Canceling I-864-Husband cheating

[maxnma 1]

Didn't think I'd be one to post this topic but here I am. My husband is cheating and we haven't had our AOS approved yet. There is no chance at reconciliation-I am quite sure I was used for a GC. To top it all of I'm also 8 weeks pregnant. I won't be the first or last to raise another child on my own.

What addresses do I send the requests for canceling the I-864 and can I cancel or send a letter with my concerns about the fraud for the I-485? I am not thinking clearly and tried to do a search but between tears and anger, I can't find the right addresses.

Please help.

The AOS was transferred to CSC. Do I send the cancellation to CSC?

Edited October 23, 2007 by maxnma

[Kez/JWolf 6]

I am sorry to hear this has happened to you.... Once you have your written request to cancel make a infopass appointment at your local office and talk to a immigration officer.... they will be able to contact CSC for you and they can pass on any information to ICE if needed... good luck and stay strong.

Kez

[maxnma 1]

I am sorry to hear this has happened to you.... Once you have your written request to cancel make a infopass appointment at your local office and talk to a immigration officer.... they will be able to contact CSC for you and they can pass on any information to ICE if needed... good luck and stay strong.

Kez

Thank you for the quick reply. I have high regards for all the advice you give. Thank you.

[maxnma 1]

Sorry but I am full of questions and I apologize if I'm not souding coherent. From what I understand, I can't cancel the I-485 because it is technically his petition, correct?? However, once the I-864 has been cancelled, it makes the I-485 obsolete, correct? Also, what about his I-765? Will that still be valid for the rest of the year? I am pretty sure that I can prove fraud, so what will happen to him and how quickly will it happen?

[eau_xplain 2]

I'm sorry that you have to go through this.

Once you withdraw your I-864, his I-485 cannot be processed as he no longer has your sponsorship. I'm not sure whether they will take his approved EAD back but he certainly won't be able to renew it.

[Dakine 26]

You better get moving as he may get approval without an interview at CSC.

[Kez/JWolf 6]

Sorry but I am full of questions and I apologize if I'm not souding coherent. From what I understand, I can't cancel the I-485 because it is technically his petition, correct?? However, once the I-864 has been cancelled, it makes the I-485 obsolete, correct? Also, what about his I-765? Will that still be valid for the rest of the year? I am pretty sure that I can prove fraud, so what will happen to him and how quickly will it happen?

You are correct... you can not cancel his I-485 but once you have withdrawn your I-864 he will no longer be able to do AOS.... as he will not have a valid claim to AOS then his EAD will be revoked and he will no longer be Employment authorized...

Any info that gets passed to ICE, it will be up to them what they do... no one can tell. but you will no longer be responsible for him even if he stays illegaly in the US...

Kez

[diadromous mermaid 36]

Sorry but I am full of questions and I apologize if I'm not souding coherent. From what I understand, I can't cancel the I-485 because it is technically his petition, correct?? However, once the I-864 has been cancelled, it makes the I-485 obsolete, correct? Also, what about his I-765? Will that still be valid for the rest of the year? I am pretty sure that I can prove fraud, so what will happen to him and how quickly will it happen?

You are correct... you can not cancel his I-485 but once you have withdrawn your I-864 he will no longer be able to do AOS.... as he will not have a valid claim to AOS then his EAD will be revoked and he will no longer be Employment authorized...

Any info that gets passed to ICE, it will be up to them what they do... no one can tell. but you will no longer be responsible for him even if he stays illegaly in the US...

Kez

This isn't entirely correct. Although the submission of the I-485 is the alien's, it is only made possible by way of the approved I-130 petition and a viable marriage. The I-130 is the US citizen's petition and can be withdrawn at any time, upon request, and most certainly when the US citizen alerts USCIS that the marriage is no longer viable and that she suspects fraud, and believes that she will be able to demonstrate that to USCIS.

She should request that the I-130 and any other endorsements she has made for her alien husband (to include the I-864 and the pending AOS I-1485) be withdrawn. She should do so in writing, to both the Service Centre and the local office and mail them both requesting a return receipt and IMMEDIATELY (so as to reach them before any approval notice might be mailed). Once the AOS case has been approved revocation of PR becomes a little more diifficult.

[maxnma 1]

Sorry but I am full of questions and I apologize if I'm not souding coherent. From what I understand, I can't cancel the I-485 because it is technically his petition, correct?? However, once the I-864 has been cancelled, it makes the I-485 obsolete, correct? Also, what about his I-765? Will that still be valid for the rest of the year? I am pretty sure that I can prove fraud, so what will happen to him and how quickly will it happen?

You are correct... you can not cancel his I-485 but once you have withdrawn your I-864 he will no longer be able to do AOS.... as he will not have a valid claim to AOS then his EAD will be revoked and he will no longer be Employment authorized...

Any info that gets passed to ICE, it will be up to them what they do... no one can tell. but you will no longer be responsible for him even if he stays illegaly in the US...

Kez

This isn't entirely correct. Although the submission of the I-485 is the alien's, it is only made possible by way of the approved I-130 petition and a viable marriage. The I-130 is the US citizen's petition and can be withdrawn at any time, upon request, and most certainly when the US citizen alerts USCIS that the marriage is no longer viable and that she suspects fraud, and believes that she will be able to demonstrate that to USCIS.

She should request that the I-130 and any other endorsements she has made for her alien husband (to include the I-864 and the pending AOS I-1485) be withdrawn. She should do so in writing, to both the Service Centre and the local office and mail them both requesting a return receipt and IMMEDIATELY (so as to reach them before any approval notice might be mailed). Once the AOS case has been approved revocation of PR becomes a little more diifficult.

He came on a K-1 so we didn't file an I-130. So my only chance to stop the petition is the I-864 I believe.

[diadromous mermaid 36]

Sorry but I am full of questions and I apologize if I'm not souding coherent. From what I understand, I can't cancel the I-485 because it is technically his petition, correct?? However, once the I-864 has been cancelled, it makes the I-485 obsolete, correct? Also, what about his I-765? Will that still be valid for the rest of the year? I am pretty sure that I can prove fraud, so what will happen to him and how quickly will it happen?

You are correct... you can not cancel his I-485 but once you have withdrawn your I-864 he will no longer be able to do AOS.... as he will not have a valid claim to AOS then his EAD will be revoked and he will no longer be Employment authorized...

Any info that gets passed to ICE, it will be up to them what they do... no one can tell. but you will no longer be responsible for him even if he stays illegaly in the US...

Kez

In the case of the K-1, it doesn't matter. You can still, as the sponsor, (of the petition for alien fiancé) request to remove your endorsement of the whole process. Remember without a viable marriage, there is no basis for PR for the alien.

This isn't entirely correct. Although the submission of the I-485 is the alien's, it is only made possible by way of the approved I-130 petition and a viable marriage. The I-130 is the US citizen's petition and can be withdrawn at any time, upon request, and most certainly when the US citizen alerts USCIS that the marriage is no longer viable and that she suspects fraud, and believes that she will be able to demonstrate that to USCIS.

She should request that the I-130 and any other endorsements she has made for her alien husband (to include the I-864 and the pending AOS I-1485) be withdrawn. She should do so in writing, to both the Service Centre and the local office and mail them both requesting a return receipt and IMMEDIATELY (so as to reach them before any approval notice might be mailed). Once the AOS case has been approved revocation of PR becomes a little more diifficult.

He came on a K-1 so we didn't file an I-130. So my only chance to stop the petition is the I-864 I believe.

[Straelbora 0]

"He came on a K-1 so we didn't file an I-130. So my only chance to stop the petition is the I-864 I believe."

You can withdraw your support of the I-129F. The I-485 can only be approved if the I-129F is still valid.

Plus- look into a divorce attorney. If you are divorced, then it kills the I-485 anyway.

Also, if it's any comfort, since he entered on a K-1, he can only adjust status via his marital relationship to you, so even if you divorce and he and this other woman marry, he can't get permanent residency based upon that relationship.

First thing is to contact the CIS and withdraw your support of the underlying petition.

[pushbrk 12,106]

Sorry but I am full of questions and I apologize if I'm not souding coherent. From what I understand, I can't cancel the I-485 because it is technically his petition, correct?? However, once the I-864 has been cancelled, it makes the I-485 obsolete, correct? Also, what about his I-765? Will that still be valid for the rest of the year? I am pretty sure that I can prove fraud, so what will happen to him and how quickly will it happen?

You are correct... you can not cancel his I-485 but once you have withdrawn your I-864 he will no longer be able to do AOS.... as he will not have a valid claim to AOS then his EAD will be revoked and he will no longer be Employment authorized...

Any info that gets passed to ICE, it will be up to them what they do... no one can tell. but you will no longer be responsible for him even if he stays illegaly in the US...

Kez

This isn't entirely correct. Although the submission of the I-485 is the alien's, it is only made possible by way of the approved I-130 petition and a viable marriage. The I-130 is the US citizen's petition and can be withdrawn at any time, upon request, and most certainly when the US citizen alerts USCIS that the marriage is no longer viable and that she suspects fraud, and believes that she will be able to demonstrate that to USCIS.

She should request that the I-130 and any other endorsements she has made for her alien husband (to include the I-864 and the pending AOS I-1485) be withdrawn. She should do so in writing, to both the Service Centre and the local office and mail them both requesting a return receipt and IMMEDIATELY (so as to reach them before any approval notice might be mailed). Once the AOS case has been approved revocation of PR becomes a little more diifficult.

He came on a K-1 so we didn't file an I-130. So my only chance to stop the petition is the I-864 I believe.

You have it correct.

Once he has the green card, you're bound by the I-864, so, again, get on this right away though because CSC will send a green card without an interview. I would get on the phone today with USCIS and go on record indicating your intentions. Of course you'll have to follow-up in writing.

FYI, one can request a petition be withdrawn but if it has already resulted in a visa and/or green card, a withdrawal request won't release you from the I-864 obligation. Frankly, I don't see such a request having any practical meaning or impact at all after visa/green card issue.

[bhajishah 4]

I havent heard of insatance where Des Moines did not request an interview with both.. They do ask questions mainly about marriage valididity.. show up with your proof of cheating and give your opinion on his real intentions. They told us tha t the burrden of proof of relationship was needed in 3 years @ removal of conditions interview.

best wishes

cindi

[sj5 4]

sorry to heard about your situation. You can raise your baby on your own.. hugs to you most of the poster are right but Pushbrk advice is quicker process. Take care of it.

Edited February 14, 2008 by SJ

[JJWashington 0]

I am sorry to hear about this. Good Luck