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I filed for k1 visa fiance form i-129 to petition for my fiance to enter the USA. he entered and we got married .

Miami, FL |

we got married within da 90 day period on september 11,2011. we filed form i485 recently to adjust his staus on november 18,2012 , a year later. his case is pending. i wanted a divorce a while ago but was waiting to see if he is changing. now im sure i want a divorce can i stop his pending case? his i485 is pending? how do i stop it.

Attorney Answers 2

Posted

I would call customer service to check on your application to see why it's still pending first. You can also send a letter to USCIS asking to withdraw your I-485 because you plan to divorce. Check the receipt notice to see the service center that has it. The letter before "SC" will tell you California, Vermont, Nebraska, etc. National Benefits Center is MSC.

www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

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7 comments

Asker

Posted

ok MS Gasson i called USCIS first of all they would not speak to me without his permission why? but anyway they told me his i-485 is at the national benefit center and its pending because they just accepted his fingerprint aka biometric and right now they are processing apps they came in july 11,2012. his app came in in nov2012 so its still pending. what i need to know is this. if i write a letter to USCIS can i withdraw the i129 f from what im seeing i cant withdraw the i485 because im not the applicant on there, he is. I really want to stop him from getting the green card even for two years and i feel like the best time to act is now while its still pending. whatever after i write the letter and i get divorce, will he still be able to apply for da temporary green card without me ? this guy is evil he used me, hes still has a gf in haiti that hes taking care of while hes in USA. i saw text messages on his phone i shouldve forwarded them to my phone because now he put a lock on his phone i have no more proof. please help.

Kristina A. Gasson

Kristina A. Gasson

Posted

You can't withdraw the I-129F because it was already approved. If you want, write a letter to USCIS stating that there is no basis for him to adjust anymore because you are not married. Here is an article I wrote on this subject: http://www.nolo.com/legal-encyclopedia/what-should-i-i-believe-i-am-victim-marriage-fraud.html

Asker

Posted

i dont want to write a letter n say the wrong thing. they will make a decision on his i485 in 4 to 5 months USCIS told me. so i need to get wise about this letter. im still married have not divorced yet so how can i say there is no basis for adjustment? can you elaborate

Kristina A. Gasson

Kristina A. Gasson

Posted

If you are planning to divorce, they will likely not approve the adjustment. If you want to file for divorce, then you should do so and then notify USCIS with a copy of the divorce filing.

Asker

Posted

you've been such a great help i wish u were in florida. that's exactly what i plan to do, divorce him. but will he be able to file adjustment without me?

Asker

Posted

in order words after i divorce him can he still try to file the i485 by himself to readjust his status?

Asker

Posted

you've been such a great help i wish you were in florida Ms Gasson you're saving me a lot. thank you, i will file for divorce before it's too late for me because if this guy is already cheating now after 1 year of marriage, and no green card yet. he will do worst later on in life. i need to get out fast while i have no kids and still young. thanks for guiding me you're the best.

Posted

This is an interesting issue and one that should be explored with counsel. There are some ramifications of withdrawing the application as well as continuing with it and then planning on divorce. Both parties should be advise and understand the consequences.

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3 comments

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Posted

can you be specific about the consequences, if possible. thanks read this here: i called USCIS first of all they would not speak to me without his permission why? but anyway they told me his i-485 is at the national benefit center and its pending because they just accepted his fingerprint aka biometric and right now they are processing apps they came in july 11,2012. his app came in in nov2012 so its still pending. what i need to know is this. if i write a letter to USCIS can i withdraw the i129 f from what im seeing i cant withdraw the i485 because im not the applicant on there, he is. I really want to stop him from getting the green card even for two years and i feel like the best time to act is now while its still pending. whatever after i write the letter and i get divorce, will he still be able to apply for da temporary green card without me ? this guy is evil he used me, hes still has a gf in haiti that hes taking care of while hes in USA. i saw text messages on his phone i shouldve forwarded them to my phone because now he put a lock on his phone i have no more proof. please help.

Philip Alan Eichorn

Philip Alan Eichorn

Posted

The answers to these questions and the detail you've provided entails careful consideration and an in depth conversation. In other words, this is not something to be addressed on a message board. If you'd like to retain our firm, then feel free to contact us.

Asker

Posted

sound like i need me a florida lawyer ASAP

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