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david2012

wife left before aos interview coming up, what to do?

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hello,to make the story short, my wife left with another guy a month ago, and her aos interview is coming up in a week, please tell me what should i do? i want to withdraw this AOS as a petitioner, also after i withdraw it, will i be able to petition someone else out of the country ever again? the interview is in calfornia, but i am currently in another state, can i go to a local uscis office in the state that im in right now along with the interview letter and tell them what's going on ? please help me please i am stuck

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hello,to make the story short, my wife left with another guy a month ago, and her aos interview is coming up in a week, please tell me what should i do? i want to withdraw this AOS as a petitioner, also after i withdraw it, will i be able to petition someone else out of the country ever again? the interview is in calfornia, but i am currently in another state, can i go to a local uscis office in the state that im in right now along with the interview letter and tell them what's going on ? please help me please i am stuck

assuming you've been married only a few months prior to the aos application, and if you have proof that she left with another guy, then you can certainly let the uscis know soonest through a complaint saying that your marriage is no longer viable and that she married only for a gc (left you after filing for aos)

and then without telling your wife, you can show up at the interview and let the interviewer know what happened

why are you in another state? any problems before she left? arguments lately? did she suddenly leave? how did you know she's w/another guy?


I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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yes she is awared of it and didnt even care about it

are you sure she doesn't care about it? what if she just gave you the impression she's not but will go ahead with it and just wants to make sure you won't be at the interview to "tell on her"


I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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Really sad to know about you....

You should be thankful to GOD that all these happened before her AOS interview. When she has cheated you why you will help her in anyways....you should have informed the USCIS right at the moment she turned away with another guy....I guess you should appear in interview alone and let them know the whole episode and I am sure there must be someone waiting for you much much better than her....


5rxtatibhzrw.png

Marriage: 2011-2-09

I-130 Sent : 2011-04-18

I-130 NOA1 : 2011-04-28

I-130 Approved : 2011-07-20

NVC Received : 2011-08-08

Received DS-3032 / I-864 Bill : 2011-08-30

Pay I-864 Bill: 2011-09-01

Receive I-864 Package : 2011-09-05

Return Completed I-864 : 2011-09-05

Return Completed DS-3032 : 2011-09-02

Receive IV Bill : 2011-09-07

Pay IV Bill : 2011-09-07

Receive Instruction Package : 2011-09-07

Sent Completed DS-230 Package: 2011-09-07

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You cannot withdraw the AOS application but you CAN and SHOULD withdraw your I-864 asap. This will cancel the AOS application (as it's not possible for the AOS to go through without it). Go to whatever office you can get to ASAP and withdraw your I-864 in WRITING. Also include a letter and any evidence you have of her affair and leaving you.

If she attends alone she is denied. He HAS to attend in order for it to be approved.

I would be VERY careful that she doesn't try and claim abuse and get a GC that way. For that reason I would report to ICE that she left you for someone else and that you believe you were being used for a GC. NEVER be alone with her.

thank you so much, i have made an infopass appointment in the current state that im in right now because i've been working here, after i withdraw my i-864, and go through all this, will i be able to petition someone else ever again??? also what about divorce, can i do that without her and how? please help me

Edited by david2012

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Please follow Vanessa and Tony's advice. It is the best thing you can do.

While it is better that you find out before she receives her green card that she was not serious about the relationship than after, still it must hurt a lot. I am so sorry that you are having to go through this. You can certainly make an Infopass appointment for the USCIS officer near you and present them with your information, but you won't be able to attend the interview at that office. You would only be able to do that in the scheduled USCIS office. Going in person is certainly one way to let USCIS know but I would also notify them in writing that you are officially withdrawing the Affidavit of Support based upon desertion of your wife from the marriage.

The circumstances about the relationship are no one's business but your own and have no bearing on the best advice to offer here. You do not need to go into a discussion of them here even if people ask. Try not to be alone in her presence until after the AOS is denied for lack of a sponsor and you have had a chance to advise USCIS of her actions. She may not realize now that she needs you to remain in the US legally but she might very well learn that soon and try to come back long enough to get the green card or to set up circumstances where she could file for a VAWA claim.

Again, I am so very sorry this has happened to you.

Edited to add, yes, you can get a divorce. Talk with a family lawyer about the best means to do so, especially if you don't know where she is.

Yes, you will be able to file for another fiancee or spouse in time. You will need to provide all of the information about this situation, so do keep all of the paperwork for now as you will need to refer to it if you do find someone else in the future.

thank you so much!! do i need to notarize the letter to withdraw the 864? is there a form to withdraw or i just write a letter and sign my name?

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, will i be able to petition someone else out of the country ever again?

Yes, after you get a divorce, you can.

There may be some waivers involved - but no real issues.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Depending on your state you may be able to get an annulment instead of a divorce if the qualifications exist. Fraud is usually one of them.


K-1 Journey

03-03-2011 - Mailed I-129F application.

03-06-2011 - Packet received in Texas.

03-23-2011 - NOA1 received in mail, dated 03-09-2011.

05-31-2011 - RFE requested. They want better passport pictures of me.

06-06-2011 - Additional passport pics sent.

06-08-2011 - Evidence received and acknowledged. Whew!

06-16-2011 - NOA2 received!

07-20-2011 - Packet 3 Received!

08-01-2011 - Packet 3 returned to Embassy.

08-22-2011 - Packet 4 Received!

09-19-2011 - Interview...APPROVED!

09-23-2011 - Visa in Hand

09-29-2011 - POE LAX

11-11-2011 - Wedding at 11:11pm GMT time.

AOS Journey

12-02-2011 - Mailed in AOS/EAD/AP paperwork.

12-05-2011 - Delivery confirmation per USPS.

12-27-2011 - (3) NOA I-797C received, dated 12-20-2011. Biometrics appt set.

01-10-2012 - Biometrics.

01-20-2012 - Notified of interview appointment for 2-21-2012.

01-31-2012 - EAD and AP approved.

02-08-2012 - EAD/AP card received.

02-21-2012 - AOS interview approved. EAD/AP card confiscated.

03-01-2012 - Green Card in hand!!!

364 days total time!

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