually speaking to an agent are relatively slim, but she said it may be worth the extra effort.
His ex also remarried a US citizen last year, they had their interview, she, her fingerprinting, etc... in Dallas in late January of this year, but still no word from USCIS. I contacted the local ICE unit in Dallas, and explained the situation, so let's see if that has any effect.
There is a possibility the marriage can be annuled and I am working on that as well. The sooner I end all this the better.
I called and sent documents to the US Embassy as well, and have called ICE with all relevant information, but as you state, it's a matter of luck if he winds up on an ICE watch list. An attorney suggested physically taking the package of documents against him and hand-delivering them to the local ICE unit. The chances of actually speaking to an agent are relatively slim, but she said it may be worth the extra effort.
His ex also remarried a US citizen last year, they had their interview, she, her fingerprinting, etc... in Dallas in late January of this year, but still no word from USCIS. I contacted the local ICE unit in Dallas, and explained the situation, so let's see if that has any effect.
There is a possibility the marriage can be annuled and I am working on that as well. The sooner I end all this the better.
Sep 21st 2007, 3:08 pm
#26
Just Joined
Joined: Sep 2007
Posts: 3
Re: I-130 Withdrawal by petitioner.
jd
Sep 22nd 2007, 3:07 am
#27
Провалат е недопустим.
Thread Starter
Joined: Jul 2007
Posts: 35
Re: I-130 Withdrawal by petitioner.
If there was marriage fraud, he is forever barred from obtaining an immigrant visa. Once the petition is revoked for this reason, his name will be entered into a database that should prevent him from obtaining any visa or entry in the future. If the daughter is here on a student or exchange visa,it will take many years (10?) to obtain US citizenship. Nothing happens fast.
jd
jd
To clarify, both daughters are married, one on a student visa which was renewed for five years last week, and the other daughter recently married to a US citizen and they had their interview last week.
Natural curiosity begs to wonder about the status of his ex-wife who had her interview in Dallas, January 2007. She was certain she would have her GC by now, but she has yet to receive even her work permit. Is it possible her case was "flagged" so-to-speak, because of my situation with my husband? I did contact ICE, but I somehow doubt they take much into account for small fries.
Thank you to all who responded above. I appreciate the good wishes and advice.
Regards.
Sep 22nd 2007, 8:15 pm
#28
Account Closed
Joined: Mar 2004
Posts: 2
Re: I-130 Withdrawal by petitioner.
Thank you, JM. I would suspect that if his country is added to the VWP in the future, the bar would extend to his entrance through the program as well.
To clarify, both daughters are married, one on a student visa which was renewed for five years last week, and the other daughter recently married to a US citizen and they had their interview last week.
Natural curiosity begs to wonder about the status of his ex-wife who had her interview in Dallas, January 2007. She was certain she would have her GC by now, but she has yet to receive even her work permit. Is it possible her case was "flagged" so-to-speak, because of my situation with my husband? I did contact ICE, but I somehow doubt they take much into account for small fries.
Thank you to all who responded above. I appreciate the good wishes and advice.
Regards.
To clarify, both daughters are married, one on a student visa which was renewed for five years last week, and the other daughter recently married to a US citizen and they had their interview last week.
Natural curiosity begs to wonder about the status of his ex-wife who had her interview in Dallas, January 2007. She was certain she would have her GC by now, but she has yet to receive even her work permit. Is it possible her case was "flagged" so-to-speak, because of my situation with my husband? I did contact ICE, but I somehow doubt they take much into account for small fries.
Thank you to all who responded above. I appreciate the good wishes and advice.
Regards.
Sep 23rd 2007, 12:41 am
#29
Провалат е недопустим.
Thread Starter
Joined: Jul 2007
Posts: 35
Re: I-130 Withdrawal by petitioner.
I don't know all the details, except her marriage to a USC a month after her divorce to someone she found on E-Harmony. She has been in the US for six years continuously, and I imagine most of that time undocumented as she still does not have a SSN.
Sep 23rd 2007, 2:04 am
#30
Queen of my house
Joined: Aug 2007
Location: Ohio
Posts: 5,043
Re: I-130 Withdrawal by petitioner.
Does the new husband know about the scam?
