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AntonV2

Spouse Attempted to withdraw Joint Support

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Hello All,

 

Received Conditional GC: 11/2016 

Jointly Filed for Removal of conditions: 09/2018

Receipt / Notice received: 9/2018

 

Spouse secretly wrote to USCIS to withdraw support* end of 10/2018 (read below)

 

It was until 01/2019 I received a letter in the mail addressed to my spouse from USCIS. I opened the letter and it was a return letter that my wife sent to USCIS trying to rescind her withdrawal.

 

To give context, around end of 10/2018 we had an argument (her family wanted to enforce something on us and I disagreed) and she decided to move back to her family house, Little did I know she went to the extent of calling USCIS and submitting a testimony that I was abusive to her and she wanted to put our joint filing on hold. 

 

After 4 - 5 days, she moved back in but couldn't look at me to tell me what she did. I know she regretted this but given the false accusations that I was abusive, how much could this affect me? - she's trying to do everything she can to fix the problem she caused; but I don't know where to start. 


 

To answer a few questions the attorney I consulted with asked:

 

    YES we are still married and living together.

    No We don't have any kids.

    Married is bonafide.(we have ample proof for that).

    Since the letter she wrote to correct this was sent back, is there any possibility to fix this,

    Better question is, how much damage can this action do or has already done to my case?

 

Update:

    We moved to a new State in 06/2019

    Case was transferred to Nebraska Service Center

    I was invited in for Biometrics in 06/26/2019

    Biometrics review completed 06/28/2019

 

 No update since then.

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From my understanding of the process, a spouse cannot simply withdraw support once a green card is issued. For the support to be withdrawn the green card would need to be invalidated through some process, i.e. determination of fraud. Seems like you're just going to have to follow through on the removal of conditions process in the normal way and see if it gets approved. She'll definitely have to attend the interview with you and you might have some extra questions around what happened at the time she sent the letter and called them.


Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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No withdrawing of AOS. But nice try on wife’s part - good to hear it failed. 

You have to report change of address on AR-11 on uscis.gov and your wife as your sponsor has to file, sign and mail in I-865. 


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Interview could be more in-depth. They'll want to ensure she isn't being forced to withdraw the abuse allegations... Marriages aren't perfect. They will look ovee all the evidence but you are still living together and even if there was abuse which I'm glad there isn't, it doesn't mean the marriage wasn't entered into I'm good faith. 

 

And she can't withdraw the i-864 


Cateogory: CR1

  • NOA1/Notice of receipt: Sept. 15, 2015
  • NOA2/I130 Approved: February 8, 2016 (NO RFE) :)
  • Process slowed down by us
  • Sent documents to NVC: April 11, 2016
  • Scan date: April 14/ May 7th (NVC said both I dont know why)
  • Case Complete: May 31, 2016 (No checklist) :dancing:

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Thanks for the response, My biggest concern was the timeline which seem off compared to other experiences here. 

My Biometric appointment came 8 months after filing. 
Also since I moved to a new state, will this push my timeline behind?

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6 hours ago, AntonV2 said:

Thanks for the response, My biggest concern was the timeline which seem off compared to other experiences here. 

My Biometric appointment came 8 months after filing. 
Also since I moved to a new state, will this push my timeline behind?

Not necessarily, USCIS is unpredictable. Hang in there. Good news awaits soon. 

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8 hours ago, AntonV2 said:

. I opened the letter and it was a return letter that my wife sent to USCIS trying to rescind her withdrawal.

 

 

You can not legally open someone elses mail- not even if they are your spouse. (just FYI).

 

Anyway, what was the letter you opened? It seems you are saying she sent a request to withdraw the joint filing. When was that? was it acknowledged by USCIS (ask her). Then she sent a letter asking to rescind her withdrawal? And they mailed it back to her? 

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Sounds mare a marital issue, what happens next time?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Posted (edited)
45 minutes ago, Boiler said:

Sounds mare a marital issue, what happens next time?

Agreed. Your issue is interference from in laws not immigration. Good luck

Edited by cd37

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13 hours ago, AntonV2 said:

Hello All,

 

Received Conditional GC: 11/2016 

Jointly Filed for Removal of conditions: 09/2018

Receipt / Notice received: 9/2018

 

Spouse secretly wrote to USCIS to withdraw support* end of 10/2018 (read below)

 

It was until 01/2019 I received a letter in the mail addressed to my spouse from USCIS. I opened the letter and it was a return letter that my wife sent to USCIS trying to rescind her withdrawal.

 

To give context, around end of 10/2018 we had an argument (her family wanted to enforce something on us and I disagreed) and she decided to move back to her family house, Little did I know she went to the extent of calling USCIS and submitting a testimony that I was abusive to her and she wanted to put our joint filing on hold. 

 

After 4 - 5 days, she moved back in but couldn't look at me to tell me what she did. I know she regretted this but given the false accusations that I was abusive, how much could this affect me? - she's trying to do everything she can to fix the problem she caused; but I don't know where to start. 


 

To answer a few questions the attorney I consulted with asked:

 

    YES we are still married and living together.

    No We don't have any kids.

    Married is bonafide.(we have ample proof for that).

    Since the letter she wrote to correct this was sent back, is there any possibility to fix this,

    Better question is, how much damage can this action do or has already done to my case?

 

Update:

    We moved to a new State in 06/2019

    Case was transferred to Nebraska Service Center

    I was invited in for Biometrics in 06/26/2019

    Biometrics review completed 06/28/2019

 

 No update since then.

She can’t withdraw support at this time (but) she doesn’t have to show up to remove conditions either.

Hope you two work something out.

 

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The wife was probably trying to withdraw herself from the joint filling of the i751, so it would be his alone and that would trigger a rfe for divorce waiver and possibly an interview.

 

it will most likely make them call you for an interview. I’d expect this to come up and would make sure to have lots of evidence of a good faith marriage to overcome this, besides a very good explanation 

 

 

good luck and be sure to come back and report your experience 

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