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what happens if 485 is withdrew

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  • what happens if 485 is withdrew

    my husband came to the country on a k1 visa, we married and after only 3 months took off........saying we had enough infor to prove a good faith marriage....I will be going to immigration in a few days.......to let them know he is no longer wanting to be married and living else where.......what are the chances of him being able to stay in the usa........he has been gone longer than the ten days and never changed his address with immigration either.......and he also at one point ask me to lie about our marriage so he could stay in the usa.......what would have happened had I been caught doing that.......please reply because I truly do not know what to do......

  • #2
    Originally posted by hrtbroken
    my husband came to the country on a k1 visa, we married and after only 3 months took off........saying we had enough infor to prove a good faith marriage....I will be going to immigration in a few days.......to let them know he is no longer wanting to be married and living else where.......what are the chances of him being able to stay in the usa........he has been gone longer than the ten days and never changed his address with immigration either.......and he also at one point ask me to lie about our marriage so he could stay in the usa.......what would have happened had I been caught doing that.......please reply because I truly do not know what to do......
    I do not understand your motive. Frankly, your text suggests that you knew before hand that the marriage wasnt a "real" one and that all he wanted was his green card. From what you wrote, he doesnt seem as if he was even trying to fool you into thinking anyhting else. He asked you to lie and you did, so why are you now so surprised and confused? Were you hoping that he would have changed his mind?

    Having said that though, and even though you were complicit in the crime, you can still have him deported. You will need to do statement and an affidavit. Although its a crime and you could be charged with immigration fraud, they are usually very forgiving of the USC spouse , to get your cooperation in going after the alien spouse. However you must consider whether you might wish to remarry another non USC...when you do that marriage would certainly meet a very high scrutiny.

    But if his I-485 has not yet been approved, you really dont even have to do anything right now. You could either refuse to attend the interview with him or go and tell them at the interview that you think that he married you just to get his green card and that youre not willing to be a part of it anymore. Frankly though in my humble opinion, you don't seem to be very resolute and if he comes back and pretends to want to be with you just before the interview, knowing what you do know, what will you do? It seems to me like you would still help him..............why not wait for the interview, when your emotions have settled somewhat and youre better able to be more decisive......once you do it thats it.
    Last edited by curiousone; 08-08-2006, 06:50 AM.

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    • #3
      I didnt know before that he wanted me to lie

      I thought he truly wanted our marriage....it was after he left that he asked me to lie.....saying that by use having been together for the three months that we had enough to pass the interview..........but if any of our love was real for him looks to me like three months is just too short of a time to have really been really committed......and then ask me to lie so he could stay in the usa after leaving the way he did.........am a true believe all things are possible when people try to work through issues.....and also one that follows my heart......and if in fact he did try reconciliation that if he ever meant one word or moment in which we shared then yes it could have gone either way had he just come home and gave it enough time......

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      • #4
        Originally posted by hrtbroken
        I thought he truly wanted our marriage....it was after he left that he asked me to lie.....saying that by use having been together for the three months that we had enough to pass the interview..........but if any of our love was real for him looks to me like three months is just too short of a time to have really been really committed......and then ask me to lie so he could stay in the usa after leaving the way he did.........am a true believe all things are possible when people try to work through issues.....and also one that follows my heart......and if in fact he did try reconciliation that if he ever meant one word or moment in which we shared then yes it could have gone either way had he just come home and gave it enough time......

        Hes wrong. If at the date of the interview, you're not together it will not necessarily mean that he couldnt get it if he could prove that the intent was to have a valid marriage. If however at the interview you come out and say that he left after three months and that based on what he did and say, his only intent was to get his green card, then hes in trouble.

        But on a personal level, he is explicitly telling you he does not want to be with you. Why are you not listening? You have to listen to what he's saying and you have to believe it. Its very painful I'm sure but why do you want to be with someone who does not want to be with you?

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