Serious question involving greencard and divorce. Please help

[omardagame123 0]

My wife and I got married in March. She came in on a k1 visa. In July we mailed out forms i485 and the work one. She already got her employment card. She has been working for about a month and a half. Turns out that we aren't together anymore. She screwed me over. Now She has her own apartment. I want to get a divorce. What's the best way for me to make sure she doesn't get her greencard and also gets sent back to her home country?

Edited December 31, 2015 by omardagame123

[aleful 1,905]

hi

you can withdraw the i485 petition, and cancel the i864, but you can't force her to return to her country,

she won't get the GC if you cancel the petition, divorce and move on

she can't adjust status from any other American citizen, so she'll she what she does

you just protect yourself and take care of yourself

[omardagame123 0]

If I withdraw the petition, she can still stay? To be honest I don't even want her here. She screwed me over and the last thing I want is to see or hear about her. She said she was going to get an immigration lawyer for her rights and future. She doesn't even have her greencard. I have proof that she cheated on me while married. She brought her car over from her home country. Her best friend (has suspended license and is on parole) drives it everyday. He's the one that takes her places and to work. The apartment she has is under both our names. I know I can't physically force her out but if I withdraw the petition won't she get deported?

[aleful 1,905]

hi

yes she can stay illegally in the country, but she won't be able to work legally eventually,

once the petition gets canceled, so will her work permit, the whole petition will get canceled

she will be her illegally like millions of people that live like that in the country, if she choses to stay

[omardagame123 0]

Oh ok. As long as she won't be able to work then that's fine. She would leave willingly if that happens. Thanks for the quick reply. Last thing, I'm currently awaiting preliminary trial for a felony. Does that affect anything for this or no?

[Transborderwife 4,666]

Does it by have have anything to do with domestic violence?

[aleful 1,905]

hi

that's important to know because if there was domestic violence, she can file the self petition vawa if she can prove that she was verbally or physically abused

[KayDeeCee 4,892]

I just want to point out that the USC cannot withdraw the I-485. The I-485 is not their application to withdraw. The foreign spouse is the I-485 applicant. That is their form only.

The USC can withdraw the I-864. That is it. They have no power to deport someone.

Withdraw the I-864, divorce and move on.

~ Moved from AOS from Family Based Visas to Effects of Major Family Changes on Immigration Benefits ~

[omardagame123 0]

The felony has nothing to do with abuse or anything. If I withdraw the I-864 what happens then?

[aleful 1,905]

hi

he can write a letter cancelling the petition, since he is the petitioner, that he doesn't want to continue with the petition

withdraw the i864 so you are off the hook for supporting her, plus you won't appear at the interview if there is ever one

[KayDeeCee 4,892]

The felony has nothing to do with abuse or anything. If I withdraw the I-864 what happens then?

Withdrawing the I-864 means the foreign spouse has no sponsorship and cannot get their AOS approved without it.

[omardagame123 0]

Yeah I just want her to not get approved and not be able to work. I know for a fact she would willingly leave if she knows that she won't be able to work and if she is denied. So if calling to cancel the petition and withdrawing the i864 is all I need to do then I'll do that. Thanks guys. Is there anything else I should know?

[Anh map 2,098]

Don't just call, do it in writing.

[Avery Cates 1,141]

Yeah I just want her to not get approved and not be able to work. I know for a fact she would willingly leave if she knows that she won't be able to work and if she is denied. So if calling to cancel the petition and withdrawing the i864 is all I need to do then I'll do that. Thanks guys. Is there anything else I should know?

From this point on don't see her, talk to her, or otherwise engage with her. Do everything regarding the divorce through a lawyer.

[Mike-eeh and Odie 192]

Don't just call, do it in writing.

^^ This. Call and do it in writing. Send the request via certified mail with signature, this way you know someone over USCIS signed for it.

Edited December 31, 2015 by Mike-eeh and Odie