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-   -   I-751 denial and spousal support (https://britishexpats.com/forum/marriage-based-visas-35/i-751-denial-spousal-support-420499/)

Likes2travl Jan 16th 2007 11:06 am

I-751 denial and spousal support
 
I would like some opinions on my issue.

I am a US citizen residing in Penna. I sponsored a Russian lady on a
KI visa, the K1 visa was approved and she entered the USA in Dec of
2002. We were married in Feb of 2003 and applied for the AOS before
her 90 days expired. It took about 15 months and we had a interview,
everything went fine and she received her 2 year green card in June of
2004.

So... it came time in March of 2006 to file the I-751 for a permanent
adjustment. We filed it jointly and 3 days later I came home to find
the house quite empty of furniture as she had moved out. She received a
NOA about 30 days later (I think) extending work and travel for 1 year.
In July of 2006 I sent a letter to Vermont stating I wished to
withdraw my sponsorship of her I-751 due to her moving out 3 days after
the filing.

In September of 2006 my spouse and I reached a marital agreement which
we both agreed to. Before the agreement could be signed we received
notice that USCIS wanted additional documentation. She submitted the
additional documentation. She stated she was not going to settle until
she knew about her green card. Then about 30 days we received
notification of an interview for Nov of 2006. All of a sudden she
became very loving (hmmm...) We went to the interview, unfortunately
our file had not arrived from Vermont, so the officer had no idea what
actually was going on. I went with her for the interview. The officer
asked her where she had lived all this time, she gave him my home
address like we were still living together, he asked have you lived
anywhere else, she stated "no", he asked where did you sleep last
night, she gave him my home address, all false answers. I said nothing
as he asked me nothing, don't ask me why, I have been under EXTREME
stress.

Well... the file finally arrived at the local office and of course they
reviewed it. They saw the letter withdrawing support and that she had
moved out. The officer called me in Jan of 2007 and asked me what was
going on and I told him that the facts in the letter were correct. To
say he was a little upset would be a huge understatement! He said he
would decide what to do and I would receive a letter. Two days later I
received a certified letter from the district director of Homeland
Security stating that they "acknowledged withdrawal of the
aformentioned petition effective July 2006, this withdrawal terminates
any further action on this petition".

Now I am afraid my wife will file for spousal support with the state
domestic relations. Does she even have a basis to do so given she
probably no longer has status in the US? I am not sure if they will
start deportation proceeding or not.


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