Drackkor

Pray that she doesn't get a immigration attorney. If she does she will claim VAWA and try and hold you accountable for the I-864. But I'm told if she does claim VAWA then she will have to file a I-864W which would take you off the hook.

Yes same here although I'm told this is normal that USCIS won't give a response but it sure would be nice. At least I know that the I-485 was denied. But until my final court date for divorce I won't know. It's been over a year since I filed divorce and still waiting for final hearing. I withdrew my I-864 in 2017 in front of a USCIS Officer at the I-485 adjustment of status hearing where we were both suppose to attend. I went alone and explained why I felt the whole marriage was a scam. At that time the USCIS officer had me write on a form which I made out and printed up that in addition I would like to withdraw my I-864 affidavit of support. I had her beneficiary number on that form and other information. I had know idea the seriousness of the I-864 this whole process from that interview to this very day has truly consumed my life. I want this to be over so tired of dealing with this just want to move on. I have had to hire a divorce attorney and a immigration attorney it has cost me thousands of dollars and every time we meet in court her attorney keeps asking for more and more.

Thanks for response I hope the Judge see's it this way. I just don't see how she could enforce the I-134 since that is non binding contract and the I-864 I withdrew in front of a USCIS officer and the I-485 denied. And to top it all off this is a contract between me and the United States Government and has nothing to do with me and my soon to be ex spouse. Plus everything should be dead and withdrawn she has no way to citizenship unless she uses VAWA and files her own I-864W. I have been printing out a lot of these forum topics to use and show to my attorney. I know he will not really give these posts to much attention but when there are documents that support ones findings it clearly should show that these are both null and void.

I'm not worried about any charges I have done nothing wrong. I texted her and that's the only thing I did. What I'm scared and worried about is her immigration lawyer wants to try and use the I-864 and I-134 against me in divorce case. So of course worried about that. Even though the I-485 was denied so now she is claiming VAWA. I just want this divorce to be over with maybe I'll be able to sleep at night again. I have hired a immigration attorney to write a letter of opinion with all the details I have for her. Also I have a regular divorce attorney hopefully between the 2 of them the I-864 and !-134 get tossed.

Thanks I hate be scared and worried always  Can't wait until divorce is done whenever they set the final hearing. 

Is there anyway she can keep the denied I-485 alive to file with VAWA? If she files the I-360 ? I see that when people who claim VAWA file the I-360 and the I-485. Or does she need to redo the I-485 with this new form?

Ok from my understanding the I-130 have no support affidavit with it. I have withdrawn the I-864 already and the I-485 has been denied. She deleted all the forms off my computer and the cloud so have no Idea what the receipt number is anyways.  I don't know if this is worth chasing after or not? The I-134 is non-binding that was done with K1 & K3 visa.

On ‎12‎/‎19‎/‎2018 at 6:36 AM, missileman said:

Denied I-485 = dead I-864...she can not adjust through you......immigration case closed as far as you are concerned........But divorce is a whole different animal which has zero to do with any I-864.

Does anyone know of a actual immigration attorney who would be will to state this quote to be true? "That once the I-485 is denied the I-864 becomes null and void."  ? Another quote her "Denied I-485 = dead I-864...she can not adjust through you....immigration case closed as far as you are concerned"  Anyone know a immigration attorney who agrees with these statements? Thanks  If this could be verified by a actual immigration attorney where I could receive a email or letter stating this I would feel much better going to court with a letter of opinion. Even better letter of fact!

Does anyone know of a actual immigration attorney who would be will to state this quote to be true? "That once the I-485 is denied the I-864 becomes null and void."  ?

I appreciate the response. I just hope the judge see's it the same way. He's already taking the I-134 and I-864 into consideration even though my lawyer has stated that this is a contract between myself and the U.S. Government. I have a feeling this is going to trial since my ex lawyer isn't budging. My lawyer is in contact with a immigration attorney for more advise when it comes right down to it there the ones who decide what can and will be included in the case so I hope there is someway of showing all my details and not caving in on anything.

38 minutes ago, Boiler said:

You mention a Divorce case

 

You mention a VAWA case.

 

So where does the I864 come into this as you said she was unable to adjust through marriage to you.

The judge will be looking at this claim during the final judgment of support this has been his determination. Also will look at the I-134. She is looking for spousal and child support for her son who is 13.

57 minutes ago, Damara said:

USCIS is under no obligation to give you a confirmation of withdrawal of your 864. Since you say you went to the 485 interview and withdrew the 864 in person in front of the Officer I have no idea why you are still looking for confirmation it was withdrawn??? Seriously- you did the withdrawal in front of an Officer in person- so 100% they did the withdrawal. ALSO you said the 485 was denied- the 864 is only good for the 485. VAWA does not need an 864 from you.

 

Your ex can file for VAWA by herself and claim abuse- there is nothing you can do about this. VAWA Officers will not look at or consider ANYTHING you or your other ex writes. Do not even bother sending stuff to prevent her VAWA. 

 

IF you have proof of her 'scamming you'- you can send that to USCIS however it has to be concrete proof she committed fraud. 

 

Also as others have stated you mention her asking for spousal support and child support. IF you have NO children together why is child support even being mentioned?? Do you have a divorce attny? 

The I-864 and I-134 have been mentioned in court at least 5 times each. So yes grave concern. This has been by her immigration attorney.

I'll just try and keep contacting USCIS in the end what a heart breaking toll this has been. The cost behind everything is already over 40 Thousand. Hope this ends in 2019.

Just now, killadocg23 said:

CUrious, what country is your ex wife from who is trying to scam you?

Romania.

48 minutes ago, Damara said:

USCIS is under no obligation to give you a confirmation of withdrawal of your 864. Since you say you went to the 485 interview and withdrew the 864 in person in front of the Officer I have no idea why you are still looking for confirmation it was withdrawn??? Seriously- you did the withdrawal in front of an Officer in person- so 100% they did the withdrawal. ALSO you said the 485 was denied- the 864 is only good for the 485. VAWA does not need an 864 from you.

 

Your ex can file for VAWA by herself and claim abuse- there is nothing you can do about this. VAWA Officers will not look at or consider ANYTHING you or your other ex writes. Do not even bother sending stuff to prevent her VAWA. 

 

IF you have proof of her 'scamming you'- you can send that to USCIS however it has to be concrete proof she committed fraud. 

 

Also as others have stated you mention her asking for spousal support and child support. IF you have NO children together why is child support even being mentioned?? Do you have a divorce attny? 

Yes have attorney her big issues are the forms I-864 and I-134 the problem with divorce and immigration attorneys no one has a clear cut decision on the financial obligation of each form. one say I-134 is useless other says its good for a certain time. The I-864 is another story.

26 minutes ago, Going through said:

Withdrawing the i-864 automatically cancels the i-485, so since the i-485 ended up being denied it's a good indication the i-864 is on file (also you said you withdrew it in person with an IO).

 

Normal response time from USCIS to withdrawal letters is roughly 2 weeks from what I've seen reported.  You can always confirm the withdrawal was received (again, if the i-485 was denied right after, that's a pretty good indication) at an Infopass.

I withdrew the I-864?  in  2017 but never get anything in the mail? So that's why I'm wonder if it was withdrawn? Because interview was around same time frame. Well no one seems to have the answer but thanks for all responses. I'll just keep sending in more letters to USCIS to find out if the I-864 was withdrawn. Thanks.

1 minute ago, NuestraUnion said:

Is the I-864 withdrawn? I don't have any idea? I never got a confirmation letter from USCIS? I asked for confirmation that the I-864 has been withdrawn never get a response back. The only thing I do know is the I-485 was denied. That's all. So again how do you get a answer back from USCIS that the I-864 was withdrawn?

 

@Drackkor,

 

As others have already mentioned, since the I-864 was withdrawn and the I-485 was denied, you are not on the hook for anything related to immigration. I emphasis on the part about anything related to immigration because this is now a divorce issue... not an immigration issue. In a divorce, a spouse can very well ask for spousal support.

 

You need an attorney that specializes in divorce more than one that specializes in immigration. Seems like your exes attorney is attempting to get as much from you. Abuse can be  claimed as mental, emotional, and physical, and a police report is not needed for a person to be abused. The onus is now on you to prove you did not abuse your spouse, which is why you should have an attorney, like, yesterday to help you gather evidence.

 

Do NOT fight this alone. The affidavit of support by immigration no longer plays a part in this. Your ex is simply looking for means to obtain a GC without being married to you.

21 minutes ago, Going through said:

VAWA can be used for other forms of abuse, not just physical---mental abuse, financial abuse, etc.  Also possible to claim VAWA without the other person (in this case, you) having criminal charges or a past police record.  Proving it, is another thing, of course.

 

Withdrawing the i-864 doesn't mean you're not obligated to pay spousal support through divorce court if ordered.  Since you share a child together, seems reasonable she is asking for child support.  The financial obligations of immigration is different from the financial obligations after divorce.

 

There is nothing you need to/can submit in terms of her VAWA case.  It is her case, and your character letter will not be taken into consideration.  Her approval is contingent on the evidence she submits to support her VAWA claim, as well as her evidence of entering the marriage in good faith.

We don't have a child together. I was just wondering how someone confirms that in fact the I-864 was withdrawn. My I-485 has been denied still nothing on the I-864 though no idea about this.

8 minutes ago, Drackkor said:

We don't have children together I have 3 sons but there my own. I guess I can only show documents if she ever accuses me of a crime. So like I was asking earlier how do you get verification the I-864 was withdrawn? The only thing I know for certain is the I-485 was denied.  I wrote USCIS so may times about the I-864 never get a response. Anyone know??

32 minutes ago, p-ana said:

If you withdrew the i864 and the i485 is denied, you’re off the hook for the i864s obligations.

whatever else she wants for divorce is another matter. The vawa case is hers so you won’t be asked for any documents 

No idea what this means? Yes I withdrew the I-864 in front of immigration official but have been looking for a letter confirming that the I-864 has been withdrawn. But yes the I-485 is denied. Thanks for replies all.!

We don't have children together I have 3 sons but there my own. I guess I can only show documents if she ever accuses me of a crime. So like I was asking earlier how do you get verification the I-864 was withdrawn? The only thing I know for certain is the I-485 was denied.  I wrote USCIS so may times about the I-864 never get a response. Anyone know??

Oh by the way I was married for just over 6 months when I filled for divorce. She wants the moon and the stars and her immigration attorney is very much trying to bully me.

I'm sure I'm not the first and won't be the last to be scammed. I have gone to immigration interview alone and withdrew my I-864 in front of an immigration official. About a week latter the I-485 has been denied. We are currently going through a divorce and at our last hearing which is over a year since the I-485 was denied her immigration attorney is claiming domestic abuse. I don't even have a police record how is this possible? My attorney said that often they will just listen to her story and never ask the American citizen or look up any records. I'm worried because her attorney wants spousal support and child support of $1700 a month and I only make take home $2000 a month. Wasn't my I-864 canceled and withdrawn? I have been writing and writing but these guys never get back to me. I just thought it was since I signed and did it at a uscis agency under the immigrations offers recommendation. So now do I write a letter to this VAWA? My ex wife of over 20 years is writing a character letter for me stating I never hit her or our kids in fact never even spanked our children. So if anyone knows how to confirm my I-864 was withdrawn how to go about this? Like I said I sent out over 10 letters to USCIS asking for verification and sent those letters certified mail. My I-485 again has been denied.