Asked 4 months ago - Miami, FLFlag
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
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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..
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