Wife pulled petition without my knowledge

[jerryadams 1]

Hi Everyone,

I came across this site by chance and I have been reading several posts. Some good, some bad. I am writing because I am in a predicament and will appreciate any help/advice I can get now so I can know what to do.

I came to the US on a K1 visa in 2009 and got married to my wife who is a US citizen within 30 days. We applied for the I-765 & I-485. My I-765 was approved in a few months and my AOS was pending. We stayed in a small city in MI and started building our lives together. It was difficult adjusting to the weather and finding a job. I discovered my wife had an anger problem, she screamed, shouted and threw things at me. I stayed because I believe we could work things out.

To cut the long story short, my wife with-drew the AOS petition without my knowledge in late 2011. When I re-applied to renew my EAD, it was denied because she with-drew the petition. I loved my wife, took care of her and did everything to make her happy. I asked her why she with-drew it and she said that she was angry at me one time and wasn't thinking straight. I felt so hurt and disappointed. At the moment, we are getting a divorce because it has broken the trust in our relationship.

I am writing to ask what my options are: I confirmed from the immigration and the petition was withdrawn. I am not in removal proceedings but I want to be sure what my options are. I came in legally, got married, took care of my wife, paid my taxes and have done everything right until this. I will appreciate any advice at this point. Thanks

[theunknown 5]

Hi Everyone,

I came across this site by chance and I have been reading several posts. Some good, some bad. I am writing because I am in a predicament and will appreciate any help/advice I can get now so I can know what to do.

I came to the US on a K1 visa in 2009 and got married to my wife who is a US citizen within 30 days. We applied for the I-765 & I-485. My I-765 was approved in a few months and my AOS was pending. We stayed in a small city in MI and started building our lives together. It was difficult adjusting to the weather and finding a job. I discovered my wife had an anger problem, she screamed, shouted and threw things at me. I stayed because I believe we could work things out.

To cut the long story short, my wife with-drew the AOS petition without my knowledge in late 2011. When I re-applied to renew my EAD, it was denied because she with-drew the petition. I loved my wife, took care of her and did everything to make her happy. I asked her why she with-drew it and she said that she was angry at me one time and wasn't thinking straight. I felt so hurt and disappointed. At the moment, we are getting a divorce because it has broken the trust in our relationship.

I am writing to ask what my options are: I confirmed from the immigration and the petition was withdrawn. I am not in removal proceedings but I want to be sure what my options are. I came in legally, got married, took care of my wife, paid my taxes and have done everything right until this. I will appreciate any advice at this point. Thanks

I think its better to see immigration lawyer at this point this is your best option now.

[Dave&Roza 748]

Hi Everyone,

I came across this site by chance and I have been reading several posts. Some good, some bad. I am writing because I am in a predicament and will appreciate any help/advice I can get now so I can know what to do.

I came to the US on a K1 visa in 2009 and got married to my wife who is a US citizen within 30 days. We applied for the I-765 & I-485. My I-765 was approved in a few months and my AOS was pending. We stayed in a small city in MI and started building our lives together. It was difficult adjusting to the weather and finding a job. I discovered my wife had an anger problem, she screamed, shouted and threw things at me. I stayed because I believe we could work things out.

To cut the long story short, my wife with-drew the AOS petition without my knowledge in late 2011. When I re-applied to renew my EAD, it was denied because she with-drew the petition. I loved my wife, took care of her and did everything to make her happy. I asked her why she with-drew it and she said that she was angry at me one time and wasn't thinking straight. I felt so hurt and disappointed. At the moment, we are getting a divorce because it has broken the trust in our relationship.

I am writing to ask what my options are: I confirmed from the immigration and the petition was withdrawn. I am not in removal proceedings but I want to be sure what my options are. I came in legally, got married, took care of my wife, paid my taxes and have done everything right until this. I will appreciate any advice at this point. Thanks

Do you have your 2 year GC? Was it AOS or ROC that she withdrew or the I-864? If you have your 2 year GC, then you are about due to file ROC. As the marriage is ending you will need to file the ROC with a waiver and prove the marriage was entered into in good faith. To not file ROC will cause your GC to expire and you will be deportable once the GC expires. If you never received the 2 year GC, I am not sure what your options are at this point.

Good luck,

Dave

Edited April 11, 2012 by Dave&Roza

[jerryadams 1]

No, my AOS/I-485 was pending before she withdrew it. No, I didn't have a green-card as it was pending before she with-drew it.

[keyshawn18 52]

So what is your current status?

[NigeriaorBust 4,087]

You have no way to stay really. You never gained permenant resident status, Your EAD technically became invalid when the underlying AOS petition was withdrawn ( so you may have accidentially accured unauthorized working ) You don't have a VAWA case as there are no reported abuse and for a man being yelled at isn't likely to be accepted. If the marriage is dead then I think you will have to leave. Because you came on a K1 and never got a green card the law is written that you can't adjust status based on another petition ( I am not implying you are in another relationship but if one happened it wouldn't help )

[Karee 4,189]

Unless there's some violence from her toward you, I'd suggest looking at the cost of plane tickets to go back home. Sorry, without the AOS complete you are out of luck.

[jerryadams 1]

The reply from the USCIS about the denial said it was denied because she with-drew it and that I may become a public charge (whatever that means). So, I really don't know my status right now. I didn't come to the States seeking immigration benefits, I never claimed my wife abused me even though she was a violent person.

My question to this forum is what are my choices if any. I appreciate your input and advice so far.

@NigeriaorBust: Thanks for your input, you said that the law is written that one can't adjust status based on another petition. Can you provide additional details i.e. web links, documents. Thanks again.

[Penguin_ie 5,984]

Are you sure she withdrew it in 2011? Can you give us the exact wording you got from USCIS about the denial, with names and case numbers XXX's out? It seems very strange that your AOS was pending for 2 years, from 2009 when you married to 2011 when she pulled her affidavit of support.

If you indeed never got AOS then the others are correct, you cannot stay.

[ceadsearc 515]

If you never received a green card - presumably she pulled her affidavit of support - there is nothing you can do. K-1s can only adjust through marriage to the original petitioner (or VAWA if you were abused and can prove it).

[jerryadams 1]

Thanks Guys,

I really appreciate all your input and advice. Thank you and God bless you.

[NigeriaorBust 4,087]

K1 adjust ruling Here is the part you are asking for See page 4 of 8

[jerryadams 1]

Thank you, it answers my question.

[Sandra G. 5,016]

How did the motion answer your questions? because is crystal clear the Class Member in Hootkins v. Chertoff did not define a classe that applies to you. The First Circuit concluded that widows spouses maintain the ability to file a petition for adjustment of status in which an I-485 application was not filed prior to the U.S. citizen spouse's death. You are not a putative Class Member In Hootkins v. Chertoff because your petitioner is ALIVE. The Ninth and Sixth Circuit decided the Class Hootkins applies equally to those cases as well. IT'S NOT YOUR CASE! Forget about it!!!!!.

Edited April 11, 2012 by sandranj

[Nijabound 2]

Hi Everyone,

I came across this site by chance and I have been reading several posts. Some good, some bad. I am writing because I am in a predicament and will appreciate any help/advice I can get now so I can know what to do.

I came to the US on a K1 visa in 2009 and got married to my wife who is a US citizen within 30 days. We applied for the I-765 & I-485. My I-765 was approved in a few months and my AOS was pending. We stayed in a small city in MI and started building our lives together. It was difficult adjusting to the weather and finding a job. I discovered my wife had an anger problem, she screamed, shouted and threw things at me. I stayed because I believe we could work things out.

To cut the long story short, my wife with-drew the AOS petition without my knowledge in late 2011. When I re-applied to renew my EAD, it was denied because she with-drew the petition. I loved my wife, took care of her and did everything to make her happy. I asked her why she with-drew it and she said that she was angry at me one time and wasn't thinking straight. I felt so hurt and disappointed. At the moment, we are getting a divorce because it has broken the trust in our relationship.

I am writing to ask what my options are: I confirmed from the immigration and the petition was withdrawn. I am not in removal proceedings but I want to be sure what my options are. I came in legally, got married, took care of my wife, paid my taxes and have done everything right until this. I will appreciate any advice at this point. Thanks

Despite the divorce, he is still entitle to apply for the Adjustment of Status on his own since he came on K1 visa. I disagreed with the people that posted that he would not be entitled to adjust status. The case of Choin and Mukasey is an eye opener for every applicant that came on K1 Visa. Please view this site and look for an immigration Attorney that will work with you through out the entire process. http://www.visapro.com/Immigration-Articles/?a=1169&z=36. Please before you post anything as an advice to any applicant that needs help, always search for the recent immigration amendments in such cases to avoid misleading the applicant. US Immigration Laws is changing everyday, If he can demostrate that he enters the marriage in good faith, his permanent residence is certain without any hinderance.