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

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

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Attorney answers 3

Best Answer
Posted

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 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.

Asker

Posted

i filed form i129f for him and it was approved that's why he got the k1 visa which expired on july 2011. after the wedding i did not file the adjusment form right away. we recently sent it on november 17, 2012. USCIS told me its pending at the national benefit center in leesummit missouri. whats the mailing address there? and how do i scheduled an infopass appointment? do you know the link? so from what im getting i don't even need the final divorce papers i just need to send a return receipt letter and go see an officer at my local USCIS office. right?

Asker

Posted

i got it the info and the infopass appointment for feb 26 thanks a lot

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

You are very welcome! Best wishes

Posted

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, Suite 707 San Francisco, CA 94104

Asker

Posted

can i send the letter without proof of divorce filing yet. i have no money to file yet but will do soon?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Yes you can.

Asker

Posted

ok thanks a lot by the way do you know the address of the national benefit center where i should mail it to?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You should mail it to whichever local office has the file presently - the office where he filed for adjustment of status.

Asker

Posted

ok i will mail and show up for infopass appointment face to face

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Good luck.

Posted

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

Asker

Posted

can an approved i-129f be withdrawn? it was approved back then and that's why they gave the k1 visa. please elaborate, thanks