AOS denied: Overstayed Visa: Penalty leaving within and past 30 days

[BluesDancer 147]

Wife said they talked to an immigration lawyer.

She said I would be getting in trouble for not processing AOS paperwork. 

She said immigration would be calling me and asking me why I haven't filed the AOS paper since we are married.

Then she said she would file the paperwork herself.

 

I find it "very" hard to believe, plus I plan on filing for divorce as well. 

I don't know of any way I can get in trouble for not filing the AOS and her being able to file since I did not. 

If true seems like it would be a major loophole in immigration law that needs shut down.

 

Is there a hidden law that gives someone power to come after the petitioner for not filing the AOS paperwork?

 

Thanks

[Hypnos 6,576]

"immigration" will not be calling.

 

Your wife cannot file for AoS without you submitting an I-864 affidavit of support on her behalf.

Edited February 17, 2019 by Hypnos

[geowrian 22,335]

Previous thread for reference:

 

[Hypnos 6,576]

I thought the name was familiar.

[beloved_dingo 1,932]

6 minutes ago, BluesDancer said:

Wife said they talked to an immigration lawyer.

She said I would be getting in trouble for not processing AOS paperwork. 

She said immigration would be calling me and asking me why I haven't filed the AOS paper since we are married.

Then she said she would file the paperwork herself.

 

I find it "very" hard to believe, plus I plan on filing for divorce as well. 

I don't know of any way I can get in trouble for not filing the AOS and her being able to file since I did not. 

If true seems like it would be a major loophole in immigration law that needs shut down.

 

Is there a hidden law that gives someone power to come after the petitioner for not filing the AOS paperwork?

 

Thanks

Sounds like she's trying to scare you into getting her way. Even if she did try to file the AOS paperwork, it would just get rejected without you providing the Affidavit of Support. Not to mention she needs $1200 to pay for it also.

 

I remember reading your previous thread. File for divorce and cut off all contact with her (except through lawyers, if/when necessary). No point in dragging this out and allowing her to make empty threats.

[accumbyte 148]

11 minutes ago, BluesDancer said:

Wife said they talked to an immigration lawyer.

Either:

A. She's lying; or

B. Her "lawyer" is giving BS advice.

Just divorce, and only contact her through lawyers. Re-read your other thread for reference.

[K1visaHopeful 2,655]

15 minutes ago, BluesDancer said:

Wife said they talked to an immigration lawyer.

She said I would be getting in trouble for not processing AOS paperwork. 

She said immigration would be calling me and asking me why I haven't filed the AOS paper since we are married.

Then she said she would file the paperwork herself.

 

I find it "very" hard to believe, plus I plan on filing for divorce as well. 

I don't know of any way I can get in trouble for not filing the AOS and her being able to file since I did not. 

If true seems like it would be a major loophole in immigration law that needs shut down.

 

Is there a hidden law that gives someone power to come after the petitioner for not filing the AOS paperwork?

 

Thanks

She could only file AOS on her own if she applied for VAWA and then she would have to have evidence of abuse (not necessarily physical). Using an immigrants immigration status against them in a controlling manner can be considered as abuse in some cases but I doubt that is the case. 

Immigration would not "come" after you though unless on the rare case she did leave and become a public charge and they found a way to bind you to the I134, you signed but that would be very difficult (but not impossible) as the I134 is not legally binding.

[little immigrant 800]

Sounds like she's getting the VAWA route

[C90 376]

23 minutes ago, BluesDancer said:

Wife said they talked to an immigration lawyer.

She said I would be getting in trouble for not processing AOS paperwork. 

She said immigration would be calling me and asking me why I haven't filed the AOS paper since we are married.

Then she said she would file the paperwork herself.

 

I find it "very" hard to believe, plus I plan on filing for divorce as well. 

I don't know of any way I can get in trouble for not filing the AOS and her being able to file since I did not. 

If true seems like it would be a major loophole in immigration law that needs shut down.

 

Is there a hidden law that gives someone power to come after the petitioner for not filing the AOS paperwork?

 

Thanks

Like others said, seems she's trying to scare you into AOS. I would follow all the advice you got in the previous thread and don't let her trick you into anything. 

[geowrian 22,335]

Fear is a lot more effective and cheaper than any actual action she could even try to pursue.

[Villanelle 4,121]

@geowrian Can you send me a message? It says you cant get any...

 

@BluesDancer I read both your threads. The only way your ex is going to get a GC is to file a false abuse claim. DO NOT EVER ever EVER be alone with this woman. She can very easily fake an injury and accuse you of domestic violence. Only meet with her in public places if you absolutely must meet her. Always make sure a trusted witness is around.  Do not worry if she pursues a mental abuse VAWA claim- it will not impact you in any way. Be strong in the divorce and do not allow any wording in suggesting you were abusive to her.

[Crazy Cat 39,193]

1 hour ago, BluesDancer said:

Wife said they talked to an immigration lawyer.

She said I would be getting in trouble for not processing AOS paperwork. 

She said immigration would be calling me and asking me why I haven't filed the AOS paper since we are married.

Then she said she would file the paperwork herself.

 

I find it "very" hard to believe, plus I plan on filing for divorce as well. 

I don't know of any way I can get in trouble for not filing the AOS and her being able to file since I did not. 

If true seems like it would be a major loophole in immigration law that needs shut down.

 

Is there a hidden law that gives someone power to come after the petitioner for not filing the AOS paperwork?

 

Thanks

As has been suggested in your other thread, do not contact her except through your attorney........and never, never agree to be alone with her.......

[BluesDancer 147]

She is just playing with my head. I am going to take everyone's advise and completely disconnect from her.

 

If she would have been patient and loving, instead of threatening me, the AOS would be signed and lived happily ever after. I even forgave her for threatening me the first time and agreed to process. She made the choice to continue threatening, her loss.

 

Thank you everyone's support and insights. Very helpful. God Bless!

[Unlockable 7,306]

***I am moving this thread to "Effects of Major Family Changes on Immigration Benefits". ***

 

The OP is no longer involved with the beneficiary and is not moving forward with any other immigration processes.

[NikLR 13,220]

As a note i requested it to be merged with his previous thread.