Wife pulled petition without my knowledge

[VanessaTony 3,567]

The is NO DEADLINE for filing AOS. It is PREFERABLE to do it before the I-94 expires of course to stop going out of status but there is NO DEADLINE. The I-94 date is to get married (and of course dictate whether you are in status or not), that is all.

Edited April 14, 2012 by Vanessa&Tony

[ralphlaw 14]

I just want to say to the OP that you should keep faith and start looking for an attorney. Don't give in to a defeatist attitude until you've given things a go.

A lot of posters will just give you their opinion of the law. They may be knowledgeable but they're not all-knowing.

Do an initial consultation with a few attorneys. To many, even really good ones, initial consultation is free. To others it's under $100. You've spent the last few years pursuing this thing. Don't give up without a fight.

Sit down with an attorney and talk about the ins-and-outs of your case. Take notes. Carry what you've learnt to the next initial consultation. Do this until you're satisfied you're getting a consistent message. Act on your options then.

You've mentioned that working things out with your wife is still an option. It maybe your best one. Bring that up with a professional.

If you want this thing there's always options. It may include leaving. Find out what the next best one is and pursue that next.

[jerryadams 1]

@ralphlaw,

Thank you so much for your practical advice, it means a lot. I am trying to pick up my life and trying to figure out what next to do. I appreciate you and thank you again.

[JimVaPhuong 4,863]

Let us understand the background of this case. This man came on K1 Visa and married the petitioner within 90 days and the Petitioner and the beneficiary applied together for the change of status to permanent residence but on the process of AOS, both of them have misunderstanding and the petitioner decided to withdraw the Affidavit of Support, when the beneficiary found out both got divorce. The questions here becomes whether the withdrawal of the Affidavit of support from the petitioner made him ineligible to apply for the Adjustment of Status. The answer is no. The Laws only permits K1 visa applicant who married their spouse with 90 days of arriving in the US is eligible for Adjustment of Status irrespective of Affidavit of support from the petitioner after wedding or withdrawal of the petition.The law only states for the K1 visa applicants are eligible after marriage to the petitioner who petitioned for them. If petitioner refuses to support him file the AOS, he is still eligible for Adjustment of Status as long as he had married the petitioner on the basis of that case based on Law and it was in good faith. It is left for DHS to review and evaluate the petition before making a determination on that case. Please stop misleading the applicants that needs help. The beneciary is completely eligible in such cases. If he had arrived on B2 Visitors visa or anyother type of visa and married the petitioner in the US,thats when he will not be eligible to adjust status in such situation if the petitioner decided to withdraw the Affidvait of support. Please stop misleading applicants that needs help in such situation. The intent of couple before and after the wedding is essential when evaluating such cases even after 90days of wedding on K1 visa cases before divorce. If a K1 visa applicant can get divorce and still applied for Ajustment of Status, he is eligible based on law, it is left for USCIS to make a final determination on such cases.

Wrong. Adjustment under 245(a) requires a legally enforceable affidavit of support. That minimum requirement has not been met because the primary sponsor withdrew their affidavit of support. This is not related in any way to Choin v. Mukasey. Choin met the statutory requirements when the adjustment of status was filed, and would have been eligible to remove conditions based on the divorce if USCIS hadn't dragged their butts approving her adjustment of status. The OP has not met the statutory requirement to adjust status under 245(a) because section 213A is standing firmly in his way. He has no affidavit of support from the petitioner. Nothing else is relevant here. If the minimum statutory requirements are not met then the application cannot be considered on it's merits.

[Bobby+Umit 161]

The is NO DEADLINE for filing AOS. It is PREFERABLE to do it before the I-94 expires of course to stop going out of status but there is NO DEADLINE. The I-94 date is to get married (and of course dictate whether you are in status or not), that is all.

Actually, IMO, it's a violation of immigration law to ignore the date on the I-94, since that controls your status - indeed, it says so in all the stuff I read about this subject (and the link in my sig says it specifically from the USCIS, as quoted below)

It makes it an "adverse factor". Have enough of those, and your AOS may fail. Adverse factors are taken into account for the AOS. So why chance something you can easily take care of? Why make a long process even harder?

Most people wont have an issue waiting, but it sucks for you if you are one of the minority that gets caught up in it.

Also - as noted before, there are posts where people had issues after waiting 1 to 2 years for the AOS, issues at the airport, issues at road stops, issues with work, travel, etc...

So it would also be, FOREMOST, not PREFERABLE, as you say, to do it before the I-94 expires, so I take that as being the deadline for the filing of the AOS, to avoid any sticky situations that may occur.

Giving people the idea that they can go on after marriage and wait till they are good and ready to send in the AOS is not really a good idea, I believe the push should be, get the AOS done as soon as can, prior to going out of status.

You should know most people, if you give them an easy out, they will take it. How many posts have you seen here where people state "We don't have the money now to do AOS...."?

This isn't rocket science, the costs and methods for AOS are known and out there, it shouldn't be a surprise when people come here on a visa and now have to AOS.

Every lawyer, ICE, CBP agents I have talked (I travel a lot in my job) to have said the same thing, "Protect your status" - as always, this is my opinion, and I that is where I stand on this issue.

But if you disagree with my read on the I-94, and how it's not a violation of immigration law to go past it, please provide links to back that up.

The law is the law, it doesn't go away just because you came here on a K-1, for example, and got married within the 90 days, your still under the obligation of the I-94, and that will never change.

　

A visa is issued by a U.S. consulate or embassy. It allows the person to travel to the U.S. and apply for entry in that nonimmigrant category. The visa is valid for a certain length of time, and the customer may use it to apply for entry while the visa is valid. Having a visa does not guarantee the person will be admitted.

A multiple entry visa is simply a visa that can be used repeatedly to enter the U.S.

A person who is admitted, is granted a particular status based on the visa and is admitted for a specific period of time. Usually the customer is given an I-94 Arrival-Departure record. In the lower right corner, the I-94 shows the nonimmigrant category or other status in which the person was admitted and below that, how long the person is authorized to stay. The period for which admitted often does not match the validity of the visa because the visa serves a different purpose. The I-94 is typically stapled into the customer's passport.

　

A person who violates immigration law can face penalties, including being required to remain abroad for a length of time before being able to return to the U.S., even after they otherwise become eligible for a status.

(source below in my sig - protect your status)

[jerryadams 1]

My I-94 was issued since 2009 when I came into the country. My wife and I got married within one month and we filed for AOS and work authorization. My work authorization was approved in 2010 and in 2011 while my AOS was pending. My wife with-drew her sponsorship without my knowledge in 2011 October and I just found out like in Jan/Feb this year. So, how does the I-94 comes into play here.

Please, I have no idea so I am asking for some pointers. Thanks again.

[vjhelp 0]

how much time do you have left to live in this country after you received the denial notice?