It aint working...need to move on

[quiet hmbre 0]

Sorry to have write this post, but I've reached the point in which I need to end this marriage.

Please help by providing guidance on what steps I need to take and what will happen.

This is our situation: I am the US citizen and sponsor for my wife and her two children ages 19 & 20.

Two weeks ago they received their EAD and they all have their social security numbers. We received a letter

that their interview for the green card was scheduled for August 23, then we received letters that due

to unforseen circumstance the interviews have been cancelled. We are waiting for the green cards and/or

notification of the interview for the green card.

What steps do I need to take now that I have decided that this marriage should not continue.

Thank you for your help.

[Boiler 43,429]

Withdraw your petition, appoint a divorce lawyer.

[JimVaPhuong 4,863]

Withdraw your petition, appoint a divorce lawyer.

He can't do that. The only petition he submitted was an I-129F. That petition was approved, and the visa was issued and used. The AOS and EAD petitions were submitted by his wife and her kids. Only they can withdraw them.

What he CAN do is withdraw the affidavit of support. That will dead-end the AOS petitions, unless she decides to go the VAWA route.

Mr. Hombre, as mentioned above, you need to send a letter to the USCIS office that has your wife's AOS petition and withdraw the affidavit of support. Do this immediately. Once the AOS is approved then your affidavit becomes binding, and you won't be able to withdraw it anymore.

Second, separate yourself from your wife. Her only option for adjusting status without you is a VAWA petition. That would mean accusing you of abuse. She can get the evidence relatively easily just by calling the cops, and she can ruin your life in the process. She can't do that if you aren't around.

Third, hire a divorce lawyer.

[Brad and Vika 129]

Moved topic, as the OP seems to be asking how to end the process rather than about the GC issues.

To the OP, if there still needs to be an interview, I think you can stop the green card process by writing USCIS and contacting the field office. If the cards are issued, I think all you can do is proceed with a divorce and hope they move on without you. Either way, you might make an infopass appointment and go to the field office immediately. We found that office much more helpful than the call center or email solutions. Good Luck!

Edited August 15, 2010 by Brad and Vika

[quiet hmbre 0]

He can't do that. The only petition he submitted was an I-129F. That petition was approved, and the visa was issued and used. The AOS and EAD petitions were submitted by his wife and her kids. Only they can withdraw them.

What he CAN do is withdraw the affidavit of support. That will dead-end the AOS petitions, unless she decides to go the VAWA route.

Mr. Hombre, as mentioned above, you need to send a letter to the USCIS office that has your wife's AOS petition and withdraw the affidavit of support. Do this immediately. Once the AOS is approved then your affidavit becomes binding, and you won't be able to withdraw it anymore.

Second, separate yourself from your wife. Her only option for adjusting status without you is a VAWA petition. That would mean accusing you of abuse. She can get the evidence relatively easily just by calling the cops, and she can ruin your life in the process. She can't do that if you aren't around.

Third, hire a divorce lawyer.

I have told my wife of my intent to inform USCIS of our intent to divorce and that the response will be that she will have to leave the country in roughly 30 days.

Is this basically correct? So far my wife is not fighting my decision to end the marriage and has accepted returning to her native country. I have a feeling returning to her country is what she has wanted and may feel that adjustment to life in the USA is too overwheming. At any rate, I do not see removing myself from my household as a viable option and could possibly open myself to abdonment. Clearly the first thing I need to do is withdraw my affidavit of support, and then I am really interested in what USCIS will do. Thank you!

[JimVaPhuong 4,863]

I have told my wife of my intent to inform USCIS of our intent to divorce and that the response will be that she will have to leave the country in roughly 30 days.

Is this basically correct? So far my wife is not fighting my decision to end the marriage and has accepted returning to her native country. I have a feeling returning to her country is what she has wanted and may feel that adjustment to life in the USA is too overwheming. At any rate, I do not see removing myself from my household as a viable option and could possibly open myself to abdonment. Clearly the first thing I need to do is withdraw my affidavit of support, and then I am really interested in what USCIS will do. Thank you!

USCIS is required to continue processing the AOS application as if the affidavit had never been submitted. Without an affidavit of support, the AOS petition is not approvable. It will be denied. Since she entered on a K1, the denial letter will tell her she's got 30 days to file an appeal or leave the US, or they will begin removal proceedings against her.

Abandonment means ending support, and it's generally only a crime if there are minor children involved whom you are legally obligated to support. That doesn't sound like the case here. You can separate from your wife and her kids without being accused of abandonment. I don't know the situation between you and your wife, nor what her intentions are, but a determined alienated spouse can literally ruin your life in the pursuit of evidence for a VAWA claim. Only you can decide whether you need to take any action to protect yourself. I'm just warning you that it does happen.

[Leedah 22]

I would suggest writing a letter (certified with return receipt) to USCIS detailing why you are pursuing the route you have taken and notify them that your wife is in agreement with going back home. Have her sign the letter and get it notarized. The notary will require you both to show your ID to avoid questions of identity validation issues in the future. If your wife is really ready to go back home, this is when you will know the real deal. If this is not the case and she won't sign anything, I highly recommend drawing up some sort of support maintenance agreement for her which details that you are willing to support her until you two are divorced but won't stay with her out of protection for yourself. This is very important since she could very well see that you are serious about moving forward with the removal process and she may file a VAWA claim on you behind your back. Not good.

Also, she is perfectly able to file form I-243 which basically request USCIS to remove her and send her home. Here is the actual form >> http://www.uscis.gov.../form/i-243.pdf

Once she leaves the country, the affidavit of support is voided and you are under no other obligations as far as immigration is concerned.

It is advisable to protect yourself as much as possible and during this time, I would suggest you have other people around as much as possible in case she decides to call the police and say that you harmed her in any way. (that happens more than you know and sometimes the alleged aggressor is usually unaware the police are in route. These are the classic ways the VAWA claims are filed. Goading you into arguments about trivial things in order to call the police and get abuse documentation.

You might want to take into consideration that your wife's son's may not want to go back home and could make trouble for you just to say, unbeknownst to their mother.

Good luck!

Edited August 15, 2010 by Leedah

[Boiler 43,429]

Just get a ticket for the next flight, she does not need to be here for the divorce.

[Harsh_77 716]

Also if it your house, then you can ask her to move out of there. I think all Jim was saying was she can call cops on you anytime saying u are abusing her or hitting her and that can create problems.

I think what Jim is saying is you 2 should be living in a different household, if she has any family or friends in country she can move out with them.