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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