HE SUBMITTED I485 IN NOVEMBER 2012 AND IT'S STILL PENDING. I'M GOING TO FILE FOR DIVORCE BECAUSE THE MARRIAGE IS TERRIBLE AND I WILL WRITE A LETTER TO USCIS WITH COPY OF DIVORCE FILING? WILL THAT BE ENOUGH TO STOP HIS I485 FROM BEEN APPROVED? HE CAME IN ON A K1 VISA. WE GOT MARRIED WITHING 90 DAYS? ALSO CAN I FILE THIS DIVORCE BY MYSELF? THE LAWYER I CONTACTED IN MIAMI FLORIDA IS CHARGING TOO MUCH. PLEASE HELP WITH SOME CLEAR DETAILED ANSWERS. THANKS
No. The right way of "stopping" your husband from getting his I-485 approved is to simply send a letter to the USCIS District office where the AOS is currently pending at and where you and your husband are going to be scheduled to be interviewed .
Enter you'll send USCIS should simply state (without offering any explanation or justification) that you hereby withdraw the Form I-130 Petition for Alien Relative you recently filed on his behalf, effective immediately.
Address the letter to the district director him/herself.
Make sure to send the letter with certified mail, return receipt requested and keep a copy for yourself. Better yet, you can also schedule an INFOPASS appointment at the district office, where you present a other original withdrawal letter and make sure it gets into the AOS file. Your soon to be ex husband's AOS will then collapse like a "house of cards". He will have no status left and will be asked to depart.
Being a man and not a woman, any VAWA case his immigration attorney may want to bring will fail, for unlike what is in the books, USCIS hardly ever approved a VAWA case filed by a man..
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You can inform CIS of the impending divorce and submit proof thereof. Whether you decide to use an attorney or file for the divorce on your own is up to you.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104