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Bijou

Change of Status in Process and cancelling it

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Hello,

I married a man that was here on a visitor Visa and we started the Change of Status process through USCIS. Since then he has received his work permit and Advance Parole Permit. He went back to his home country for a visit and things got very strange and started to NOT add up. It's down right shady and my gut is now screaming that this is all just a big act on his part. He is divorced and I have the legal divorce paper that was submitted with the immigration packet HOWEVER, I have a solid reason to believe that he really has an intact family in his home country and he has been lying to me this whole time. I believe he's a green card hunter so he can ultimately bring his whole family over. I'm not going to go into the details or the country because it's not relevant to my post.

This is my question: We HAVE NOT gone through the interview process so the change of status is pending and he has not been issued any temporary green card or anything. As I stated above, he has ONLY received a work permit and Advanced Parole. I was told by USCIS that the interview process is very behind and most likely won't even take place until next summer. Can I just withdraw the application and then I will be done with it? Then he will maybe have a year until he has to leave and I will file for a divorce or annulment. He may find another victim that he can con all the way into helping him. I can't believe what monsters some humans can be and how stupid I was to have believed him. I wan't to be done with this. Thanks...

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Yes, withdraw the petition in writing and head to your local USCIS office as well. Call them on the phone too. Then file for divorce/annulment. If he is still in his country I believe he will be turned back if he tries to enter (not 100% sure about this). If he already back in the US, do not give him any clue of what you are about to do. Many false VAWA claims are started when the foreign spouse fears that things won't go their way or the US spouse is on to their tricks and they claim "abuse" ruining the reputation and future of the US citizen.

Even if you are not sure that he has a family abroad, just the fact that you have questions and a negative gut feeling is enough IMHO to stop the AOS. To me the marriage is already tainted.


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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~~Moved to Effects of Major Family Changes from IR1/CR1 P&P - as similar topics are discussed here.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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You can pull I-130 and I-864 as those are yours. Adjustment of Status application is his so you can't pull that. Pulling I-864 will effectively kill his I-485 and his AP and EAD will be invalid.

Good on you on figuring out you're being used for green card. Book an appointment withUSCIS and hand them in you petition and I-864 withdrawal. I'd also mail it in to attention whoever has your case now (should say on your NOA1).

Thank you for confirming! :)


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Thanks for the replies - It would be laughable and ridiculous for him to claim any abuse or mistreatment from me (5'6) to his (6'2) stature. I'm pretty numb right now and I think it's absolutely disgusting that a man would try to pull something like this. It's a God send that the interview has been so delayed and that I also saw how he has behaved once he returned to his country for a visit. He has actually tried to tell me that he hasn't communicated well with me because his internet access is bad. No honey, you out with your wife and kids.

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Is he there now? When is he supposed to come back to the US?

If you act fast, and pull the I-864 and 130, maybe they will cancel his advance parole and when he tries to re-enter the US, he'll get a big surprise and a free one-way ticket back to his wife and kids, courtesy of the US government.

Send email to USCIS requesting to withdraw I-864 and I-130, then mail overnight request in writing (signed) to USCIS with the same request, and even make an INFOPASS appt ASAP and make the same request in person. Make sure to provide case number to each one so they can easily link the request to the case. And cut off all contact with him. I don't know if you would want to tell him why you are doing this or if he will figure it out.

Edited by Eric-Pris

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Is he there now? When is he supposed to come back to the US?

If you act fast, and pull the I-864 and 130, maybe they will cancel his advance parole and when he tries to re-enter the US, he'll get a big surprise and a free one-way ticket back to his wife and kids, courtesy of the US government.

Send email to USCIS requesting to withdraw I-864 and I-130, then mail overnight request in writing (signed) to USCIS with the same request, and even make an INFOPASS appt ASAP and make the same request in person. Make sure to provide case number to each one so they can easily link the request to the case. And cut off all contact with him. I don't know if you would want to tell him why you are doing this or if he will figure it out.

My problem is what if I'm WRONG? I am basing my suspicions all on his behavior since he left almost a month ago. Yes, he is still there. Also, he has never introduced me to his friends, family or kids back in his country. He literally disappeared into his country and I have no way of knowing anything that is going on there. I am well aware that this is not normal and I have had plenty of time to process this. He is to return on September 28th.

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Thanks for the replies - It would be laughable and ridiculous for him to claim any abuse or mistreatment from me (5'6) to his (6'2) stature. I'm pretty numb right now and I think it's absolutely disgusting that a man would try to pull something like this. It's a God send that the interview has been so delayed and that I also saw how he has behaved once he returned to his country for a visit. He has actually tried to tell me that he hasn't communicated well with me because his internet access is bad. No honey, you out with your wife and kids.

As a USC in a different country I can confirm the wifi is really bad, some days I'm not able to go online which makes my mother more nervous even know I told her how bad the wifi is here

However if you really have the gut instinct that something is wrong trust in that


I love my husband ?‍?‍?

Married June 2016

Por siempre y para siempre Mi amor

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You're correctly paying attention to what he is doing, not just what he's saying.

Even if you were to ignore this and let him return, what kind of foundation for a marriage is that?

Pull the trigger on the withdrawal steps now -- he's due back only in 9 days, so time is crucial.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Also, he has never introduced me to his friends, family or kids back in his country. He literally disappeared into his country and I have no way of knowing anything that is going on there. I am well aware that this is not normal and I have had plenty of time to process this. He is to return on September 28th.

Not introducing you to family or friends would be a HUGE red flag for me. He may be telling them that he's in the US for work or study, meanwhile he's here arranging for his GC, and he doesn't want you to blow his cover.

Also, you said that you know he has a family there by his actions. But here you say that he disappeared and you "have no way of knowing anything that is going on there". I agree that just disappearing like that without contact and a lame excuse (I'm sure they have internet café places that have phones, internet, etc). But just because he hasn't called, I wouldn't assume to know that he has another wife. The fact that you are jumping to that conclusion tells me that there are other things he has done or said that makes you suspicious, right?

If you are wrong, yes, you will give up the relationship.

But if you are right and you let this go, think of the problems later on. How will you feel about the fact that you knew it and let it go. Personally, that alone would kill me. Trust your gut.

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Can anyone please tell me what would be the potential series of events if he did return but then I pulled withdrew the application? I am taking heed to what you are all saying but a part of me needs to have some sort of closure with him while I'm looking at him in the eye. Does anyone know the timeline of deportation?

What I don't want to happen is for him to somehow weasel his way into figuring out another way to stay here even with me dumping this whole thing. I don't want any other women to suffer and I DON'T want him to somehow get approval to bring his wife and kids over here.

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1. if he did return but then I pulled withdrew the application

2. while I'm looking at him in the eye

1. Don't even think about delay. Time is not your friend right now.

2. Don't even think about it -- too many dangers of many kinds.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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