Jump to content

Gallery      Downloads      Example Forms      Processing Times      Embassy Info      Reviews: Embassy/USCIS & POE      VJ Affiliates     Members


  • Please log in to reply

AOS pending decision

#1 vjhelp

vjhelp

    Member

  • Members
  • PipPipPip

Posted 25 August 2012 - 01:52 AM

My spouse came on k1 fiance visa got married withen 90 days, submitted I485 and I864. Marriage didn't work out. send a notarized letter to the service center processing the case (case still pending) to disavow my affidavit of support i-864.
My question is do I have to send a letter to the center that approved her I-129F application to disavow any thing? Please help or advice? Or is sending a letter to the center processing AOS I-485 form enough?
Does I-129 F hold any weight or it's a visa that is already used and expired and thus no need to withdraw/disavow?

Edited by vjhelp, 25 August 2012 - 01:55 AM.

  • 0

#2 Jay-Kay

Jay-Kay

    The Kay half of Jay-Kay

  • Members

Posted 25 August 2012 - 03:00 AM

My spouse came on k1 fiance visa got married withen 90 days, submitted I485 and I864. Marriage didn't work out. send a notarized letter to the service center processing the case (case still pending) to disavow my affidavit of support i-864.
My question is do I have to send a letter to the center that approved her I-129F application to disavow any thing? Please help or advice? Or is sending a letter to the center processing AOS I-485 form enough?
Does I-129 F hold any weight or it's a visa that is already used and expired and thus no need to withdraw/disavow?

A letter withdrawing your I-864 is all that is needed. The I-129F was just a petition that allowed your foreign fiance(e) to apply for the K-1 visa. That is a done deal now and has nothing to do with the current I-864 you are withdrawing.
  • 0


Link to K-1 forms and instructions for Ciudad Juarez, Mexico > http://ciudadjuarez....ianceforms.html

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K-1 --> I-129F Sent: 05/26/10 - NOA2: 07/02/10 - Interview: 09/21/10-APPROVED! - Wedding: 12/12/10
AOS--> I-485 Sent: 01/25/11 - Bio: 02/24/11 - EAD/AP: 04/09/11 - Interview: 05/18/11-APPROVED! - GC: 05/26/11
ROC--> I-751 Sent: 03/21/13 - Bio: 04/25/13

#3 vjhelp

vjhelp

    Member

  • Members
  • PipPipPip

Posted 28 August 2012 - 07:59 PM

If the spouse seperates in order to file for divorce...Does immigration consider this as abandanment of support of not fulfilling the affidivat of support obligations? The petitioner is willing to provide living room and board till the divorce happens.

Edited by vjhelp, 28 August 2012 - 08:01 PM.

  • 0

#4 TBoneTX

TBoneTX

    Among the 99.44% HOSED at the Guayaquil consulate

  • Members, Organizer

Posted 29 August 2012 - 12:04 AM

[If you need to separate physically to meet your state's requirements for filing for divorce (for example), that's separate from USCIS processes. If I were you, I'd take a copy of the letter that you sent, set an InfoPass appointment, and show it to the officer in person. This will ensure that it's entered in the databases where it needs to be entered -- or confirm that it has been entered -- and you'll be off the hook as far as USCIS is concerned. What happens between you and your soon-to-be-Ex is then between you and her.
  • 0
06-04-2007 = TSC stamps postal return-receipt for I-129f.
06-11-2007 = NOA1 date (unknown to me).
07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?
09-25-2007 = Touch (first-ever).
09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).
10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."
12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.
12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.
12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.
01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.
01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.
04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").
05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.
05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).
06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."
07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.
08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).
08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

#5 vjhelp

vjhelp

    Member

  • Members
  • PipPipPip

Posted 02 September 2012 - 01:51 AM

VAWA based on extreme creulty. I'm reading online that a person can file extreme creulty and win VAWA. BAsically it is all verbal just staing things like your husband was controling, he called you names, no bank accounts were opened together, husband listening to her phone calls to family....and treatening to call the police deport her.
My concern is doesn't INS know these type of things are easy to make up for any human in their idle mind and get affidivits from family members and file for extreme creutly.
Every one can just make all those things and tell INs hey I was victim of extreme creulty.
Need input.....IF this thing is just making those statements then I think everyone qualifies for it and should win the case.
VAWA is just a tool for spouses to grab and look for green card if marriage don't work.
  • 0

#6 Que Saudade

Que Saudade

    I feel like I'm diagonally parked in a parallel universe.

  • Members

Posted 02 September 2012 - 02:10 AM

VAWA based on extreme creulty. I'm reading online that a person can file extreme creulty and win VAWA. BAsically it is all verbal just staing things like your husband was controling, he called you names, no bank accounts were opened together, husband listening to her phone calls to family....and treatening to call the police deport her.
My concern is doesn't INS know these type of things are easy to make up for any human in their idle mind and get affidivits from family members and file for extreme creutly.
Every one can just make all those things and tell INs hey I was victim of extreme creulty.
Need input.....IF this thing is just making those statements then I think everyone qualifies for it and should win the case.
VAWA is just a tool for spouses to grab and look for green card if marriage don't work.

There is a growing concern regarding how VAWA and the immigration process needs to be re-examined. Indeed there is a grave concern regarding that fact that it may be used as a "tool" for green card.
  • 0
"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."
K1 Guides and Info
K1 AOS Guide
Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte
Back to K-1 Fiance(e) Visa Process & Procedures · Next Unread Topic →


0 user(s) are browsing this forum

0 members, 0 guests, 0 anonymous users


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  1. VisaJourney.com
  2. → Family & Marriage Based US Visa Immigration Discussion
  3. → K-1 Fiance(e) Visa Process & Procedures