K1 Visa, married, but now separated. (False Domestic Violence)

[Guest solrazr]

I have a lady Mary Grace who I got married from the Philippines who I sponsored on a K-1 Visa, but then took off on me right after I filed for an AOS and placed a false domestic violence claim against me from the local PD in Kansas City. There was no injuries on her, and I am in the process of getting the case dismissed w/diversion. I got wind she did this to get a U-Visa to basically "take-off" and stay in the USA. She made all these crazy allegations that were untrue, and I think she deliberately staged the whole thing.

We had a yelling match but that was all mostly because I was tired of being asked about the paperwork 24/7 and asked to send money back to the Philippines. Then the cops show up, and Im thrown to the ground, and beaten up, taken outside and arrested, with 4 assault rifles at my head, being told "if you move your head will splat on that pavement" They had broken into the apartment, simply because I didn't hear them outside.. I had no idea what was going on until I was literally on the floor after hearing my front door go down. At that time we had long finished our argument.

Seriously with no injures on her, or me, and nothing broken or physical happening.... I have no criminal record...

I am out thousands of dollars, and going through hell dealing with this, and now she was all "I still love you" for a couple of weeks after I got out of Jail. We both got evicted, so she stayed with her cousin in Kansas City, and I stayed in a hotel for a bit to figure out living arrangements etc... until I discovered she contacted an immigration attorney (seen it on my phone bill) a couple of days after a few thousand texts were being sent to a guy by the name of "mike" She suddenly cut me off and disappeared. I am assuming she got info about the U-Visa. I then went back to Arizona (w/family)

The entire time, I had that "gut" feeling she was only using me to get into the USA and the marriage was fake.. Because I caught her messaging several other guys while in the phillipines asking then for visas from UK and the USA. How stupid I was...

She has shacked up with a new BF already, and I am getting ready to file for divorce.. But I am afraid because of the affidavit of support. Its all confusing, and stressful. I don't want any ties with her at all any more.

I am so frustrated and after the police thing, have a case for police brutality, but honestly I have been victimized by her fraud, police brutality, and falsified charges (getting dismissed).. I never thought this could never happen in America..

Now I am in the process of immigrating overseas myself after this senario, because I don't trust the government anymore. I was told she could tap into my bank accounts using this U-visa etc by an attorney and will likely try to.

Help!!!

[Darnell 8,478]

can be specific on one thing?

does she have a green card in her hand, or no ?

The answer is a major fork in the decision tree on what you can accomplish.

[Guest solrazr]

can be specific on one thing?

does she have a green card in her hand, or no ?

The answer is a major fork in the decision tree on what you can accomplish.

I don't believe she does yet.. But she does have a work permit. I filed for the AOS like last August 2013 I think it was. We had split since, I haven't gotten any mail, email anything from USCIS. How would I find out for sure?

[Darnell 8,478]

OK - let's assume she not have a green card at the moment.

First - how to check? You should have receipt notices, formletter I-797 or I-797C, that have receipt numbers in them.

There's one for the I-485. You can check the status over at

https://egov.uscis.gov/cris/Dashboard/CaseStatus.do

If her greencard has not been issued yet,

then

you can withdraw the affadavit of support, form I-864, via:

1. letter sent off to USCIS, address in the receipt notice on the I-485 and

2. walk in at an infopass appointment - see http://infopass.uscis.gov for making the next available appointment , and drop off your withdrawal letter with the floor supervisor (Must ask for the floor supervisor, ask for receipt of withdrawal when yer there)

This effectively kills the adjustment of status process for her, as without your signed I-864, she's no longer eligible to receive a green card.

The letter not need to state reasons for the withdrawal, however, you could write something to the effect of:

Ms. de La Garza and I are no longer living as a married couple, I am filing divorce next week based on infidelity in marriage in my state. Therefore, I am withdrawing my affadavit of support, form I-864, from her adjustment of status case, receipt # <<put receipt # here>> .

=-=-=-=-=-=-

Go Get Em, and Good Luck ! When mailing - send it priority mail with tracking and signature confirmation. Why? USCIS is lagged - will take some time to wind through the system to get to the right desk .

[Guest solrazr]

Ok I don't have any of the mail, is there a way to get those receipt numbers?

[dwheels76 5,459]

Ok I don't have any of the mail, is there a way to get those receipt numbers?

Tomorrow Call USCIS since you are petitioner you can get the receipt numbers.

Oh also verify your address if she is being coached or whatever you want to make sure she never ever gets that green card.

Make sure you also verify with your postal service that you and only you can change your address forward, hold all that. Protect yourself please.

Edited February 25, 2014 by dwheels76

[Okee 0]

He can't find it, he is NOT petitioner, for green card petitioner is the person who filing for this. If process was with interview waiver, the husband actually couldn't find the end of process.

Little strange story cos looks like that fight and police arrest was at the time when asking for documents for status, and if the topic starter said it was in August,, seems they were living together after and only now, when she may be left, he started to worry of this...may be she actually left after got green card in mail?

All he can do just write letters to USCIS, but the police report is a very hard proof for abuse and good reason for removing conditions later without his help.

Tomorrow Call USCIS since you are petitioner you can get the receipt numbers.

[Darnell 8,478]

Ok I don't have any of the mail, is there a way to get those receipt numbers?

anything sitting on yer handphone or email?

if a G-1145 was filed with the AOS set, someone gots an electronic notification (email /sms/text)

Tomorrow Call USCIS since you are petitioner you can get the receipt numbers.

Debs - USCIS won't talk to the USCitizen Spouse,

as

the petitioner for AOS is actually the foreign spouse.

[Guest solrazr]

I have been depressed and sticking my head in the sand about this for awhile, as most of it was done for me, I had hired someone to file it.. in August.. The court case/arrest was in October to clarify sorry. I just about to file the divorce and wanted to know how this would affect the immigration process.

My case is being dismissed though in court, and this girl basically scored a free ticket into the states. The police was called when I was considering leaving the relationship because it was terrible, and she was an emotionally cold woman, only seemed to be more worried about sending money to her family, and filing the paperwork then the relationship. I think she realized if I was going to leave, she was going to do anything to ensure her stay in the country by making a domestic case.

I noticed she would be extra nice about a day or two before asking me to western Union money back to her family, then turn into a total witch if I said no because we couldn't hardly afford our own bills.

I called USCIS, and they confirmed to withdraw the affidavit. But I can't schedule an infopass, so is there an address I should send in the letter? I didn't ask while on the phone and now there closed..

Edited February 26, 2014 by solrazr

[Okee 0]

I called USCIS, and they confirmed to withdraw the affidavit. But I can't schedule an infopass, so is there an address I should send in the letter? I didn't ask while on the phone and now there closed..

This is taken from USCIS page http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Responsibilities as a Sponsor

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

[Darnell 8,478]

if the greencard has not been issued, and in her hand,

then

withdrawal of the affadavit of support is possible.

[Avery Cates 1,141]

Philippines

The entire time, I had that "gut" feeling she was only using me to get into the USA and the marriage was fake..

Because of course it was.

It's about time we rename the Philippines Nigeria Junior.

Sweet mother of god why would you go through with it if you thought it was fake?

Edited February 26, 2014 by Avery Cates

[Me_Theo 25]

.................................................................

Edited February 26, 2014 by Me_Theo

[longtruelove 11]

If someone else called the cops because you too were at it they feared for her life. Sounds like the police thought you were a real threat. Thus why they sent you to jail otherwise they would have just asked you to leave go to a hotel or something for the night. You might want to look at your situation from a different perspective ..hers.

Follow everyone's advice about withdrawing support and wish you luck.

[Ontarkie 13,914]

~~Moved to Effects of Major Family Changes on Immigration Benefits as a more appropriate forum~~