Dekka's Angel

    > inquisitive40 wrote:
    > > So then the question for me is, if a sponsor files an I-864 and then
    > > later on in the process BEFORE the interview decides they want to
    > > withdraw their I-864, how can that be done OR can it be done?
    > I believe you simply send a letter to the USCIS office stating that
    > you
    > are withdrawing support.
    > > Also is there a way for a sponsor to report an immigrant who has
    > > fraudulently married a USC to gain a green card? i.e. if the USC is
    > > the innocent victim of someone who is only interested in the marria-
    > > ge
    > > to gain a green card.
    > > Surely there is a system in place which can be used in such cases?
    > 'Round here I think it's called /dev/null! :-(
    > --
    > All women are idiots... and I married their queen.

This is what my scammed friend did. It took 2 months, but he received a
letter from the local USCIS office confirming that it had ceased proces-
sing of his I-130 and related I-864 for his not-sure-what-to-call-her
"spouse" as of the date of his request. This was well after the date of
their AOS interview, but before adjudication, so I imagine this would
work for the OP as well.

    > Also is there a way for a sponsor to report an immigrant who has
    > fraudulently married a USC to gain a green card? i.e. if the USC is
    > the innocent victim of someone who is only interested in the marriage
    > to gain a green card.
    > Surely there is a system in place which can be used in such cases?

No system that I know of. But as part of his letter withdrawing his sp-
onsorship of the I-130 (and related I-864) he noted the facts, as bland-
ly and non-emotively as humanly possible, which led him to believe that
his marriage was invalid because of fraud -- in his case that his whate-
ver-she-is-but-she-ain't-his-wife happens to have, despite sworn statem-
ents to the contrary, a very much alive husband in another country :)
Who knows what USCIS will do with it - he has taken my advice to raise
no further inquiry now that USCIS has confirmed that it has accepted his
withdrawal of sponsorship. He's focused on what really matters - getti-
ng a legal declaration of nullity and going on with his life. So far,
she's fighting tooth and nail, so who knows what will happen. /sigh

Inquisitive40

    > This is what my scammed friend did. It took 2 months, but he received
    > a letter from the local USCIS office confirming that it had ceased pr-
    > ocessing of his I-130 and related I-864 for his not-sure-what-to-call-
    > -her "spouse" as of the date of his request. This was well after the
    > date of their AOS interview, but before adjudication, so I imagine th-
    > is would work for the OP as well.
    > > Also is there a way for a sponsor to report an immigrant who has
    > > fraudulently married a USC to gain a green card? i.e. if the USC is
    > > the innocent victim of someone who is only interested in the marria-
    > > ge
    > > to gain a green card.
    > > Surely there is a system in place which can be used in such cases?
    > No system that I know of. But as part of his letter withdrawing his
    > sponsorship of the I-130 (and related I-864) he noted the facts, as
    > blandly and non-emotively as humanly possible, which led him to belie-
    > ve that his marriage was invalid because of fraud -- in his case that
    > his whatever-she-is-but-she-ain't-his-wife happens to have, despite
    > sworn statements to the contrary, a very much alive husband in another
    > country :) Who knows what USCIS will do with it - he has taken my ad-
    > vice to raise no further inquiry now that USCIS has confirmed that it
    > has accepted his withdrawal of sponsorship. He's focused on what rea-
    > lly matters - getting a legal declaration of nullity and going on with
    > his life. So far, she's fighting tooth and nail, so who knows what
    > will happen. /sigh

DAMN... it sucks so bad for people being taken in like that,,, looking
for love and then being exploited by unscrupulous people looking for a
green card..
    :(
Patrick

Jeffreyhy

    > jeffreyhy <member184@british_expats.com> wrote:
    > > Divorced or not at the time that his wife's AOS interview comes up,
    > > he can refuse to participate and refuse to provide a new I-864 can
    > > he
    > > not?
    > A laymans answer: the I-864 would still be valid, so while they might
    > want a new one at the interview, if the adjustment is accepted, the
    > old
    > one will work just as well.
    > --
    > J. Moreno

J,

You address half my question. The other half of the question (the reve-
rse, actually) is perhaps the more significant one - how damaging to the
decision to accept or reject is the fact that the I-864 on record is ve-
ry out of date? Especially if the petitioner declines to submit an upda-
ted I-864?

I think that Folinskyinla's response to Rete's comment makes the questi-
on moot, however.

Regards, JEff

Andrew DeFaria

Dekka's Angel wrote:

    > ...for his not-sure-what-to-call-her "spouse" as of the date of his
    > request.... in his case that his
    > whatever-she-is-but-she-ain't-his-wife happens to have

How about "Can't Understand Normal Thinking" wife? ;-)

Sunflwrgrl13

    > jeffreyhy <member184@british_expats.com> wrote:
    > > Divorced or not at the time that his wife's AOS interview comes up,
    > > he can refuse to participate and refuse to provide a new I-864 can
    > > he
    > > not?
    > A laymans answer: the I-864 would still be valid, so while they might
    > want a new one at the interview, if the adjustment is accepted, the
    > old
    > one will work just as well.
    > --
    > J. Moreno

Keywords here are "if the adjustment is accepted."
Can an adjudicator demand an updated I-864, and if one is not provided,
can the adjustment be denied?
If that is a 'yes', then couldn't the OP simply refuse to turn in an
updated I-864. Or maybe even get 'temporarily' laid off from his/her
job so that there is no income (assuming the employer has no problems
with this).

Jacob24

    > Keywords here are "if the adjustment is accepted."
    > Can an adjudicator demand an updated I-864, and if one is not provide-
    > d, can the adjustment be denied?
    > If that is a 'yes', then couldn't the OP simply refuse to turn in an
    > updated I-864. Or maybe even get 'temporarily' laid off from his/her
    > job so that there is no income (assuming the employer has no problems
    > with this).

As a new member i hope my comments do not offend anyone. After much res-
earch i believe i have the answer to this. If the sponsor does not take
an updated I-864 to AOS interview it is highly unlikely they will appro-
ve anything. Think about this, if a sponsor doesnt want to take an empl-
oyment letter, I-864, or anything else for that matter then there could-
nt possibly be a way to get approval. The only exception would be that
the Immigrant could file for divorce, have it finalized before the AOS
interview and file the proper forms to immigrate anyway if the marriage
was over 2 years old and prove it was a marriage of good faith. Correct
me if i am wrong please. I have read about this before. The only other
way would be if the immigrant could prove abuse and that would be diffi-
ult to do without a good, expensive attorney.

Andrew DeFaria

Jacob24 wrote:

    > As a new member i hope my comments do not offend anyone. After much
    > research i believe i have the answer to this. If the sponsor does not
    > take an updated I-864 to AOS interview it is highly unlikely they will
    > approve anything. Think about this, if a sponsor doesnt want to take
    > an employment letter, I-864, or anything else for that matter then
    > there couldnt possibly be a way to get approval.

But the I-864 was already submitted earlier. There is no hard
requirement to have an updated I-864 (at least I don't believe so). The
only reason for an updated I-864 is if there has been a long lag between
the initial filing and the AOS approval and the AOS officer may want to
make sure that the sponsorship is doable.

    > The only exception would be that the Immigrant could file for divorce,
    > have it finalized before the AOS interview and file the proper forms
    > to immigrate anyway if the marriage was over 2 years old and prove it
    > was a marriage of good faith.

I don't think that "marriage was over 2 years old" is a requirement either.

    > Correct me if i am wrong please. I have read about this before. The
    > only other way would be if the immigrant could prove abuse and that
    > would be diffiult to do without a good, expensive attorney.

Hardly. Claiming abuse is easy here in America (how long have you been
here?) and when a woman accuses a man of abuse it is almost accepted as
fact in most situations. The requirements for an abuse waiver are not
that hard to muster up either. Stay in a women's shelter one night. Got
a bruise when you fell off your bike? Take a picture and label it "When
my husband hit me". It'll be taken as fact. Claim that he "emotionally"
abused you. Claim that he told you that if you leave the house he'll
kill you. After all it's only your word against his and I don't believe
when submitting for an abuse waiver that the husband is ever consulted
or asked for his side of the story. Just when it becomes time to enforce
the I-864 will the husband be asked for money.

Kathrynborlandbest

Recently, my husband started with the potential problem and our relations are deadlocked.
After all, I love sex ... I encouraged him to go to the doctor, and he is afraid.
Maybe someone who will help us, tell of impotence pills and where to buy them anonymously. In advance thank you to all who help!
Sorry if in the wrong section leave a message!

ymhnk

Your question sounds hateful and spiteful. But the answer is easy, the 2-year non-renewable greencard will expire on its own, and will not convert to the 10-year renewable card if you don't apply for it, or you both don't show at the interview. The other's status will therefore become illegal automatically. You don't have to do a thing. The other may be able to overcome this by a special rule in which your abuse became the reason for the separation and trouble.