Need to know what to do

[rika60607 215]

She married in time, her AOS was filed and is still alive (though it will die eventially due to divorce), she is not divorced yet = she is not out of status at this point.

Her AOS will be denied, she will be put in deportation proceedings and IJ will determine that she's out of status since the day her AOS was denied.

Voila! She can leave within 180 days of AOS denial by means of voluntary departure = no ban.

PS I am not lawer, take this with a grain of salt.

[Eric-Pris 1,610]

He's own stupidity costs him a lot of money because he had to hire 2 law firms for represent himself. Yet, he still lost. He's probably pissed at this so not sure if tries to get me back so he could have substantial evidence of his claim for fraud against me because I would go back to him. I don't seem to understand why he would report me if he really wanted to work things out. And now after he reported he's trying to get me back? Something is wrong.

I'm not saying it is true, but you should also consider that maybe he wants to get back with you to avoid paying more legal fees and maybe alimony/settlement that you could win. This could be a financial move by him.

[Inky 1,111]

Did you already leave america or are you still in america at this point? some of the wording has me a little confused.

[lmc1968 0]

Did you already leave america or are you still in america at this point? some of the wording has me a little confused.

am still in the US.

[visacheck 3]

since your AOS was filed, you are fine. You are not in any trouble. It doesnt matter if your I-94 was expired when you filed the AOS as long as you got married within the 90 days because you could get married on the 90th day and you need time to wait for the marriage certificate. You should get a 2 year green card with conditions. He was the one that cheated and decieved you. You should be able to remove conditions without him since you entered the marriage in good faith. This is my understanding of this. I was previously married to a filipina and went through the fiancee visa path before.

Do people read the whole posts before replying or just wing it? The quoted post does NOT apply to this situation at all.

To the OP,

It doesn't matter whether or not you got married within the 90 days, that only matters when applying for AOS. But in your case, AOS doesn't seem likely.

If your I-94 expired, you are OUT OF STATUS and are incurring overstay days. The overstay is forgiven once AOS is approved. But in your case, it is doubtful that it will happen since he pulled his sponsorship/support. Unless you somehow get AOS approved, you will be subject to a ban based on overstay. After 180 days out of status, you are banned for 3 years. After 1 year out of status, you are banned for 10 years. If your I-94 expired in June xx, you have till December xx to leave the US.

You seem to be considering going back to him. Forget the immigration aspect. Do you still love him and want to be with him? You need to answer that question first. You are weighing the immigration aspect more than the fact of whether you actually want to be with him which makes you look like a greencard digger.

Her AOS hasnt been denied yet. How can she be incurring overstay days?

[Boiler 48,860]

He withdrew his affidavit, she withdrew her application.

[Darnell 8,480]

this is a stretch, but....

you can submit paperwork DURING THE DIVORCE PROCESS that identifies what he did on filing USCIS affadavits for your supposed 'fraud' and make it part of the DIVORCE PROCEEDINGS that he has to withdraw and/or renig his affadavits for YOUR FRAUD , and have proof of USCIS a) acceptance B) reversal PRIOR to the FINAL DIVORCE DECREE.

I'd stick him with that, make sure the judge has it, prior to PROVE UP day.

Court processes vary by jurisdiction and state, but you should be able to get the addendum made with the Clerk of the Court.

Also - you have FREE SERVICES available to you - look at 'Catholic Charities' in the phone book, call em up and get referrals.

The thing that most will find CRAZY, is that YOU can 'get in' just about ANYTHING you need in the Divorce Documents, regardless of WHO initially filed.

Good Luck !

[visacheck 3]

He withdrew his affidavit, she withdrew her application.

If the applicant withdraws her own application with USCIS do they still get letter of denial or letter of withdrawal?

[lmc1968 0]

He withdrew his affidavit, she withdrew her application.

At this point I do not the status of my AOS. When I called the first time I did not have me case number. When I followed up, they asked to write a letter and mail it so it will be withdrawn. Because I was the one who filed my legal papers in the court, I didn't get the chance to do it before. I already started drafting the withdrawal letter and will be sent soon. He probably already withdrew his affidavit of support.

[lmc1968 0]

since your AOS was filed, you are fine. You are not in any trouble. It doesnt matter if your I-94 was expired when you filed the AOS as long as you got married within the 90 days because you could get married on the 90th day and you need time to wait for the marriage certificate. You should get a 2 year green card with conditions. He was the one that cheated and decieved you. You should be able to remove conditions without him since you entered the marriage in good faith. This is my understanding of this. I was previously married to a filipina and went through the fiancee visa path before.

Do people read the whole posts before replying or just wing it? The quoted post does NOT apply to this situation at all.

To the OP,

It doesn't matter whether or not you got married within the 90 days, that only matters when applying for AOS. But in your case, AOS doesn't seem likely.

If your I-94 expired, you are OUT OF STATUS and are incurring overstay days. The overstay is forgiven once AOS is approved. But in your case, it is doubtful that it will happen since he pulled his sponsorship/support. Unless you somehow get AOS approved, you will be subject to a ban based on overstay. After 180 days out of status, you are banned for 3 years. After 1 year out of status, you are banned for 10 years. If your I-94 expired in June xx, you have till December xx to leave the US.

You seem to be considering going back to him. Forget the immigration aspect. Do you still love him and want to be with him? You need to answer that question first. You are weighing the immigration aspect more than the fact of whether you actually want to be with him which makes you look like a greencard digger.

Her AOS hasnt been denied yet. How can she be incurring overstay days?

I think its because we filed my AOS after my I-94 expired because we had to wait for the marriage contract. Although we got married within 90 days, my I-94 expired before we filed AOS. It expired for 5 days. Am not sure really if it matters that my AOS has been filed. I don't know if the USCIS cares even if the marriage was bona fide yet we divorced because of his deception.

[visacheck 3]

since your AOS was filed, you are fine. You are not in any trouble. It doesnt matter if your I-94 was expired when you filed the AOS as long as you got married within the 90 days because you could get married on the 90th day and you need time to wait for the marriage certificate. You should get a 2 year green card with conditions. He was the one that cheated and decieved you. You should be able to remove conditions without him since you entered the marriage in good faith. This is my understanding of this. I was previously married to a filipina and went through the fiancee visa path before.

Do people read the whole posts before replying or just wing it? The quoted post does NOT apply to this situation at all.

To the OP,

It doesn't matter whether or not you got married within the 90 days, that only matters when applying for AOS. But in your case, AOS doesn't seem likely.

If your I-94 expired, you are OUT OF STATUS and are incurring overstay days. The overstay is forgiven once AOS is approved. But in your case, it is doubtful that it will happen since he pulled his sponsorship/support. Unless you somehow get AOS approved, you will be subject to a ban based on overstay. After 180 days out of status, you are banned for 3 years. After 1 year out of status, you are banned for 10 years. If your I-94 expired in June xx, you have till December xx to leave the US.

You seem to be considering going back to him. Forget the immigration aspect. Do you still love him and want to be with him? You need to answer that question first. You are weighing the immigration aspect more than the fact of whether you actually want to be with him which makes you look like a greencard digger.

Her AOS hasnt been denied yet. How can she be incurring overstay days?

I think its because we filed my AOS after my I-94 expired because we had to wait for the marriage contract. Although we got married within 90 days, my I-94 expired before we filed AOS. It expired for 5 days. Am not sure really if it matters that my AOS has been filed. I don't know if the USCIS cares even if the marriage was bona fide yet we divorced because of his deception.

Once USCIS receives your AOS application even if it is after the I-94 expiry, you are technically not out of status because your application is pending. The only time you will be asked to leave the country is when your AOS is denied.

In your case now, you said your husband withdrew his affidavit of support. Im not sure if he will be getting an official letter from USCIS saying that he withdrew his affidavit of support and/or a letter saying your AOS application has been denied. Im sure other VJ'ers can answer this.

I dont really know if you are cosidered out of status now. Do you have your case number now? why dont you call USCIS maybe you can check to see if the affidavit of support has been withdrawn.

Edited November 3, 2009 by visacheck

[lmc1968 0]

since your AOS was filed, you are fine. You are not in any trouble. It doesnt matter if your I-94 was expired when you filed the AOS as long as you got married within the 90 days because you could get married on the 90th day and you need time to wait for the marriage certificate. You should get a 2 year green card with conditions. He was the one that cheated and decieved you. You should be able to remove conditions without him since you entered the marriage in good faith. This is my understanding of this. I was previously married to a filipina and went through the fiancee visa path before.

Do people read the whole posts before replying or just wing it? The quoted post does NOT apply to this situation at all.

To the OP,

It doesn't matter whether or not you got married within the 90 days, that only matters when applying for AOS. But in your case, AOS doesn't seem likely.

If your I-94 expired, you are OUT OF STATUS and are incurring overstay days. The overstay is forgiven once AOS is approved. But in your case, it is doubtful that it will happen since he pulled his sponsorship/support. Unless you somehow get AOS approved, you will be subject to a ban based on overstay. After 180 days out of status, you are banned for 3 years. After 1 year out of status, you are banned for 10 years. If your I-94 expired in June xx, you have till December xx to leave the US.

You seem to be considering going back to him. Forget the immigration aspect. Do you still love him and want to be with him? You need to answer that question first. You are weighing the immigration aspect more than the fact of whether you actually want to be with him which makes you look like a greencard digger.

Her AOS hasnt been denied yet. How can she be incurring overstay days?

I think its because we filed my AOS after my I-94 expired because we had to wait for the marriage contract. Although we got married within 90 days, my I-94 expired before we filed AOS. It expired for 5 days. Am not sure really if it matters that my AOS has been filed. I don't know if the USCIS cares even if the marriage was bona fide yet we divorced because of his deception.

Once USCIS receives your AOS application even if it is after the I-94 expiry, you are technically not out of status because your application is pending. The only time you will be asked to leave the country is when your AOS is denied.

In your case now, you said your husband withdrew his affidavit of support. Im not sure if he will be getting an official letter from USCIS saying that he withdrew his affidavit of support and/or a letter saying your AOS application has been denied. Im sure other VJ'ers can answer this.

I dont really know if you are cosidered out of status now. Do you have your case number now? why dont you call USCIS maybe you can check to see if the affidavit of support has been withdrawn.

Yes, I already have my case numbers. I guess I'll have to call again and ask the status.

[lmc1968 0]

this is a stretch, but....

"you can submit paperwork DURING THE DIVORCE PROCESS that identifies what he did on filing USCIS affadavits for your supposed 'fraud' and make it part of the DIVORCE PROCEEDINGS that he has to withdraw and/or renig his affadavits for YOUR FRAUD , and have proof of USCIS a) acceptance B) reversal PRIOR to the FINAL DIVORCE DECREE.

I'd stick him with that, make sure the judge has it, prior to PROVE UP day.

Court processes vary by jurisdiction and state, but you should be able to get the addendum made with the Clerk of the Court. "

I think I did him too much favor before with this whole divorce. First off the judge has a pending order for $7 000 a month temporary spousal support but I agreed with what he asked to just wave the spousal support since he would withdraw his nullity based on fraud and would just file divorce, which is what asked in my email to him when i left him. I also said in court I wont contest his divorce because I thought and believed him that he wont screw me up. So I was stupid.

Edited November 3, 2009 by lmc1968

[Darnell 8,480]

hey - any update? Hope all is well !