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

[yailukmuu 26]

alternatively, it might have been a bona fide marriage, but not a good faith marriage...

Yup, bona fide as legally done, yes. Annulment is not an option in this state by the way.

Good faith... well I meant it when I said: "...till death do us part," maybe she thought it was: "...till acceptance of AOS, do us part."

[doug/sherry 26]

So she did a VAWA claim almost a year later? Yikes.

Yes she did....and I tried to find out what her claim was and they wouldn't even respond to me.

I did find out later that VAWA claims are sealed and I will never have any idea what her claim

entailed.

[yailukmuu 26]

You have to remember that the initial stage of the AOS is processing, there has to be biometrics,

interview etc.... so removing the I-864 is possible. My recommendations is be certain that the

I-864 has been withdrawn before you go to court. Because, if you go to court they could decide

if its still valid or not and if you have anything in writing that its been withdrawn you have

that much of the battle won. The judge in my case didn't have any clue on what an I-134 was

and proving to him that its a non enforceable document was very hard to do. On the I-134

I had written that all contributions were subject to marriage. Thats the only part that saved me

in the divorce. Because she was expecting me to support her.

Different Court. Small Claims Court would look only at the issue at hand--no other issue is material and would not be considered. The only way the Court would consider it if, for instance, she could prove that I owed her money. Let's say that she could prove somehow that I owed her $500. In NH the defendant could ask for the right of set-off. If the $500 debt was provable (note: it could not be a hypothetical future debt) the Court would matter-of-factly grant the set off leaving me owed by her the remainder. Again, she must appear for the hearing, or hire a lawyer.

LOL unfortunately lawyers who win don't operate on opinions and asking others to prove their opinions wrong, they operate under laws, and court president. He could advocate, but he'd be one of the advocates the judges laugh about outside the courtroom.

Caryh! Go stand in the corner until you learn how to play properly.

[verysadguy 170]

Yes she did....and I tried to find out what her claim was and they wouldn't even respond to me.

I did find out later that VAWA claims are sealed and I will never have any idea what her claim

entailed.

If you could get her to sign a FOIA you could see her records or if she was nice and shared them. Both of which will never happen.

My ex ran off with a family law mediator from the Catholic Church while she was still legally married to help her screw me over as much as possible.

And yes these marriage scammers study extensively how to pull these immigration tricks over on the US Petitioner.

I never got a single letter back from USCIS if my withdrawal of support was accepted or not. I called directors, senators, special agents...NOTHING. USCIS is pathetic at dealing with these scams effectively screwing the US Citizen petitioner to the benefit and "rights" of the beneficiary. Shame on the liberals for this bullcrap. I'll never vote democrat again. NFW.

[mike56427 6]

... no, he will not ... that requires a police report

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

[mike56427 6]

...wow ... and what happened to her ... was she deported?

In 2006 I married a filipino on June 26, On august 5th we were riding in a car and we pulled up to an

intersection and she started screaming help help help.... started hitting me in the face. Took the car

keys and threw them in the street. I got out retrievied the keys, and moved the vehicle to a parking

lot of a nearby Mcdonalds. She threw her wedding ring at me and said she wanted a divorce. I was

in shock because I had no idea what was going on or what took place. She grabbed the keys and

headed to the Mcdonalds and hid out in the bathoom. I had no choice but to call the Police. When

the Police came I told them my side of the story. They went inside and talked to her for 45 mins and

the policeman came out and said she wants a divorce. hahah.. Two days earlier I had sent in the AOS

paperwork. I called the bank and found that the checks werent cashed yet so I put a stop on the

checks. Thats the only thing that saved my ####.... I waited for a month and had no contact with her

except an attorney that called me and said that the attorney wanted to stop by my house and get

her things. I then filed for a divorce, she got nothing but I did have to pay for some medical bills and

some alimony because she was on public assistance. I had no idea where she was and couldnt

serve her the divorce papers. after about 8 months I had received a phone call from one of her

friends telling me where she was, I then had the process server serve her the divorce papers. The

next day I was served with a protection order by her claiming that I threatened her. The judge

denied the order calling it baloney.. The only thing I can inform you about is file the divorce NOW!

Don't wait... the longer you wait the long the court will define it as a bonified marriage. Good Luck..

[Ontarkie 13,941]

~~Many many post removed for bad information, and some quoting, member also thread banned~~

[yailukmuu 26]

As this thread winds down, thank all of you for your valuable opinions and information. I'll update someday.

[Caryh 5,206]

Caryh! Go stand in the corner until you learn how to play properly.

LOL maybe I should. But this isn't the first time a particular poster has posted opinion which is blatantly wrong as facts. His habit of doing this is going to cause someone serious harm one day, if it hasn't already. His wanting to help is a good thing, him being wrong on occasion isn't a bad thing if he learns from it, his continuing pattern of demanding his incorrect opinions be recognised as facts and not learning the facts is dangerous to the uninformed and a reason why many very knowlegable people have given up helping people on visa journey.

I'm truly glad you've got a decent handle on what you're going through. I hope one day you find a person who deserves your devotion and love.

[Cathi 5,618]

OMG I remember your thread about your marriage being ruined by PMS...i guess it was ruined by yet another scammer. Sorry for your predicament, and I PRAY she gets her azz deported on a silver platter. Keep us updated

[Caryh 5,206]

Once the USCIS processed the affidavit of support you wont be able withdraw it, what you should is to notify them to let em know that you been defrauded so the AOS doesn't get approved.

You're correct that once the affidavit of support is processed, you cannot withdraw it. But the affidavit of support is not processed until the green card is issued in the case of a K-1. For other cases its when the visa is issued, where it can still be withdrawn if the beneficiary gives up the visa. Note when adjusting status the income requirements of the I-864 filer must be met on the day of filing and the day of issuing the green card or visa. Processing the I-864 is not complete until both points have been successfully passed and standards met.

[yailukmuu 26]

OMG I remember your thread about your marriage being ruined by PMS...i guess it was ruined by yet another scammer. Sorry for your predicament, and I PRAY she gets her azz deported on a silver platter. Keep us updated

I'll take that as a tongue in cheek comment. Same person. I fear that I'm guilty of trying to believe that it was something other than a blatant scam. If you read through that thread (search Steve and Juliet, or "PMS,") you'll find, as you no doubt remember that odds were about 20:1 in favor of: "dude, you've been had--time to move on."

She did PMS with great regularity, -20 to -14 days before periods which were 28-30 days apart. I kept a diary so I know when to tread lightly. It didn't help that time. We were doing quite well on that too...I'm sad to say.

I now have to admit, after all the feedback that the evidence points to something entirely different than mere PMS.

By the way...you do know what PMS stands for don't you?

Answer: Pre Historic Monster

hehe

[ManCharsey 254]

She was a dumb fraudster and it serves her right. I would encourage you to call the USCIS and speak to a tier 2 officer or attend another info-pass in about a week to check on note status of your request. Also let them know the reasons behind the request instead of just the withdrawal. You want to make sure it gets on her record so she doesn't scam someone else like this ever again. Now afterwards I guess you can move on in peace. Trust me, living and hiding under the shadows as an illegal is very difficult and a horrendous experience. I know some Mexicans here who live that way and even though they don't say it, I know they wished they would go back home. One day the long arms of ICE will get hold of her and will be deported.

[milimelo 4,236]

Wasn't someone successful in meeting with a FDNS officer at an INFOPASS appointment? The officer also gave them the contact info for updates (info, phone number)...

http://www.uscis.gov/about-us/directorates-and-program-offices/fraud-detection-and-national-security/fraud-detection-and-national-security-directorate

[verysadguy 170]

ManCharsey and milimelo, I tried Infopass, I tried making appointments with special agents, I called ICE, I wrote to ICE, I wrote to district directors, I wrote to congressmen, I made dozens of phone calls. It is an extremely difficult task to get someone to remotely care about individual cases of fraud. They are busy with murders, drug dealers, thieves, rapists, gang members, blah blah blah. Romance scammers for green cards are so far down the list of their worries you can hear your own voice echoing in the empty hallways of justice. I got in return form letters, no letters, or discussions that I had to go to a different section of government for service. I did actually get a little traction from my congressmen and a unproven promise from a special agent that at least my evidence would be forwarded to the proper adjudicator. I was also told to stop writing letters and to stop seeking justice because it looked like retribution. I've never been contacted by a FDNS agent.

The system has to change, but it's government so it won't until something huge happens or some lawmaker gets a bone up his/her ###.

My ex went the VAWA route with a list of fabricated BS a mile long, false affidavits, claims of emotional abuse, and accused me of human trafficking plus enlisted a gaggle of nuns, attorneys, and mediators to fight for her "right" to stay in the USA.

So, for this OP, turn in the evidence, pray for justice, and expect and prepare for deafening silence and no protection. My advice because it worked for me...retain a strong and mean attorney and protect yourself NOW.