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  • divorced ...

    i am a US citizen, i married an australian many years ago and he left back to AUS two months later. a few years later (2yrs ago) we got back together. since then we've had two childred but not before we divorced. we were married that entire time gone. He's been conviced of a CLASS C misdemenor, and when i withdrew my petition (we never petitioned years ago and we were late by a month i think getting the paperwork in this second go around) INS said they revoked his workVISA when they reveived my letter, but since he's from a "friendly" country they have not pursued him (yet)... he is not current on ANY child support and has been vulgar, belligerant, and hostile towards me in regards to visitations which has led to a few police reports as well as the ClassC conviction. what are the chances he can remain here in the USA based on this information? I have fwd all the emails/text/letters of his behaviour towards me with INS ....... please let me know! (obviously, this is the edited and VERY short version!!)

  • #2
    i am a US citizen, i married an australian many years ago and he left back to AUS two months later. a few years later (2yrs ago) we got back together. since then we've had two childred but not before we divorced. we were married that entire time gone. He's been conviced of a CLASS C misdemenor, and when i withdrew my petition (we never petitioned years ago and we were late by a month i think getting the paperwork in this second go around) INS said they revoked his workVISA when they reveived my letter, but since he's from a "friendly" country they have not pursued him (yet)... he is not current on ANY child support and has been vulgar, belligerant, and hostile towards me in regards to visitations which has led to a few police reports as well as the ClassC conviction. what are the chances he can remain here in the USA based on this information? I have fwd all the emails/text/letters of his behaviour towards me with INS ....... please let me know! (obviously, this is the edited and VERY short version!!)

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    • #3
      On the "second go around" petition which you say was filed, did your ex-husband receive a conditional green card? Which petition did you withdraw?
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment


      • #4
        no! he has not received a green card, in fact he wanted me to LIE to immigration about our status so he could get one, i also reported this to immigration ... the letter i sent immigration was withdrawing my petition to sponsor him into the states. it was what they told my attorney to do, which, according to immigration, is when the VISA was revoked (my ex just doesn't know it yet) .... thanks for replying!

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        • #5
          I think we need to clear up some misinformation. If your ex is here, then his "visa" has already been used and therefore you can't withdraw it. Are you sure you did not withdraw the I130 and I485 Adjustment of Status submission and I864 Affidavit of Support?
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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          • #6
            We filled out the i130 which was my petition to sponsor him for residency, I also filled out the Affidavit of Support. We did not fill out the Adjustment Form (to my knowlege). I don't have copies of the documents, he took them. INS told me, the 3month VISA he came here on had already expired when we submitted all his paperwork so he was 'illegal' when the paperwork was turned in (so to speak). They accepted the petition because I was a citizen and he is from a "friendly" country. INS was being courteous. His WORK VISA was technically revoked when they received the letter I sent telling them I no longer wish to sponsor this party. INS has not sent him a notice to appear (yet) for deportation, although they said they would eventually ... his attorney, in one of our court dealings regarding our children, told the Judge they were going to see what they could do to have this party stay in the USA (petition??), BUT, INS told me they would deport him PERIOD due to his bad behavior toward me and his Class C conviction .. children or no children and he had no Hardship. The only thing he could do is waste Gov't time and his money to ask for a hearing in front of the INS Judge.

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            • #7
              Dear Newbam,

              I am a bit confused. What type of visa did your (ex)husband come to the USA on? Did you marry here in the US? You said you did I-130, but are not sure about the I-485. My situation is somewhat similiar, but my ex-husband came on a fiance visa and I did do the I-485 and I-864, which I have notificed CIS to withdraw. It is my understanding that he will be told to leave, but I don't know when that will happen. If you could please be more specific, I think other members could offer more/better advice. Good luck!

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              • #8
                newbam,
                The EAD (work authorization) is issued after all forms required for AOS (adjustment of status application) are submitted, of which the I864 is part. Although this AOS may not yet have been approved, it appears it must have been filed which you subsequently withdrew. It also appears that your ex-husband arrived on a either a tourist visa or a K1 fiance visa. If it was a tourist visa, the fact that it had expired before you and he filed the AOS would be moot, since overstays are forgiven of beneficiaries of US citizen spouses. If it was a fiance visa, then I doubt he would have been able to return on AP without submitting the AOS package the first time he left. I'm still a bit puzzled on the whole sequence of events.

                He is without status at this time and may be issued notice to leave, but it is doubtful that this is in any way related to the conviction. I believe he could remarry (if he did not enter on a fiance visa) and try to secure permanent residency through another US citizen. It's water under the bridge for you right now and you are best served pursuing the children's rights to support and keeping clear of him in general.
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                Comment


                • #9
                  sappyconifer (or anyone else),
                  You mentioned EAD in your relpy to Newbam... do you know if the EAD is terminated when I-485 and I-864 are withdrawn?

                  Comment


                  • #10
                    sappyconifer,
                    thanks for replying ... INS told me (i wanted other opinions)that if he remarried, that MIGHT help his situation out a little, tho again, showing all the emails, letters, and police reports (i reported his bad behavior to the police, eventually the harrassment was filed leading to his Class C conviction ... one year good behavior, a fine, and a psych eval)to INS ... they are not pleased with his behavior and if he did remarry, all the papers I have turned in will not help his situation.
                    i just don't know how he and his attorney could 'petition' for him to stay. basically, INS told me it's not IF but WHEN they ask him to leave. and I think based on me reporting his behavior, I don't think he's going to remarry (suspicious) ...........again, sorry for the confussion!
                    bigdummy: we were married here in the states, he came in on a Visitors Visa, both the first time he came and we got hitched and the second time when we were already married. the first time he left before the Visa expired because he 'had things to do' and this time he has not left. tho, INS said he's working on a revoked Visa which cannot be renewed based on the fact at this time he has no sponsor. His Visitor's Visa this second time had expired before we turned in his paperwork. again, and many times over, sorry for the confussion ... I don't know what paper's NOR their "I" numbers and the terminology which may also make this more confussing

                    Comment


                    • #11
                      Nothing is terminated unless USCIS moves that the petition upon which it was granted in the first place is either denied or void.
                      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                      Comment


                      • #12
                        It would seem he could get into trouble if he entered on a tourist visa with intent to marry. I am sorry that you have to deal with him, but you need to be persistent with CIS. They have a lot of cases to deal with and if you don't stay on top of things his file could be left on a desk for a long time. The most frustrating thing is waiting.

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                        • #13
                          It makes sense that nothing is terminated until USCIS moves, so my next question is how long after I request the I-485, 765 and 864 be withdrawn before then deny or void those petitions?

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                          • #14
                            If done prior to adjudication of the AOS submission, the simple withdrawal of an I864 by the US citizen sponsor would lead to a denial of the whole AOS petition. Form I864 from a joint sponsor may not be used in lieu of a Form I864 from the petitioner. I can't say how long it would take for USCIS to adjudicate and notice the alien on the denial.
                            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                            Comment


                            • #15
                              bigD and sapC: INS has told me he was denied residency. They confirmed it was NOT because we failed to appear to the meeting with the Investigator but due to the letter i had submitted withdrawing my sponsorship. They said they denied him rez AND revoked his Work VISA the day they received my letter. I am just getting back from INS. It's too bad you can't speak, tho you may request, to the same officer you've spoken with in the past. Though they've been very pleasant and helpful, I still feel a little unsure especially when my ex's attorney says they are attempting to petition my ex to stay. I wrote a letter of request to meet with the Investigator. Initially, his case was with an Officer, today they told me the Officer In Charge has the file. Any suggestions on questions or anything I should ask if this OIC gets around to calling me for an appointment?? And yes I have been pestering INS about this situation many times, I think this is my 5th or 6th time to see them. I don't want this file to sit on someone's desk collecting dust!

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