how can I cancel my petition

[uwreckm3 1]

My husband is already in the US how can I cancel my petition If I havent filed the Adjustment of status after marriage? I really felt he just used me for the papers thats why he was rushing me to file the adjustment of status and last week i found out his cheating with a friend you might think i'm selfish but I want him removed I did everything to bring him here and he really did that I want him removed from the US can you give me advice if i still have a chance to withdraw and he gets deported?

[Quarknase 1,072]

3 minutes ago, uwreckm3 said:

My husband is already in the US how can I cancel my petition If I havent filed the Adjustment of status after marriage? I really felt he just used me for the papers thats why he was rushing me to file the adjustment of status and last week i found out his cheating with a friend you might think i'm selfish but I want him removed I did everything to bring him here and he really did that I want him removed from the US can you give me advice if i still have a chance to withdraw and he gets deported?

Please fill out your timeline - die he come on a K1 and you got married in the US? I'm sorry that this happened to you. You cannot get him deported, but you can separate/file for divorce, and move on. I understand that you have NOT signed the I-864 affidavit of support yet, and that he did NOT file the I-485 adjustment of status (which would require your affidavit of support)? In that case you are not on the hook and can just separate and move on. Make sure to not be alone with him, so he cannot set you up for a VAWA claim (false abuse accusations which would enable him to adjust status without you).

IF you did file already, contact USCIS immediately and inform them that you are separating and wish to pull your affidavit of support. You should send this via mail with tracking, and call them shortly after receipt to confirm. Alternatively you can call the hotline and try to schedule an infopass appointment at your local field office to pull the I-864 in person, but I believe those appointments are hard to schedule currently.

 

[uwreckm3 1]

yes he came with a K1 visa  I haven't filed the adjustment of status yet what should be the first thing i should do before sending my divorce paper?

[Quarknase 1,072]

8 minutes ago, uwreckm3 said:

yes he came with a K1 visa  I haven't filed the adjustment of status yet what should be the first thing i should do before sending my divorce paper?

If you have not signed the I-864 there's nothing you need to do. If you still live together, you could stay with a friend/family until he moves out, to ensure that he cannot make false abuse claims which would be his only way to adjust status without you.

Other than that, nothing to do immigration wise.

[Binbin22 232]

10 minutes ago, uwreckm3 said:

yes he came with a K1 visa  I haven't filed the adjustment of status yet what should be the first thing i should do before sending my divorce paper?

Like she said notify uscis and keep urself safe from him.. 

[Ontarkie 13,915]

~~Moved to Effects of Major Family Changes, from K1 P&P - as the more appropriate forum.~~

[Boiler 43,430]

Where do you live, may make a difference in him being removed.

[uwreckm3 1]

1 minute ago, Boiler said:

Where do you live, may make a difference in him being removed.

i lived in california should I feel worried where he would go after? am I supposed to give him alimony after the divorce? 

[Boiler 43,430]

He should be safe in California, an immigrant friendly State.

 

Alimony etc is unusual for such a short marriage, very much depends on your individual situation and something to discuss with your Divorce Lawyer.

[uwreckm3 1]

1 hour ago, Quarknase said:

If you have not signed the I-864 there's nothing you need to do. If you still live together, you could stay with a friend/family until he moves out, to ensure that he cannot make false abuse claims which would be his only way to adjust status without you.

Other than that, nothing to do immigration wise.

how would Inknow which is our case file is that the nvc? with the last I-797noa is? 

[Quarknase 1,072]

11 minutes ago, uwreckm3 said:

how would Inknow which is our case file is that the nvc? with the last I-797noa is? 

You stated that you did not sign an affidavit of support. The K1 process is over, he entered the US already. If what you say is accurate and you haven’t filed I-864/I-485 with him, then there’s nothing you need to do from an immigration standpoint. This is only a family law matter to get divorced.

[Ayrton 965]

3 hours ago, uwreckm3 said:

My husband is already in the US how can I cancel my petition If I havent filed the Adjustment of status after marriage? I really felt he just used me for the papers thats why he was rushing me to file the adjustment of status and last week i found out his cheating with a friend you might think i'm selfish but I want him removed I did everything to bring him here and he really did that I want him removed from the US can you give me advice if i still have a chance to withdraw and he gets deported?

First. Your husband arrived with a K1, you guys got married but he didn't file for AOS. Remember, it's his AOS, not yours. You're his sponsor.

 

Since your K1 is done and he moved, there's nothing to cancel. The visa was issued. 

 

Since he didn't file for AOS, there's no application pending, so there's nothing to cancel.

 

The only thing you can and should do is file for divorce. Nothing else.

Edited July 31, 2020 by Ayrton

[Pinkrlion 2,607]

He cannot adjust status, if you filed for divorce and did not complete the I-864, unless he claims he is a victim of domestic violence.  Have him legally evicted, and do not talk to him.  Keep your distance.  

[Daria Parkinson 43]

Why are these cases seen SO often nowadays???

2020....

[Boiler 43,430]

Actually there seemed to be many more years ago, nothing new.