Can I cancel immigrant visa petition without divorce?

[Scram716]

I wasnt saying that to Stevef... I was saying thst to prosp who said I was a waste of his time..

 

[Scram716]

Stevef, we filed the i-130 alíen relative

 

[Mass_Shyster]

Stevef, we filed the i-130 alíen relative

Have you gone to the interview yet? Does she have a conditional green card?

My wife keeps telling me she only married me for a green card. You'd think after 30 years she would have divorced me and taken half my toys.

 

[Scram716]

Have you gone to the interview yet? Does she have a conditional green card?

My wife keeps telling me she only married me for a green card. You'd think after 30 years she would have divorced me and taken half my toys.

Thanks for replying, and no we haven't gotten an interview yet. And no she doesn't have a conditional green card. She doesnt have a social, a valid ID or a valid passport either because the passport is expired. She hasn't even done the fingerprints yet. We received a letter in the mail saying the fingerprint date is August 22.

 

[quincy]

... every time her mom and dad pick her and our son up from my house, they dont like to buckle him up or even attach the car seat into the car! And not to mention none of them even have a drivers license and they are always drinking beer and driving.

On what I have quoted above:

If your wife and her parents do not have drivers licenses and if any one of them is drinking beer when they arrive to pick up your son, you call the police and report them. You should not let your son ride unbuckled in an improperly installed car seat with a drinking driver and/or a driver with no driver's license. Let the police handle the matter.

Your situation is a mess. It appears time for you to seek out legal help from an attorney in your area, to see if the attorney can help you clean up the mess.

Good luck.

 

[Proserpina]

Do you know the form number you filed, or the correct name? A change of status is used to change from one non-immigrant status to another non-immigrant status. One example is changing from a tourist (B2) to a student (F1).

When you marry an immigrant, you generally file an I-130 (Petition for Alien Relative), an I-865 (Adjustment of Status) and, if the relationship is through a recent marriage, an I-751 (Petition to Remove Conditions on Residence) after two years.

Your options depend on what stage you are at.

(The I-865 is the Change Of Address form; I-485 would be the AoS form he needs. OP, it was nothing but a typo, so no big deal)

(And thanks, SteveF; your posts are always appreciated and usually teach me something!)

 

[Mass_Shyster]

Thanks for replying, and no we haven't gotten an interview yet. And no she doesn't have a conditional green card. She doesnt have a social, a valid ID or a valid passport either because the passport is expired. She hasn't even done the fingerprints yet. We received a letter in the mail saying the fingerprint date is August 22.

You can effectively withdraw the petition by not going to the interview. They will not grant her immigrant status based on an I-130 without your cooperation.

HOWEVER

The fact that you have a child together after the marriage took place is pretty compelling evidence that the marriage was entered into in good faith, and that the marriage broke down afterwards. She will likely qualify to self-petition with an I-360. Even without that, she likely qualifies for DACA (Deferred Action for Childhood Arrival).

That being said, I think you should carefully consider the consequences of taking those actions, and what impact it may have on your child. You should seek the guidance of a divorce attorney.

(The I-865 is the Change Of Address form; I-485 would be the AoS form he needs.

Oops. I hate numbers (pretty silly of me to major in Math)

 

[t74]

You have a 9 month old child with this woman. If she does not gain permanent residency then your child could end up being totally separated from his mother or totally separated from his father. Neither situation would be in the best interest of your child.

I understand that you are hurt, but you really need to care more about the best interest of your child than of your hurt feelings.

Since he can be financially ruined having to support her after a divorce, he should not use making her legal the reason for going forward. It is unlikely that she is going to leave the country in which she has lived as an overstay for nearly 19 years. Since it is his belief that he is being used for an immigration benefit, he needs to get to an immigration attorney ASAP for an review of his situation.

 

[stealth2]

Well you Also dont know the full story either but thanks for your two cents

How would we if you didn't share it? Now, give back at least one of those cents.

 

[not2cleverRed]

Since he can be financially ruined having to support her after a divorce, he should not use making her legal the reason for going forward. It is unlikely that she is going to leave the country in which she has lived as an overstay for nearly 19 years. Since it is his belief that he is being used for an immigration benefit, he needs to get to an immigration attorney ASAP for an review of his situation.

He's still going to be on the hook for child support. Think of how many posters complain about how paying child support is just destroying their lives, and how unfair it is to their new family.

But he should get an immigration attorney ASAP.

I have one word: VAWA. (Okay, one acronym.)

Hey, if really she married him just for the greencard and he wouldn't sponsor her first off, so she had a kid with him to seal the deal... and even then she had to find someone else and forge their signature so that the application would satisfy the financial requirements... what'd be so surprising about a claim of domestic violence? She can already say that he's trying to control her by controlling her legal status. (Why didn't he sponsor her when they got engaged/first married?) We don't know what's been going on in that house. Maybe she'll claim the marriage is legit on her part, that she thought he was the love of her life, but he started being abusive and now she's just biding her time so that she can leave him.

I predict she will get her way, one way or another.

 

[Scram716]

He's still going to be on the hook for child support. Think of how many posters complain about how paying child support is just destroying their lives, and how unfair it is to their new family.

But he should get an immigration attorney ASAP.

I have one word: VAWA. (Okay, one acronym.)

Hey, if really she married him just for the greencard and he wouldn't sponsor her first off, so she had a kid with him to seal the deal... and even then she had to find someone else and forge their signature so that the application would satisfy the financial requirements... what'd be so surprising about a claim of domestic violence? She can already say that he's trying to control her by controlling her legal status. (Why didn't he sponsor her when they got engaged/first married?) We don't know what's been going on in that house. Maybe she'll claim the marriage is legit on her part, that she thought he was the love of her life, but he started being abusive and now she's just biding her time so that she can leave him.

I predict she will get her way, one way or another.

She WILL. Shes already threatened me with that and she even called the cops on me once saying I grabbed her during an argument and when they got here they even told me that they knew it was a lie etc (no marks and fyi I would never put my hands on any women, specially in this situation)

Edit; Child support sucks but thats the least of my worries. Also, I dont think I would be able to get her for fraud.. Cuz we did have a normal relationship before marriage. But ever since we filed the petition its almost as if she hates me

 

[Scram716]

Another question guys, it might be a dumb one but I'm young and new to parenting

My family (sister and her kids, and my mom) just came down from NY to see my dad. He was just diagnosed with cancer and stage IV cirrhosis..
My wife despises my sister. One reason is because back when my son was born in November, my wife and I didnt live together. Everything was great, even at the hospital I got to see my son for the first 3 days but once it was time to take him home, they took him to where my wife stayed at of course (her parents house). But once we got there from that day forward she never let me see him again. It was out of the blue! She wouldnt answer my calls, wouldnt reply to my texts, she even blocked me on social media. And yes we were married at this point... But anyway I tried to get help and everyone I spoke to would tell me all I could do is file for divorce first. So i went to the court house and she was there too! She followed me upstairs without me knowing and I picked up the divorce papers and she saw. After that day, she magically changed. She started hitting me up asking me if I wanted to see my son. I was gonna just file for divorce but I ended up not doing it. My sister called her and basically told her that if I couldnt see my son that I would divorce her and deport her. (Yeah my sister was kinda dumb for saying that but she was so pissed off that her lil brother couldnt see his own son). Ever since then, my wife hates my sister.

Anyway, present-time now: My wife hates my sister, she told me my sister could never see my son. my wife works two days a week (12-10pm Mondays & Wed, and during those days I was planning on taking my son to spend the day with my sister. But my wife knew this, so she decided to take the next three weeks off from work to make sure this can't happen. (We are short on bills too this month and she told me to just figure it out LOL).
Can I just get up one morning and just leave with my son and go see my sister? Maybe leave a text message to my wife saying ima go see my sister with him? Or can she call the cops and say I kidnapped him ? lmao this sounds so dumb cuz I'm his father and we are married and we all live together! But my wifes so f*** up, I can't even take my son to Walgreens with me. The only times I get to spend alone time with him are every M and W when shes workin the whole day

 

[Proserpina]

Another question guys, it might be a dumb one but I'm young and new to parenting

My family (sister and her kids, and my mom) just came down from NY to see my dad. He was just diagnosed with cancer and stage IV cirrhosis..
My wife despises my sister. One reason is because back when my son was born in November, my wife and I didnt live together. Everything was great, even at the hospital I got to see my son for the first 3 days but once it was time to take him home, they took him to where my wife stayed at of course (her parents house). But once we got there from that day forward she never let me see him again. It was out of the blue! She wouldnt answer my calls, wouldnt reply to my texts, she even blocked me on social media. And yes we were married at this point... But anyway I tried to get help and everyone I spoke to would tell me all I could do is file for divorce first. So i went to the court house and she was there too! She followed me upstairs without me knowing and I picked up the divorce papers and she saw. After that day, she magically changed. She started hitting me up asking me if I wanted to see my son. I was gonna just file for divorce but I ended up not doing it. My sister called her and basically told her that if I couldnt see my son that I would divorce her and deport her. (Yeah my sister was kinda dumb for saying that but she was so pissed off that her lil brother couldnt see his own son). Ever since then, my wife hates my sister.

Anyway, present-time now: My wife hates my sister, she told me my sister could never see my son. my wife works two days a week (12-10pm Mondays & Wed, and during those days I was planning on taking my son to spend the day with my sister. But my wife knew this, so she decided to take the next three weeks off from work to make sure this can't happen. (We are short on bills too this month and she told me to just figure it out LOL).
Can I just get up one morning and just leave with my son and go see my sister? Maybe leave a text message to my wife saying ima go see my sister with him? Or can she call the cops and say I kidnapped him ? lmao this sounds so dumb cuz I'm his father and we are married and we all live together! But my wifes so f*** up, I can't even take my son to Walgreens with me. The only times I get to spend alone time with him are every M and W when shes workin the whole day

"lil bro"? Pyscho sister? And you have the unmitigated gall to demonize Mom and her actions?!

Dude, seriously - are you actively trying to hand custody to Mom on a silver platter with a cute little red bow? You can't afford to NOT get an attorney.

And no, you can't "get her" for fraud. Not unless you are willing to admit your part it in, anyway. You up for that? Nope. Didn't think so. But I do hope you both get all that you're legally entitled to.

 

[Scram716]

"lil bro"? Pyscho sister? And you have the unmitigated gall to demonize Mom and her actions?!

Dude, seriously - are you actively trying to hand custody to Mom on a silver platter with a cute little red bow? You can't afford to NOT get an attorney.

And no, you can't "get her" for fraud. Not unless you are willing to admit your part it in, anyway. You up for that? Nope. Didn't think so. But I do hope you both get all that you're legally entitled to.

lil bro psycho sister what do you mean? I'm confused. and i'm not trying to get her for fraud. and no i didnt have a part to do with it. We were supposed to give the I-184 to our sponsor to sign. But instead, her mom signed it and actually went alone without my wife or I and handed it in to our lawyers office.

I dont want her in jail either. I just wanted to know if I can withdraw the petition right now while remaining married or not. Cuz I really dont have money for a divorce this moment. Im realizing I'm pretty screwed and will probably have to wait it out until I do have the money and just divorce.

 

[Zigner]

I don't think the OP got married just to get her papers. I think she got married legitimately, but in haste, and is simply waiting to divorce until the paperwork goes through.