Wife pulled petition without my knowledge

[sachinky 464]

what about if he can get affidavit of support from some one else like a friend or relative and then proves that the marriage was entered in good faith ?

The petitioning USC spouse would still need to provide a signed I-864, even if a co-sponsor came into the picture. Without the USC's co-operation, this is end game.

[forever waiting 11]

A friend of mine were married and applied for AOS, however he left before she received her green card. I thought it wouldnt happen either but an immigration attorney told her based on the time they were married she could go to the interview by herself with her daughter and try her luck. She did, I still didnt think it was possible and I thought this attorney was just taking her money. She passed it, got her 10 year card and eventually became a citizen all this happened in the last three years. Her attorney said if they were married two years and she gave up another life for this marriage they could not send her back, he was right/ I say speak to an attorney. What would it hurt anyway?

[jerryadams 1]

Thanks for the encouragement guys, it means a lot.

[sachinky 464]

There is no AOS without an I-864. PERIOD. Stop feeding the OP misinformation that offers him false hope. Look, I understand people are trying to offer hope but drawing up comparisons between cases that do not have similar circumstances are pointless. In the above case, unless the AOS/I-864 was explicitly drawn -- which you do not say, merely that he "left" her before the GC came through; in that case, it was already pending -- it would be reasonable to believe that the entire thing would go through. The OP's case is dead because the underlying I-864 has already been withdrawn by the petitioning USC spouse, causing the AOS to crash and burn. It is no longer pending, the case is closed and a decision has been made, directly as a consequence of his wife's actions.

[forever waiting 11]

I am not trying to give anyone false hope. Just suggesting that it does not hurt to talk to an attorney. After all, no one here has the experience and knowledge of a good immigration attorney!

[kzielu 1,147]

I am not trying to give anyone false hope. Just suggesting that it does not hurt to talk to an attorney. After all, no one here has the experience and knowledge of a good immigration attorney!

Actually - not sure what good attorney means, but looking at lots of experiences with different attorney, I would say there is plenty of people here more knowledgeable than an average attorney out there.

Edited April 12, 2012 by kzielu

[Dave&Roza 748]

A friend of mine were married and applied for AOS, however he left before she received her green card. I thought it wouldnt happen either but an immigration attorney told her based on the time they were married she could go to the interview by herself with her daughter and try her luck. She did, I still didnt think it was possible and I thought this attorney was just taking her money. She passed it, got her 10 year card and eventually became a citizen all this happened in the last three years. Her attorney said if they were married two years and she gave up another life for this marriage they could not send her back, he was right/ I say speak to an attorney. What would it hurt anyway?

Because the OP does NOT have any GC. He never received his 2 year conditional GC which is what your friend basically did. Also the OP's wife revoked the I-864 and with out the USC you married on the hook with the I-864 you cannot do the AOS. So your freinds situation is completely different than the OP's.

The only thing he has to loose is time and money.

Dave

[VanessaTony 3,567]

I verified with the USCIS and it was denied but I am not in any removal proceedings. So, it appears I have two options:

1. Patch things up with my wife and pray that she doesn't do it again or go crazy on me

2. Count my loses and go back home

I vote for #2. Reason being... you would need to refile the AOS. You're then asking USCIS to approve the AOS even though your wife previously withdrew her I-864 and said who knows what in her letter to them withdrawing it (maybe nothing, maybe something). Your relationship would be under pretty strong scrutiny. She sounds unstable and you don't deserve to live under the stress of wondering "what if".

I am not trying to give anyone false hope. Just suggesting that it does not hurt to talk to an attorney. After all, no one here has the experience and knowledge of a good immigration attorney!

Actually some people do. Some people ARE attorneys. That said we have almost ALL said he can speak to an attorney but to be careful because a lot of them will give him false hope just to take his money.

Edited April 12, 2012 by Vanessa&Tony

[TBoneTX 43,154]

I would say there is plenty of people here more knowledgeable than an average attorney out there.

And if they're trying to give legal advice by associating unrelated cases to the OP's situation, they're practicing law without a license.

[Gary and Alla 3,694]

I agree with the others - your status is "out of" now. She pulled the 864, killing the AOS, so you revert back to the status you had prior to the AOS, which expired after the 90 days of the initial I-94. (so now you are accruing days - which if you go over an 180 days will result in a ban.

The case of the widow (in the cited case above) is different then yours. The sponsor didn't pull the 864, he just died. All the paperwork was in place, so there was the assumption that she would of been given the GC if he didn't die.

That isn't your case - your 864 was pulled. Your now in divorce proceedings.

By all means, seek out an immigration lawyer. However, unless your wife sponsors you, you have no choice to stay - since you came in on a K-1.

There is no means for him to adjust status except through his wife, as pointed out by others, the cited case is not relevent.

He DID get married so while he is out of status he is not accruing days until the time of the denial, at least, and may be not then. There is no particular deadline to file AOS, only to get married and he did that.

I agree he will probably need to leave but I do not think he has incurred a ban as of yet

[Ban Hammer 12,845]

one post removed for unnecessary speculation and another for quoting that post and replying with a personal insult.

do not repeat this behavior.

[jerryadams 1]

Thank you all for all the information. It was really helpful

[Bobby+Umit 161]

There is no means for him to adjust status except through his wife, as pointed out by others, the cited case is not relevent.

As I said in my post - not sure if your agreeing with me or thinking I said the case was revelent, which I did not.

He DID get married so while he is out of status he is not accruing days until the time of the denial, at least, and may be not then. There is no particular deadline to file AOS, only to get married and he did that.

There is a a deadline for the AOS - it's the I-94, that requirement does not go away, even if you get marrried. There is a recent case here where they person didn't timely file the AOS (at all) and now is looking at a ban because they went out of status and wanted to return to the US after leaving. If they had filed in a timely manner, the I-94 time limit would not be in play, even if it was rejected, they would of had time to go back home before 180 day window.

The AOS was denied- so from that date, they start the clock going again (not sure how soon they applied for the AOS prior to the I-94 going out)

I agree he will probably need to leave but I do not think he has incurred a ban as of yet

I agree on the former, but not the latter - the ban clock is ticking, as I said, and if he goes over 180 days, game over.

[jerryadams 1]

Thanks again. All this is so complicated.

Edited April 13, 2012 by jerryadams

[TBoneTX 43,154]

Thanks again. All this is so complicated.

See a good attorney with expertise in family-based immigration law, and tell us what he says, si man.