I want a divorce

[Cathi 5,610]

you can;t simply call immigration to get him sent home, it doesn;t work that way.

[NigeriaorBust 4,087]

The application is in process. But no approval letter has arrived yet.but also if we don't attend the interview, doesn't it put the case on hold?

You may get approved with no interview then it is too late.

[eieio 1,594]

but actively getting him deported and referring to him escaping like he is a criminal is not a great way to treat someone

Well...what if he is a criminal? Maybe the op is actually being kind in her description of him? We don't really know. Maybe he has been violently abusing her?

None of her words applied to anyone except her husband.

I am sure she her life right now is not exactly wonderful.

My advice is divorce and do what it takes to protect yourself.

[TBoneTX 43,072]

Two posts have been removed for judgmental attacks on the OP instead of addressing her questions. The next poster to add a similar comment will be thread-banned at minimum.

If AOS hasn't been approved she can withdraw the I864 if she acts quickly

This is the answer that applies. OP, call USCIS as a priority to have an actual immigration officer (not just the call-screeners) update your file as to your intentions toward withdrawing the I-864. Send certified letters to the appropriate Service Center and to your local office, stating that you withdraw the I-864 (with "withdrawal of I-864" on the outside of the envelope). Set an InfoPass appointment so that you can hand a copy of the same letter to an immigration officer in person.

If the green card has been processed and it's too late, at least your intent and reasoning for withdrawal will be on file if the beneficiary later tries to remove conditions on the card.

[NancyNguyen 1,657]

K-1 applicants even get approval without interview. You can't demand deportation him, all you can do is withdraw i864 and divorce him. He leaves or not is his choice.

[Ontarkie 13,918]

~~Post removed as they do not answer the OP's questions. The OP does not need to get into details in order to reply, post constructively or do not post.~~

[NerdyGirl 16]

Asthania,

First of all, I am very sorry you found yourself in this situation. Since, in a way, we are all anonymous here, maybe we can help each other in other ways, other than just give information about visa. I have found two wonderful girls on this site, and we've become friends.

You are married for only a few months. IF he is not violent, if he has not severely betrayed you, why don't you give it another chance?

It is easy to get a divorce, it is not easy to maintain any kind of human relationship, let alone a marriage. Love, like life, has it's dynamics. It is not meant to stagnate. Just because sometimes we can't seem to stand our partner, and our love-tank seems to be empty, it doesn't mean it will stay that way. It will most certainly not, if we work on it. Maybe you can talk to him, go to therapy? Remember the vows? Remember why you went through this long, frustrating process to be together. Remember why you fell in love in the first place.

Now, if the situation is serious, and you think there is no chance you can solve it, go for a divorce.

Sorry if I went too far, I am very sensitive, stories like yours make me sad.

Whatever you decide, I wish you best of luck.

[Thomas&Cleofe 358]

Deportation is extremely unlikely no matter what the outcome of withdrawing the AOS.

A k-1 visa applicant can come to the US, never get married, never adjust status, and remain in the US for the rest of his/her life.

[2ndMessiah 184]

First of all, that is horrible.

coming from a fiances point of view you cannot turf us away and send us away like an unwanted puppy.

also wanting to call immigration on us? I am lost for words.

I won't judge on you because I obviously don't know your reasons for wanting a divorce, but it gets sad when I see people treating those of us

who come over in what was good faith be treated like you can send us back like a gift you didn't like.

If you divorce BEFORE AOS is approved then yes this person will probably be deported.

You have to contact USCIS and withdraw your support/application.

Someone should be along to explain it better.

Yes the distant selling regulations do not apply to international spouses.

[Nkkystel 8]

She is the one wearing the shoe and know where it pinches her.

[lailhass 10]

i think my question would be if this person is not someone that you want to spend your life with the LOGICAL and REASONABLE thing to do is get a divorce. why are you even thinking about immigration? this is just sad.... to make it seem that immigration is the fix to your marriage problems.

i dont think i can ever think to harm my spouse ( whom i petitioned to come to the USA).

i'm sorry you think this way. your husband is a human not some packaged goods you bought from an online store and want to return.

[Pinkrlion 2,607]

My friend did the following:

1. Wrote a letter to withdraw I-864 from the AOS petition. She mailed one copy to the same address that AOS was filed, and then she made an infopass appt to her local office to hand deliver the letter to withdraw.

2. She filed for divorce, and then had him legally evicted so that he would get out of the house.

Eventually he got a letter at the home stating that AOS was rejected, EAD was terminated, and that he had so many days to leave the country. She made him sign a notarized statement that he received the letter from her. He did not leave so he is illegally present. She did contact a lawyer and he told her that once he received the letter verifying the petition was removed, she is no longer responsible for him. Also, the divorce was non contested, so they are divorced now.

Hope this helps

Edited September 27, 2014 by Pinkrlion

[Darnell 8,478]

My fiancé came here in April using a k1 visa . We got married, he received his work permit but the green card is in process. We didn't go to an interview yet. I want to divorce him and make sure he goes back to his native country. How can I do that? Any advice? I was thinking abt calling immigration to come get him, but he is not illegal

ok - some steps for you - do in this order:

1. prepare a letter formally withdrawing your I-864, affidavit of support.

2. get the letter into all of these:

__a. address on NOA-1, receipt notice.

__b. lockbox address that you submitted the adjustment paperwork to

__c. walk-in at an infopass appointment, talking with the shift supervisor, telling said shift supervisor to log it and give you a hand receipt, signed by him/her.

3. file petition for divorce with county courthouse

as to deportation - you have no control over that. the most you can do, without much extra effort, is to withdraw the I-864, affidavit of support; then he has no basis on which to receive a green card.

If you have documented evidence of marriage fraud and/or visa fraud, that's a different matter - you'd have to get into an infopass appointment, ask for the FDNS officer, then present all evidence to the FDNS officer, along with your written letters of attestation that reference said documented evidence. If the FDNS officer thinks there are grounds for fraud, he/she will tell you (and that's really all you can rely on, not expect further info). If the FDNS officer investigates, proves up the fraud, then a note is put into the A-File and electronic record. IF he is every 'checked' anywhere by law enforcement, they will do an immigration 'hold', waiting for ICE to verify/confirm/deny his legal presence. IF ICE then wants him, then (and only then) will they come to get him.

You not mention AP, him holding AP - I say do the stuff I've written here, then invite him to a holiday in Saltillo, Mexico. He'll be stuck at border, trying to get back into the USA, if you have already accomplished the stuff in my list. It's still on ICE to deport him, but that depends on what that FDNS officer actually put in the A-File.

1 and 2 is mostly instant, gets you off the hook, need to do 3 regardless, but for deportation , actual deportation - it's a long slog and your chance of success on it is minimal. Doable, but minimal. I not want to give you false hopes about it, either.

-------------

infopass: https://infopass.uscis.gov

Edited September 27, 2014 by Darnell

[JoelyLeidy 3]

I believe, but am not sure, that if you miss the appointment, they will grant an extension. All your spouse needs to do is ask for it? I would, in my humble opinion consult an immigration attorney and a divorce attorney.. its hard to even judge this situation as I had a spouse some years back, that came here on a CR-1 visa, (quite a different experience than a K-1 as the bar was set lower), and she returned to her home country on her own accord due to the heart strings of family, before we did the AOS. We even had the check sent in and the application submitted. After she decided to return, and the check was in process, I stopped payment on the check and let things expire. I got a letter stating they were automatically granting a one year extension. She never came back so the I-864 didn't matter. With that, because if he does vanish into the fabric of society, it could be a long 10 years for you.. So Talk to an immigration attorney and divorce attorney.. The I-864 is blind to divorce...

[mamaliza 2]

Well...what if he is a criminal? Maybe the op is actually being kind in her description of him? We don't really know. Maybe he has been violently abusing her?

None of her words applied to anyone except her husband.

I am sure she her life right now is not exactly wonderful.

My advice is divorce and do what it takes to protect yourself.

If he's a criminal or an abusive husband she should just call the police and let them deal with him. Simultaneously she can start the divorce process. Problem is solved.

But it looks like the OP is emotionally hurt and mad at him and that's her way to pay him back. So she's looking for a way to deport him without any legal reasons.

Sad reality, but some people start marriages with american citizens just to obtain Green Cards. If that's the case, and the OP only discovered that fact after the wedding, I totally understand her. I would probably do the same thing to him.

Edited September 27, 2014 by mamaliza