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US-Citizen-WIFE

Likely to get divorced while I-130 STILL IN PROCESS

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I am a female US citizen by naturalization.

I have currently filled a form I-130 (Petition for Alien Relative) along with form I-864 (Affidevit of Support) for my spouse who currently resides in INDIA. After 3 months of marriage, I started to realize that he is purely a moma's boy....He does not respect me and my feelings.I have tried to talk to him about it many times, but in vain.

I think one of the MAJOR REASONS he agreed to get into the marriage was "getting an official entry in the USA" via Green Card, if that is not the only reason.

The petition file was still under process at that time, hence I went ahead and Withdrew it myself by submitting a written request to the USCIS field office. I wrote the withdrawl letter to the field office, not the NVC, or USCIS, because that was what I was told to do by the customer service representative of USCIS.

Now, I am very much afraid THAT HE WILL RE-FILE with the USCIS with all my documents, without my knowledge. He has copies of the entire packet that we sent to the USCIS when we originally filled an I-130. The copies include my driver license, natuaralization certificate, US passport copy,SSN card, tax documents for financial support along withI-864, and our marriage certificate. He has a paper copy as well as scanned copy in his computer of all of the above documents. I made a big mistake to allow him to have a SCANNED COPY of all the above documents, when I had visited him in INDIA.

He can very well file again, by sending that packet to USCIS ONCE AGAIN. The only thing he has to do here is to erase my address and wirte a different address on ALL documents and re-submit the packet. After that, all the communication from the USCIS would go to that new address provided by him. I am afraid he may very well enter the US while I may not even know.

The only thing is that he has to do ILLEGAL here, is to sign the document in my hand writing. I know that he knows a very well known hand writing expert in INDIA, and he will be able to make the form sign in my hand writing.

At this point, what is my best measure to make sure he does not re-file the documents without my knowledge?

Can I submit a written request to the USCIS, to put a red alert on my SSN, so that next time someone tries to put in a petition with me as the sponsor and as a spouse, the red alert pops out.

What are some of the other security measures that I can take?

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If you have withdrawn the application, he can't file the I-130. Only the US citizen can file the I-130 to get the process started.

have you received confirmation that your petition has been withdrawn?

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@ Gegel - it says pretty clearly that he can pretend to be filing for her behind her back.

I would make an infopass or call USCIS and talk to a Tier2, I am sure they can mark your file somehow. I would also write a long email to the embassy of India, to make sure they know you are no longer supporting his application - the embassy can deny him the visa and it is a step he cannot skip.

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Email the embassy with your concerns so they can make a record.

The I-864 stuff only comes into play when the petition is approved, and if you were married only 3 months then I don't think it was approved, so I am confused why he has all that.

But anyway, they require updated tax records and all that, so I don't think he could be even close to making it through, but you can email the IV unit for your peace of mind (and I suppose USCIS and NVC etc).

Edited by Harpa Timsah

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If he is really a mama's boy then you have good reason for your decision....no one likes a roller coaster relationship.

Only USC can file such petition, I'm sure USCIS has a way to determine it or if not, believe me this kind of act will not prosper completely. For your own peace of mind, you may inform USCIS of the possibilities...... pray and trust God will do the rest.

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@ Gegel - it says pretty clearly that he can pretend to be filing for her behind her back.

I would make an infopass or call USCIS and talk to a Tier2, I am sure they can mark your file somehow. I would also write a long email to the embassy of India, to make sure they know you are no longer supporting his application - the embassy can deny him the visa and it is a step he cannot skip.

I understood that too, but there is a snowball chance in hell he might make it to the US on that premise. Having said that, I think your idea of the infopass might at least help make her complaint more official.

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This is completely off topic, but I would urge you to contact all 3 credit bureaus and freeze your credit report.

You have given him an incredibly complete dossier for identity theft.

Good luck.

It may be off topic but it's REALLY good advice!

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Thank you all for the really nice comments and feedback.

@Gegel: You are absolutely correct about writing a letter to the embassy of INDIA. He sure cannot skip that step. Also, when I make an infopass appointment at the local office, how do I request that my appointment should be with a Tier-2? They just schedule it online without telling us whether its a with a Tier-1 or Tier-2?

@randye80: You advise has been taken, and all the three bureaus have been contacted and freezed! Thanks for the advise.

@Harpa Timsah: You are correct. The I-864 only comes into play when i-130 is approved. However,since were preparing for I-130, we had some more time on our hands, and hence decided to go ahead and fill out i-864, and send it along with i-130, to get it out of our way. At that time he scanned all those docs in his computer. However, as someone above has said, he requires the recent tax document, which he might not have since the tax year changed this MARCH (MARCH 2013), and he only has my tax doCument from MARCH 2012.

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