DO I NEED TO SUBMIT FINAL DIVORCE PAPERS TO USCIS TO PREVENT MY HUSBAND I485 FROM BEEN APPROVED?

Asked over 1 year ago - Miami, FL

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

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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 .

    The
    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... more
  2. Christian Schmidt

    Contributor Level 19

    6

    Lawyers agree

    1

    Answered . You notify USCIS about your intent to get a divorce and withdraw your I-129F petition.

  3. Samuel Patrick Ouya Maina

    Contributor Level 19

    5

    Lawyers agree

    1

    Answered . 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 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
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