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Thread: I-751 denial and spousal support

  1. #1
    I would like some opinions on my issue.

    I am a US citizen residing in Penna. I sponsored a Russian lady on a KI visa, the K1 visa was approved and she entered the USA in Dec of 2002. We were married in Feb of 2003 and applied for the AOS before her 90 days expired. It took about 15 months and we had a interview, everything went fine and she received her 2 year green card in June of 2004.

    So... it came time in March of 2006 to file the I-751 for a permanent adjustment. We filed it jointly and 3 days later I came home to find the house quite empty of furniture as she had moved out. She received a NOA about 30 days later (I think) extending work and travel for 1 year. In July of 2006 I sent a letter to Vermont stating I wished to withdraw my sponsorship of her I-751 due to her moving out 3 days after the filing.

    In September of 2006 my spouse and I reached a marital agreement which we both agreed to. Before the agreement could be signed we received notice that USCIS wanted additional documentation. She submitted the additional documentation. She stated she was not going to settle until she knew about her green card. Then about 30 days we received notification of an interview for Nov of 2006. All of a sudden she became very loving (hmmm...) We went to the interview, unfortunately our file had not arrived from Vermont, so the officer had no idea what actually was going on. I went with her for the interview. The officer asked her where she had lived all this time, she gave him my home address like we were still living together, he asked have you lived anywhere else, she stated "no", he asked where did you sleep last night, she gave him my home address, all false answers. I said nothing as he asked me nothing, don't ask me why, I have been under EXTREME stress.

    Well... the file finally arrived at the local office and of course they reviewed it. They saw the letter withdrawing support and that she had moved out. The officer called me in Jan of 2007 and asked me what was going on and I told him that the facts in the letter were correct. To say he was a little upset would be a huge understatement! He said he would decide what to do and I would receive a letter. Two days later I received a certified letter from the district director of Homeland Security stating that they "acknowledged withdrawal of the aformentioned petition effective July 2006, this withdrawal terminates any further action on this petition".

    Now I am afraid my wife will file for spousal support with the state domestic relations. Does she even have a basis to do so given she probably no longer has status in the US? I am not sure if they will start deportation proceeding or not.

  2. #2
    I would like some opinions on my issue.

    I am a US citizen residing in Penna. I sponsored a Russian lady on a KI visa, the K1 visa was approved and she entered the USA in Dec of 2002. We were married in Feb of 2003 and applied for the AOS before her 90 days expired. It took about 15 months and we had a interview, everything went fine and she received her 2 year green card in June of 2004.

    So... it came time in March of 2006 to file the I-751 for a permanent adjustment. We filed it jointly and 3 days later I came home to find the house quite empty of furniture as she had moved out. She received a NOA about 30 days later (I think) extending work and travel for 1 year. In July of 2006 I sent a letter to Vermont stating I wished to withdraw my sponsorship of her I-751 due to her moving out 3 days after the filing.

    In September of 2006 my spouse and I reached a marital agreement which we both agreed to. Before the agreement could be signed we received notice that USCIS wanted additional documentation. She submitted the additional documentation. She stated she was not going to settle until she knew about her green card. Then about 30 days we received notification of an interview for Nov of 2006. All of a sudden she became very loving (hmmm...) We went to the interview, unfortunately our file had not arrived from Vermont, so the officer had no idea what actually was going on. I went with her for the interview. The officer asked her where she had lived all this time, she gave him my home address like we were still living together, he asked have you lived anywhere else, she stated "no", he asked where did you sleep last night, she gave him my home address, all false answers. I said nothing as he asked me nothing, don't ask me why, I have been under EXTREME stress.

    Well... the file finally arrived at the local office and of course they reviewed it. They saw the letter withdrawing support and that she had moved out. The officer called me in Jan of 2007 and asked me what was going on and I told him that the facts in the letter were correct. To say he was a little upset would be a huge understatement! He said he would decide what to do and I would receive a letter. Two days later I received a certified letter from the district director of Homeland Security stating that they "acknowledged withdrawal of the aformentioned petition effective July 2006, this withdrawal terminates any further action on this petition".

    Now I am afraid my wife will file for spousal support with the state domestic relations. Does she even have a basis to do so given she probably no longer has status in the US? I am not sure if they will start deportation proceeding or not.

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by likes2travl:
    I would like some opinions on my issue.

    I am a US citizen residing in Penna. I sponsored a Russian lady on a KI visa, the K1 visa was approved and she entered the USA in Dec of 2002. We were married in Feb of 2003 and applied for the AOS before her 90 days expired. It took about 15 months and we had a interview, everything went fine and she received her 2 year green card in June of 2004.

    So... it came time in March of 2006 to file the I-751 for a permanent adjustment. We filed it jointly and 3 days later I came home to find the house quite empty of furniture as she had moved out. She received a NOA about 30 days later (I think) extending work and travel for 1 year. In July of 2006 I sent a letter to Vermont stating I wished to withdraw my sponsorship of her I-751 due to her moving out 3 days after the filing.

    In September of 2006 my spouse and I reached a marital agreement which we both agreed to. Before the agreement could be signed we received notice that USCIS wanted additional documentation. She submitted the additional documentation. She stated she was not going to settle until she knew about her green card. Then about 30 days we received notification of an interview for Nov of 2006. All of a sudden she became very loving (hmmm...) We went to the interview, unfortunately our file had not arrived from Vermont, so the officer had no idea what actually was going on. I went with her for the interview. The officer asked her where she had lived all this time, she gave him my home address like we were still living together, he asked have you lived anywhere else, she stated "no", he asked where did you sleep last night, she gave him my home address, all false answers. I said nothing as he asked me nothing, don't ask me why, I have been under EXTREME stress.

    Well... the file finally arrived at the local office and of course they reviewed it. They saw the letter withdrawing support and that she had moved out. The officer called me in Jan of 2007 and asked me what was going on and I told him that the facts in the letter were correct. To say he was a little upset would be a huge understatement! He said he would decide what to do and I would receive a letter. Two days later I received a certified letter from the district director of Homeland Security stating that they "acknowledged withdrawal of the aformentioned petition effective July 2006, this withdrawal terminates any further action on this petition".

    Now I am afraid my wife will file for spousal support with the state domestic relations. Does she even have a basis to do so given she probably no longer has status in the US? I am not sure if they will start deportation proceeding or not. </div></BLOCKQUOTE>

    In my personal opinion, if what you reported as the context of the correspondence you received from USCIS is correct:
    [LIST]
    <LI>Your wife is and has been out of status since July 2006
    <LI> Your wife will receive a notice for a hearing related to removal proceeding
    <LI>Your I-864 is no longer extant (it was invalidated with the denial of the I-751)

    This does not mean that in the divorce her counsel will not attempt to better a settlement, but the obligation you once had with USCIS to provide her with the equivalent of 125% of the poverty guideline is no longer in place.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  4. #4
    Now why the H.E.L.L would you marry a woman from Russia...what Have I keep saying here.They are to 90% scammers and good at it.But lucky for you,that B.I.T.C.H. was not smart enough.
    I hope she will be kicked out right away...keep track on her....what F'N s.l.u.t.
    But whats fair is fair, its your fault as well,believing a russian woman...and trust me I do not sterotype.I have met russian girls in germany,france,and here...they are to 90% the same...big time scammers.

    But she has nothing she can do, you have now all the proof in the world,this woman was a big time S.L.U.T.and just pray to God,she will be kicked out ASAP...I hate these kinds of people so much.

    And told here time and time again...watch out.

    She has no chance at all...u sent the letter,that was the best thing U could have done,she moved out 3 days after receiving the conditional green card...she is full of it and is losing it big time.Thats the number one move,to show fraud and scam on her part to be here in the USA...but good thing though she was not smart enough.Track her and make sure personally she is gone,for good.
    And if you wanna know how you can do that, you have stay in touch totally with the INS aka homeland security...she is in big time trouble.

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by HBKHBK:
    Now why the H.E.L.L would you marry a woman from Russia...what Have I keep saying here.They are to 90% scammers and good at it.But lucky for you,that B.I.T.C.H. was not smart enough.
    I hope she will be kicked out right away...keep track on her....what F'N s.l.u.t.
    But whats fair is fair, its your fault as well,believing a russian woman...and trust me I do not sterotype.I have met russian girls in germany,france,and here...they are to 90% the same...big time scammers.

    But she has nothing she can do, you have now all the proof in the world,this woman was a big time S.L.U.T.and just pray to God,she will be kicked out ASAP...I hate these kinds of people so much.

    And told here time and time again...watch out.

    She has no chance at all...u sent the letter,that was the best thing U could have done,she moved out 3 days after receiving the conditional green card...she is full of it and is losing it big time.Thats the number one move,to show fraud and scam on her part to be here in the USA...but good thing though she was not smart enough.Track her and make sure personally she is gone,for good.
    And if you wanna know how you can do that, you have stay in touch totally with the INS aka homeland security...she is in big time trouble. </div></BLOCKQUOTE>

    Hmmmmm. I don't agree that her options are up, as HBKHBK claims. She did not leave 3 days after receiving the conditional green card. She left after having jointly filed the I-751. As such, the OP withdrew his endorsement of the joint petition. She currently is without status, and I suppose is facing an uphill battle to restore it, but I wouldn't classify it as impossible. She could, conceivably, convince USCIS to accept a waiver, when the parties are divorced, but the onus would be upon her to satisfactorily convince USCIS that the untimely submission was beyond her control, and any subsequent approval by USCIS, provided they exercise their statutory discretion to accept a late filing of the self-petition would be with the proviso that the alien demonstrate that the marriage that terminated in divorce was bona fide.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  6. #6
    Sappy, I agree...
    u never know what can happen...but basically though.This is like a big sign,her actions she did...she probabaly has something planned out.

    Maybe he will give a little more inside about her and how they met etc

  7. #7
    User is asking about spousal support


    alimony pendite/spousal support can be asked for in Pennsylvania. You were not married that long so the time it will be awarded .. if it is awarded will be generally short. A master will probably go outside of the guidelines on this one. It will be based on your income against hers. Generally she must be sick at the time she applies for the support.. In this case she is out of status and unable to work. You could be looking at paying until your divorce is final. Soon as divorce would be final... support would terminate in most cases.

    Good luck.

  8. #8
    Hey, I just cannot resist - I am not Russian myself but I know many honest Russian girls; this behaviour depends on person but not on the country the respective person is from.
    Anyhow, I am sooooo sorry for you, likes2travl
    さん,がんばれ!

  9. #9
    She will scam someone else for a green card don't worry. You should be grateful that you were not arrested for going to that interview and pretending everything was fine.

  10. #10
    You just made my day! So, at first you travel to Russia to find beautiful wife because nobody wants you here. Probably sleep with couple of them just for fun. And after all you were thinking that probably good looking russian girl just fall in love with your ugly d u m b a s s for your good looks and generosity? Consider that you were getting laid with the s e x y russian girl for over two years the price you have to pay. Could be worst. I just do not get why she did not wait couple of more months to remove the condition first and take half of your house later. Or may be you made her life living hell and she could not take it anymore and run away. Who the hell knows the truth.
    There are thousand of cases where normal girls were treated like slaves by USC's that invited them with promise of better life.
    Where are all of the russians? I know there are a lot of us on this website. Let's show some support. Lerka?

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