No response from USCIS about my withdrawing my Aff of Support?

[yailukmuu 26]

Short story: Fiancee arrived November 15th on K-1. We married December 3rd. Received notice of acceptance by USCIS of Adjustment of Status on the 7th. On Jan 8th, about 15 hours after notice from USCIS my spouse simply left and moved to Arizona to be with her sister (illegal). Yup, gone, no reason, no tears, just a polite "thank you" at the airport. End of story. And yes, life was great right up until a few hours after notice of receipt by USCIS was received. And yes I had visited Cebu twice, spend about 6 weeks with her and her family. Don't think for a second that this was anything but extremely well planned and clever, and no, I believe that other than the illegal sister here in the US--they haven't a clue, just as I did not have one.

Ok--I got screwed, 'nuff of that. It was done so cleverly (apparently coached) I believe that you would have been also, even in hindsight there were no really noticeable red flags. So please let that be. Divorce in progress.

Question:

On January 15th I sent USCIS, by traceable mail a letter asking to withdraw my Affidavit of Support.

On January 27th I did an Infopass meeting locally, and handed the same withdrawal of Affidavit of Support. The USCIS agent said it was routine, and that I'd get confirmation within three weeks.

Three weeks passed yesterday.

Who/Where/How to follow up? Phone number? Or should I make a new follow-up Infopass meeting? It's an hour and a half drive but naturally, I'm willing to do it.

Also what's the time frame for completion of Adjustment of Status considering receipt by USCIS on the 7th.

What a frightening thought that somehow she might actually get a Green Card under such circumstances.

Thanks.

Edited February 18, 2014 by yailukmuu

[baron555 934]

If she moved to another address, the GC will only be sent to the address you listed as her residence....which is probably yours.

If you do get it in the mail, simply return it, certified and insured with another notarized letter withdrawing the AOS.

[yailukmuu 26]

Thank you but she was an exceptionally bright woman. I have no doubt that any necessary change of address has already been made.

Bright except that I think that she was under the misunderstanding that once USCIS accepted the AOS she was free to dump me, and didn't realize that I could withdraw my Affidavit of Support.

Is there not someplace that I can call to follow-up on on my withdrawal, to make sure that it gets processed?

Edited February 18, 2014 by yailukmuu

[Pitaya 2,577]

~Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed in this forum, past K-1~

[Eric-Pris 1,602]

First, it's not illegal for your wife to move out of your home and move to another home. You're in kind of a tough place as you've already filed for AOS and along with that filing you provided the I-864, which legally binds you to providing support to her until:

1. She abandons residency in the US

2. Becomes a US citizen

3. Accumulates 40 quarters of legal work in the US

It would be a good idea for you to discuss this with an immigration family attorney so that you can protect yourself. I'm pretty sure that you MUST submit your request to withdraw in writing.

In a tough place??? There's nothing tough about it. It's called abandonment when your wife moves out of your house. I don't think he should waste any more money on this by getting an attorney. Just keep following up on the withdrawal of AOS.

OP- I would definitely make another infopass to follow up. But first try calling USCIS 800 number. I know it's usually worthless since all they do is read from their screens like robots, but maybe it'll save you a few hours driving.

Once you have confirmation that the AOS is dead, you should make a call to ICE informing them of 2 illegals in Arizona. Do you know the address?

[dwheels76 5,463]

First, it's not illegal for your wife to move out of your home and move to another home. You're in kind of a tough place as you've already filed for AOS and along with that filing you provided the I-864, which legally binds you to providing support to her until:

1. She abandons residency in the US

2. Becomes a US citizen

3. Accumulates 40 quarters of legal work in the US

It would be a good idea for you to discuss this with an immigration family attorney so that you can protect yourself. I'm pretty sure that you MUST submit your request to withdraw in writing.

This isn't true until the adjustment is approved he has wiggle room but he has to stay on it and I would do another INFOPASS call my senator (I bet that's a new one for them to stop immigrant).

But you are doing the right thing. And please don't beat yourself up about it. It hurts like hell and this too will pass, but now no tears lets get this done. All smiles.

Edited February 18, 2014 by dwheels76

[Eric-Pris 1,602]

Thus, if you enter into a bona fide marriage, but unfortunately the US citizen spouse dies, or the marriage ends in divorce before the USCIS makes a decision on the application for K1 adjustment of status, don't panic. The 9th Circuit's holdings in Freeman vs. Gonzalez and Choin vs. Mukasey may save you from deportation and allow you to adjust your status to permanent resident.

Bona fide marriage?.... I'd say that somebody who gets up and leaves with no reason 1 day after receipt of the AOS case is pretty clearly not in a "bona fide marriage". You disagree?

Edited February 18, 2014 by Eric-Pris

[Merrytooth 5,748]

OP has been correctly advised to pull the I-864 and notify the USCIS accordingly.

By doing so, his wife AOS won't be approved without any Affidavit of Support.

He could also be on the hook if she claims any kind of abuse.

On the hook for what? His wife could file for VAWA as she wishes if she could prove any kind of abuse and must show a bona fide marriage on top of that

[Sandra G. 5,025]

CNTRAV all information you gave are wrong, first off he needs just to withdraw the affidavit of support and done, he won't responsible for anything,anymore.

If she files Vawa based that" she was abused", he is not financially responsible either,since Vawa filers file I-864W. He doesn't need to see any attorney,despite I am one, he just need to withdraw the affidavit.

[SteveXXJuliet 27]

He could also be on the hook if she claims any kind of abuse.

Nah, too late now for that. I tracked her, found her living with the illegal alien sister, my lawyer has already served divorce papers, she has already responded... to claim abuse now would be sort of ludicrous.

Not saying that it couldn't happen but it no longer seems a real option for her.

Trust me for weeks the thought of a fake VAWA claim worried me.

[SteveXXJuliet 27]

In a tough place??? There's nothing tough about it. It's called abandonment when your wife moves out of your house. I don't think he should waste any more money on this ###### by getting an attorney. Just keep following up on the withdrawal of AOS.

OP- I would definitely make another infopass to follow up. But first try calling USCIS 800 number. I know it's usually worthless since all they do is read from their screens like robots, but maybe it'll save you a few hours driving.

Once you have confirmation that the AOS is dead, you should make a call to ICE informing them of 2 illegals in Arizona. Do you know the address?

Yes Eric, I do though she is not illegal, remember she can stay 180 days beyond her Visa allowance and incur no penalty.

Also, I have learned that it is very wise to think about revenge. I've always liked the Chinese proverb: "Before seeking revenge, first dig two graves."

In my small state of NH, there are over 10,000 illegal aliens working this week. As CN-Trav has said, there's no law preventing her from moving out, if only because fraud in this case is not provable. But I'm aware of my options.

[Eric-Pris 1,602]

OP- are you using 2 handles? yailukmuu or SteveXXJuliet?

The first post was under a different handle.

In any case, good luck and hope the can't cause you any more grief than she already has.

Edited February 18, 2014 by Eric-Pris

[Darnell 8,478]

Short story: Fiancee arrived November 15th on K-1. We married December 3rd. Received notice of acceptance by USCIS of Adjustment of Status on the 7th. On Jan 8th, about 15 hours after notice from USCIS my spouse simply left and moved to Arizona to be with her sister (illegal). Yup, gone, no reason, no tears, just a polite "thank you" at the airport. End of story. And yes, life was great right up until a few hours after notice of receipt by USCIS was received. And yes I had visited Cebu twice, spend about 6 weeks with her and her family. Don't think for a second that this was anything but extremely well planned and clever, and no, I believe that other than the illegal sister here in the US--they haven't a clue, just as I did not have one.

Ok--I got screwed, 'nuff of that. It was done so cleverly (apparently coached) I believe that you would have been also, even in hindsight there were no really noticeable red flags. So please let that be. Divorce in progress.

Question:

On January 15th I sent USCIS, by traceable mail a letter asking to withdraw my Affidavit of Support.

On January 27th I did an Infopass meeting locally, and handed the same withdrawal of Affidavit of Support. The USCIS agent said it was routine, and that I'd get confirmation within three weeks.

Three weeks passed yesterday.

Who/Where/How to follow up? Phone number? Or should I make a new follow-up Infopass meeting? It's an hour and a half drive but naturally, I'm willing to do it.

Also what's the time frame for completion of Adjustment of Status considering receipt by USCIS on the 7th.

What a frightening thought that somehow she might actually get a Green Card under such circumstances.

Thanks.

Another infopass and

mail the letters again,

to the address listed in each receipt notice that you've gotten after filing the AOS set. First Class Certified Mail with signature, IMO, is perfectly fine.

[SteveXXJuliet 27]

It's not for me to agree or disagree. That's for the court to decide after they've heard the evidence. That's why I suggest he get an attorney.

Her trying to use the Court doesn't seem likely in this case, for a number of odd reasons. Note, I say likely, not impossible.

Some of the odd facts:

My spouse did not believe I could find her. All I knew was "Phoenix, AZ"

But I did, I tracked sis's phone, found the location ~8 square miles in Surprise, Az. Found the name of the owner of the phone which was a reverse and corrupted version of reality. Then using house sale/purchase found a sale + purchase (nice, too +$25,000 for flipping) in that area, the sale/purchase gave me true names and current address. Can you say "Surprise?"

Sis, apparently lives with husband, I'm told both are illegal.

Sis travels back and forth to Cebu annually, each time buying a house or land. (3 houses + 1 parcel of land in Bohol/4 years--not bad)

Sis was purportedly working as an LNA, but AZ's Board of nursing, (public info) shows that sis has failed the LNA exam 4x.

Things fall into place--I remembered that sis was paying for brother's auto mechanic training and had promised brother entry into the US on a work visa.

Let's look at the above.

My theory is simple: Sis hold's a purchased H1-B. Sis believes that she can purchase an illegal H1-B for brother from the same source. Why? Because sis doesn't even have the skills of an LNA, meaning sis has no eligible H1-B skills. How else can someone "illegal" (which is how my spouse put it) travel back and forth to Cebu? Answer: Purchased H1-B. How else could sis tell brother that he could come to the US? Again the only answer is illegal (purchased) H1-B. Hey a few years ago the going rate was a paltry $2500 for 3 years. Maybe sis hold's a "Health Alimentary Elimination Supervisory Engineer" H1-B (= bed pan emptier and butt wiper).

So if I were to complain to ICE, perhaps complaining about my spouse is not the way to go.

The reality: I simply want her to divorce me, and return home, if she does that I'll even pay for the ticket. If not...

Place yourself in the above position, if true (and I can think of no other explanation) the family's whole house of cards could collapse.

[yailukmuu 26]

Oops...sorry I had two accounts open...

I now use yailukmuu, StevexxJuliet is the account I opened just after she left.

This account actually is a very old account that I resurrected. Yailukmuu means "big pig." Way back I had a Thai gf and we were to be married, but the birth father of her child, to accommodate grandparent's wishes forbade the child's removal from Thailand. Thailand's embassy is very unlike Manila--In Thailand, you get birthparent permission--or the child never leaves.

I'm not trying to pull a fast one and will extinguish the StevexxJuliet as it's nasty to now even think of the name combination. Originally it was Juliet and Steve (careful--there is an unrelated account named Steve and Juliet.

I opened that account after CN Trav posted, to go back and look at what was said way back immediately after she left.

Sorry about the confusion.