Jump to content
Saintdog

Separation Before the AOS Interview

 Share

19 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline

My wife and I are staying in different places and not sure if it will ultimately work out. We dont want to divorce, but were not completely in love either. I don't mind to help her get her AOS and green card, but please advise what you think we should do. I think the technical thing is to divorce and have her go back to Philippines, but I don't and she doesn't want to go back. I'd rather her stay and work and help her family...

Thoughts?

Link to comment
Share on other sites

You help her get the 2 year conditional green card. Then what will happen during the ROC?

How are you going to manufacture evidence of bona fide marriage If you are not living in marital union?

Don't forget that you will be on hook for the I-864 till she becomes USC or works 40 quarters credits.

If you ever want to petition another fiancée or spouse, you will have to include her in your household size as well.

Edited by Merrytooth

Done with K1, AOS and ROC

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

I'm 40 and don't plan on getting married again. As far as the affidavit of support,, there is no way to have her sign a prenuptial? She will be working soon and has family and friends here for support.

Link to comment
Share on other sites

Filed: Country:
Timeline

ask yourself a few questions.

did she push you to get all the paperwork done quickly?

are you willing to be financially responsible for her for up to 10 years?

how are you going to convince uscis that she should get a marriage based green card when the marriage might not last to the interview?

things to be cautious about.

if she came on k1 she can ONLY gain legal status through YOU. so if things magically get better use caution.

when you try to reconcile do it in a public place so there is no risk of a vawa being brought against you.

are you sticking with this just to be a "nice guy"

prenuptial does nothing against the i864, it is between you the the us government.

Edited by f f
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline

I don't think a pre-nupt keeps you from the responsibilities of the 864. Yes, there are many married couples that lead separate lives for various reasons. You just have to weigh the options in front of you and understand that due to the immigration aspect, your situation is different than many other people. To get the GC you have to show a true marriage, which may be hard for your situation.

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

So basically if she becomes a ward of the state, then Im financially obligated (if she doesnt work and becomes a dreg of society)? What if we divorce after citizenship? She is not a cold hearted person, but I understand I am in a bind if she turned out to be, which is not my thoughts at all. We just dont work

Link to comment
Share on other sites

Filed: Country:
Timeline

why would you stay married till citizenship if you seperate before aos interview?

that would mean you would have to prove your in a legit relationship 3 times, over a span of at least 3 years.

why are you so determined to be helpful? (yes I know I sound like a &^/&* you don't need to tell us just tell yourself)

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline

why would you stay married till citizenship if you seperate before aos interview?

that would mean you would have to prove your in a legit relationship 3 times, over a span of at least 3 years.

why are you so determined to be helpful? (yes I know I sound like a &^/&* you don't need to tell us just tell yourself)

I agree, these are questions you should be asking yourself. There is being a nice guy and going too far sometimes. It is your decision, just make sure you understand all the risks.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Link to comment
Share on other sites

I'm sorry if it did not work out for you both but you need to take all their advices.. just think about yourself and what will be all the consequences.. Goodluck!

- K1 Visa Timeline -                                                                            - AOS Timeline -

August 25, 2015 - i-129F filed via USPS!                                                                        March 22, 2016 - SSN Application (bring passport and i-94 prinout)

August 27, 2015 - NOA1                                                                                                 March 28, 2016 - SSN Card Received

August 31, 2015 - NOA1 Hardcopy Received                                                                   March 28, 2016 - CIVIL Wedding Ceremony!

September 23, 2015 - RFE Received                                                                              April 12, 2016 - Certified Copy of Marriage Certificate received!

September 27, 2015 - RFE Sent to CSC                                                                         April 18, 2016 - Filed AOS via USPS

October 7, 2015 - NOA2 / our case was approved!!                                                        April 20, 2016 - AOS Delivered!

October 10,2015 - NOA2 Hardcopy Received                                                                 April 26, 2016 - went back to SSA to have my card name changed!

November 12, 2015 - received NVC email that case ready for interview                         April 29, 2016 - received 3 NOAs i-485/i-765/i-131 from the mail! (April 25, 2016 Notice Date)

December 8, 2015 - SLEC Medical but failed on CXR had to do sputum tests!                May 14, 2016 - received mail for Biometrics Appointment Letter (dated May 26, 2016)

December 14,15,16 2015 - went back to SLEC for Sputum Tests!                                   May 26, 2016 - Biometrics done!

December 18, 2015 - Initial sputum tests done! Results are negative                             June 3, 2016 - per case status online i-485 "Ready to schedule for interview"

February 10, 2016 - received email from SLEC sputum tests negative                           July 5, 2016 - 1st SR for EAD (75th day from the received date)

February 17, 2016 - SLEC medical done!!!                                                                       July 16, 2016 - recieved an email EAD case is under review

February 23, 2016 - USEM interview approved! The CO has only 3 questions! LOL        July 22, 2016 - 2nd SR for EAD (92nd day from the received date)

March 4, 2016 - K1 visa packet received!!                                                                      August 2, 2016 - EAD status changed to New Card is being produced

March 8, 2016 - CFO seminar done                                                                               August 3, 2016 - EAD/AP status changed to CASE was APPROVED!

March 19, 2016 - arrived at my POE Los Angeles                                                          August 9, 2016 - EAD/AP combo card received!

                                                                                                                                     September 28, 2016 – Case status changed to “Schedule for interview”

                                                                                                                                     October 28, 2016 – Interview day!
                                                                                                                                     November 2, 2016 – received RFE (IO wants all pages of Form I-693 to be filled out by CS)
                                                                                                                                      November 12, 2016 – RFE response sent!
                                                                                                                                      November 22, 2016 – AOS APPROVED!!

                                                                                                                                      December 2, 2016 – 2 year conditional green card received!

God is Good, All the Time.. :goofy: :rolleyes:

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...