Effects of police report on pending AOS application (merged)

[Thesearethedays 6]

29 minutes ago, Family said:

Send the I-864 withdrawal letter only for your wife. Do not write or include mention or withdrawal of the I-129 F or state anything about the child.

 

They will likely deny the child’s adjustment anyway…BUT after the dust settles ( Divorce if Final)..you CAN file an I-130 petition and even second I-485 in case he is still here. Your relationship as stepfather remains even after divorce..as long as u maintain it ( communication, informal emotional and financial support ).

 

 

Divorce us generally not a fast process. I don't know how long after the petition is withdrawn that she has to leave the country. I don't even know what that process looks like. Maybe she receives a letter stating she has to leave by a certain date. 

[Family 3,558]

 

 

https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3707.pdf

This case addresses the issue whether an alien who entered the United States on a nonimmigrant K-1 fiancé(e) visa and met the condition of timely marrying the petitioning spouse remains eligible to adjust status when the marriage has ended. We hold that such an alien is eligible

 

 

[Boiler 43,788]

1 minute ago, Thesearethedays said:

Divorce us generally not a fast process. I don't know how long after the petition is withdrawn that she has to leave the country. I don't even know what that process looks like. Maybe she receives a letter stating she has to leave by a certain date. 

Does it matter? If she leaves then that is all down to her

[Mike E 11,727]

Just now, Thesearethedays said:

. I don't know how long after the petition is withdrawn that she has to leave the country.
I don't even know what that process looks like. Maybe she receives a letter stating she has to leave by a certain date. 

After USCIS processes your I-864 withdrawal, it will deny her I-485. She will be sent a notice giving her 33 days to depart the U.S. dated from the date of the notice of denial.

[Family 3,558]

1 minute ago, Thesearethedays said:

Divorce us generally not a fast process. I don't know how long after the petition is withdrawn that she has to leave the country. I don't even know what that process looks like. Maybe she receives a letter stating she has to leave by a certain date

Once you send in notice to pull I-864, they will send her a Denial of Adjustment Letter. What she chooses to do ( leave or stay) will be up to her. 

Divorce can take long especially if the two of you don’t come to an agreement on baby’s physical and legal custody…

[Mike E 11,727]

3 minutes ago, Family said:

 

 

https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3707.pdf

This case addresses the issue whether an alien who entered the United States on a nonimmigrant K-1 fiancé(e) visa and met the condition of timely marrying the petitioning spouse remains eligible to adjust status when the marriage has ended. We hold that such an alien is eligible

 

 

Yes. Hence I wrote she cannot adjust status with another U.S. citizen:

 

From your link:

 

”A. Fiancé(e) Adjustment Based on a Second Marriage

 

The respondent now concedes that he cannot adjust status based on the 1-130 visa petition filed by his second wife. We agree, because the language of section 245(d) of the Act clearly precludes fiancé(e)s from adjusting status on any basis other than marriage to the fiancé(e) petitioner.”

 

 

[Family 3,558]

You are in a tough spot because she is completely financially dependent on you and she doesn’t seem to accept the fact that you are going through with the divorce….and she has not made up her mind if she will leave the US or stay.

 

But once you File/ Serve the Divorce…it will get real and she will make a decision..
 

[Family 3,558]

15 minutes ago, Mike E said:

Yes. Hence I wrote she cannot adjust status with another U.S. citizen:

 

From your link:

 

”A. Fiancé(e) Adjustment Based on a Second Marriage

 

The respondent now concedes that he cannot adjust status based on the 1-130 visa petition filed by his second wife. We agree, because the language of section 245(d) of the Act clearly precludes fiancé(e)s from adjusting status on any basis other than marriage to the fiancé(e) petitioner.”

 

You are right..if OP pulls the I-864 then she cannot Re adjust …as spelled out by BIA in 2018.

 

http://myattorneyusa.com/matter-of-song-27-iandn-dec-488-bia-2018-k1-aos-applicant-must-have-affidavit-of-support-from

[Thesearethedays 6]

36 minutes ago, Family said:

Once you send in notice to pull I-864, they will send her a Denial of Adjustment Letter. What she chooses to do ( leave or stay) will be up to her. 

Divorce can take long especially if the two of you don’t come to an agreement on baby’s physical and legal custody…

If she leaves, the baby would most likely stay with me

[Boiler 43,788]

3 minutes ago, Thesearethedays said:

If she leaves, the baby would most likely stay with me

If she wants to leave buy her a ticket take her to the airport makes sure she gets on the plane

 

Thank me later

[JeanneAdil 6,276]

3 hours ago, Mike E said:

I am pretty sure

 

* that re-adjusting with another U.S. citizen is not an option because she entered on a K-1

 

* once he withdraws I-864, her immigration journey on this K-1 visa is over. She will have to leave the U.S.  

hope so as this is hard on everyone involved but i feel for the child 

[Boiler 43,788]

27 minutes ago, JeanneAdil said:

hope so as this is hard on everyone involved but i feel for the child 

Let’s assume she does leave, would she leave the k2 behind, would she agree to the child adjusting status?

[Mike E 11,727]

2 hours ago, Boiler said:

Let’s assume she does leave, would she leave the k2 behind, would she agree to the child adjusting status?

I think so

[Thesearethedays 6]

2 hours ago, JeanneAdil said:

hope so as this is hard on everyone involved but i feel for the child 

She won't leave him. I asked her to let me adopt him so he could be raised here and have a good future. If kids weren't involved, it would be so much easier. My step son believes I'm his real father and so I'm torn because I don't know what I'm supposed to tell him.  

[Rocio0010 5,573]

12 hours ago, Thesearethedays said:

She won't leave him. I asked her to let me adopt him so he could be raised here and have a good future. If kids weren't involved, it would be so much easier. My step son believes I'm his real father and so I'm torn because I don't know what I'm supposed to tell him.  

This is outside of immigration, but as an adult working with kids I 100% suggest that you tell him the truth. Consult with a counselor first, but people have a right to know about their origins.