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visavictim333

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    visavictim333 got a reaction from Nick&Diane in Victim of Visa Intent, Denial of i 130 and i485. Please Help! (merged)   
    Hello there fellow visa journey members,
    Thank you for your continuous support for those of us involved in this process.
    I know hiring a lawyer is the best thing to do when we are confused on what to do about these concerns, but I cannot financially get one at the moment therefore I would really appreciate some feedback and support on my current situation.
    Background Info:
    First of all I am a U.S. citizen and I met my soon to be ex-wife while she was in school as an F-1 status. When I met her, she was amazing, flirtatious, had a great glow and determination to succeed in life. Shortly after that, I experience what many here experience for a short period of time; happiness and love. Eventually one thing lead to another, and we got married.

    A few months later she asked me to file i130 and i485 with her. At first I agreed to do it since she is my spouse, intended to live and have children with me, have joint bank accounts and added her to my insurance policy. Therefore, I believe that I was in a bona fide marriage with my spouse at that time.
    However like many similar stories, as a few months pass by after submitting the forms, my immigrant spouse started changing her behaviors and wanted to move 400 miles away to be with her close relatives because she wants to be close to them too. However, I did not agree to move since my life was where I am at, not hundreds of miles away. After many arguments and conflicts, she wanted me to comprise with her where she would go back and forth between her close relatives and me.
    I felt really unsure and confused about this long-distance situation, but how can one deny their wife from being with their family relatives; so agreed to try it out. Shortly after she reunited with her relatives, she goes on and decide to go to school close to her relatives instead and then travel to see me (Fri-Sun). I felt like she was living a double life.
    Situation:
    During this situation, while my i130 was still pending. I found out that she signed up for EAD, SS, DL, and had it all sent to her relative address so that I wouldn’t know about it. Since she did things without telling me and also use my information to sign up for things, I felt like she was being dishonest and using me; therefore I wanted to withdraw my petition. . She became furious with my request, but eventually said that she would request to withdraw it for me. A few months later, I received the i485 AOS interview letter and it turns out that she never withdrew my petition and I know by now that I should have just taken the initiative myself.
    Denial Notice for i130:
    I decided not to attend the interview and got the denial letter due to not showing up to the interview and based on abandoning my application. (Sec 8 CFR 103.2(b)(13)(ii) The letter states that in visa proceedings it is the petition burden to demonstrate that their marriage is “bona fide” and not for the purpose of evading immigration law.”
    Usually after a denial and abandon of i130, what happens to the petitioner? Do USCIS just abandon it?
    I do not want to get into any legal troubles and I know if I ever have to go to court to provide my marriage, I can through my documentations of joint accounts, intentions to live and have children together, but shortly after she was the one who decided to pick up and leave to live with her close relatives hundreds of miles away, causing a separation between our marriage and thus my decisions to not go further with the i130 because I married her for love, and not for the purpose of evading immigration law. However, on her end it can be a different story.
    Denial Notice for i485:
    “The evidence of record shows that, when you filed your application, you were present in the U.S. contrary to law because your lawful nonimmigrant status had already expired. You are not authorized to remain in the U.S and should depart as soon as possible. Failure to depart will result in removal proceedings.”
    Once I got the denial letter this is when I found out that prior to marrying her, her F-1 status has already expired (being hiding this from me all along, she said that she renewed or extended it”), and therefore brings the assumption that this whole time she has may be committing fraud by marrying me to evade and gain benefits from immigration, which is contradictory to her non-immigrant visa.
    I didn’t know that she was an illegal because she was still able to go to school and eventually work. Disgusted of being a victim, I choose to not be involved with her anymore and am preparing for annulment/divorce. I am not appealing my i130 deny letter and have told my wife that she has to go back to her country but she is refusing. She’s living with her relatives hundreds of miles away who has been aiding and harboring her. They have refused to see me and seized all contact with me.
    Questions:
    What is my responsibility as a US citizen?
    Do I write a letter to DHS and USCIS stating that she is refusing to leave according to the letter and have taken my responsibility to ask her to leave.
    Do I see an attorney and make a notarize statement?
    Since my wife is refusing to leave the U.S., I am concern that she may using dirty tricks such as filing for VAWA saying that I abuse her. I know for a fact that I never abuse my wife in any way. There are no police reports and we are separated at the moment.
    Is that something I should be concern about after denial of i130 and i145?
    How would I be able to protect myself if she were to lie or make up stories about it?
    Since my I 130 is denied, does that also revoke the i864 support form?
    Usually after a denial and abandon of i130, what can potentially happen to the petitioner? Do USCIS just abandon it?
    Should I be doing an annulment or divorce in this case?
    I know that I will eventually need to consult with a lawyer for this.
    Suggestions and feedback would be great and thank you for the read. Appreciate it.
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