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Husband left back to germany

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Filed: AOS (pnd) Country: Germany
Timeline

Hi guys my husband left back to germany without me knowing it when he left me. I only found out beacause his old co worker posted on his facebook otherwise he would never tell me. So before divorcing me and my parents sent our letters to withdraw our affidavit of supports since his green card still was not approved the case is still pending. My question is, once he leaves the country before the green card was granted does it get denied? And I called Uscis to report his address change but since he's no longer here they said I cannot report the change or that he left. I feel he used me to get into this country. We argued about getting our own place twords the end. He didn't understand that with my 3 year old daughter and with me having only part time hours and only a high school diploma and with his job that we could not afford to live on our own yet. So he joined a baptist church and followed their advice and left me. But I wonder now if it was all a lie I even found out the wedding ring was a fake thing .....

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As long as the AOS hasn't been approved yet, you can withdraw the affidavit of support. As well as withdraw the petition while you're at it. If he left you, without so much as goodbye, he clearly used you. Also if he left the country without AP, the AOS would be considered abandoned. You should contact USCIS immediately and withdraw everything. You can file for divorce whenever you want as well. I'm so sorry about your situation.

This does not constitute legal advice.

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Filed: K-1 Visa Country: Belgium
Timeline

Hi, not sure if one could say 'used' you in the real sense to get into the US. He could travel to the US anytime with the visa waiver, and also he left to return to Germany. So if he had used you he would still be in the States.

It probably was a mere break up and he got fed up staying with your larger family and wanted you and young child to be a nuclear family, but without deep consideration for how it can be achieved in the long run with limited finances.

Good luck and all the best.

well if he filed a AP without U knowing this than he can come back to the country whenever he wants :) so he clearly used u if thats the case .. however justn call USCIS asap and let them now ! so u are 100%sure

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to Effects of Major Family Changes on Immigration Benefits, from Adjustment of Status (Green Card) from Family Based Visas~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Citizen (apr) Country: Canada
Timeline

As long as the AOS hasn't been approved yet, you can withdraw the affidavit of support. As well as withdraw the petition while you're at it. If he left you, without so much as goodbye, he clearly used you. Also if he left the country without AP, the AOS would be considered abandoned. You should contact USCIS immediately and withdraw everything. You can file for divorce whenever you want as well. I'm so sorry about your situation.

She can only withdraw the affidavit of support not the petition.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: AOS (apr) Country: Cyprus
Timeline

Hi, not sure if one could say 'used' you in the real sense to get into the US. He could travel to the US anytime with the visa waiver, and also he left to return to Germany. So if he had used you he would still be in the States.

It probably was a mere break up and he got fed up staying with your larger family and wanted you and young child to be a nuclear family, but without deep consideration for how it can be achieved in the long run with limited finances.

Good luck and all the best.

I agree.

Germany is a great country, I do not think he "used" you to come to the US but things just didn't work out with your marriage so he left.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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As long as the AOS hasn't been approved yet, you can withdraw the affidavit of support. As well as withdraw the petition while you're at it. If he left you, without so much as goodbye, he clearly used you. Also if he left the country without AP, the AOS would be considered abandoned. You should contact USCIS immediately and withdraw everything. You can file for divorce whenever you want as well. I'm so sorry about your situation.

She can withdraw the affadavit not the petition, the petition is his.

Does sound like he had had enough for whatever reason so went back home. If anything happened between me and my wife I would not stay here, I would be straight back to the UK as soon as possible.

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In a marriage, having more than two people involved complicates things. Already he has a step daughter and being a step parent isn't easy (which can be made harder and easier by the parent spouse.) On top of that he has to deal with your parents as well. Majority of people who live with parents of the USC when the spouse comes to the USA have issues. I cannot comment on how your household worked but you can't blame him for wanting to have your family unit as a unit vs with your parents. Maybe he felt leaving was his only option? I don't know.

Either way the only thing you can do if you want divorce is withdraw the I-864.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: AOS (pnd) Country: Germany
Timeline

Thanx guys I did have mine and my parents letters written and sent to the office that has the case to withdraw the affidavits. However when I called Uscis to report he's no longer in the country they told me I cannot report that since he is not here to talk on the phone with them so I'm guessing they will just withdraw our affidavits and consider the case abandoned? I'm in the process of filing for divorce now. I just feel he wasn't as understanding as he could have been as a husband and wasn't mature enough for a marriage. He didn't think this big descision through like I did and now I have a lot of fixing to do for his nieveness....

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No they will deny the I-485 because of the cancelled affidavit of support.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Also, if he left the US without first obtaining Advance Parole then the application was automatically abandoned at that point, too.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Thanx guys I did have mine and my parents letters written and sent to the office that has the case to withdraw the affidavits. However when I called Uscis to report he's no longer in the country they told me I cannot report that since he is not here to talk on the phone with them so I'm guessing they will just withdraw our affidavits and consider the case abandoned? I'm in the process of filing for divorce now. I just feel he wasn't as understanding as he could have been as a husband and wasn't mature enough for a marriage. He didn't think this big descision through like I did and now I have a lot of fixing to do for his nieveness....

Yes, you cannot talk with USCIS about the petition because its his petition, not your's. My wife always wants me doing to talking with her AOS and ROC, so I have her with me to give permission when we talk. The I-864 is your's to withdraw, so you've done the right thing there. You'll never hear about the denial from USCIS, because again, they're not allowed to give information to anyone but the petitioner. Sorry things didn't work out for you.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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