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Posted (edited)

My spouse came on k1 fiance visa got married withen 90 days, submitted I485 and I864. Marriage didn't work out. send a notarized letter to the service center processing the case (case still pending) to disavow my affidavit of support i-864.

My question is do I have to send a letter to the center that approved her I-129F application to disavow any thing? Please help or advice? Or is sending a letter to the center processing AOS I-485 form enough?

Does I-129 F hold any weight or it's a visa that is already used and expired and thus no need to withdraw/disavow?

Edited by vjhelp
Filed: Citizen (apr) Country: Mexico
Timeline
Posted

My spouse came on k1 fiance visa got married withen 90 days, submitted I485 and I864. Marriage didn't work out. send a notarized letter to the service center processing the case (case still pending) to disavow my affidavit of support i-864.

My question is do I have to send a letter to the center that approved her I-129F application to disavow any thing? Please help or advice? Or is sending a letter to the center processing AOS I-485 form enough?

Does I-129 F hold any weight or it's a visa that is already used and expired and thus no need to withdraw/disavow?

A letter withdrawing your I-864 is all that is needed. The I-129F was just a petition that allowed your foreign fiance(e) to apply for the K-1 visa. That is a done deal now and has nothing to do with the current I-864 you are withdrawing.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted (edited)

If the spouse seperates in order to file for divorce...Does immigration consider this as abandanment of support of not fulfilling the affidivat of support obligations? The petitioner is willing to provide living room and board till the divorce happens.

Edited by vjhelp
Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

[if you need to separate physically to meet your state's requirements for filing for divorce (for example), that's separate from USCIS processes. If I were you, I'd take a copy of the letter that you sent, set an InfoPass appointment, and show it to the officer in person. This will ensure that it's entered in the databases where it needs to be entered -- or confirm that it has been entered -- and you'll be off the hook as far as USCIS is concerned. What happens between you and your soon-to-be-Ex is then between you and her.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Posted

VAWA based on extreme creulty. I'm reading online that a person can file extreme creulty and win VAWA. BAsically it is all verbal just staing things like your husband was controling, he called you names, no bank accounts were opened together, husband listening to her phone calls to family....and treatening to call the police deport her.

My concern is doesn't INS know these type of things are easy to make up for any human in their idle mind and get affidivits from family members and file for extreme creutly.

Every one can just make all those things and tell INs hey I was victim of extreme creulty.

Need input.....IF this thing is just making those statements then I think everyone qualifies for it and should win the case.

VAWA is just a tool for spouses to grab and look for green card if marriage don't work.

Filed: AOS (apr) Country: Brazil
Timeline
Posted

VAWA based on extreme creulty. I'm reading online that a person can file extreme creulty and win VAWA. BAsically it is all verbal just staing things like your husband was controling, he called you names, no bank accounts were opened together, husband listening to her phone calls to family....and treatening to call the police deport her.

My concern is doesn't INS know these type of things are easy to make up for any human in their idle mind and get affidivits from family members and file for extreme creutly.

Every one can just make all those things and tell INs hey I was victim of extreme creulty.

Need input.....IF this thing is just making those statements then I think everyone qualifies for it and should win the case.

VAWA is just a tool for spouses to grab and look for green card if marriage don't work.

There is a growing concern regarding how VAWA and the immigration process needs to be re-examined. Indeed there is a grave concern regarding that fact that it may be used as a "tool" for green card.

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

 
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