VisaJourney.com > Cutting ties or helping with AOS

pushbrk

Mar 5 2008, 11:43 PM

QUOTE(southernchic @ Mar 5 2008, 08:33 PM)

QUOTE(Caladan @ Mar 5 2008, 10:57 PM)

ms. mermaid, suppose a spouse wants to adjust, but doesn't have the support of the USC spouse, and decides to pursue the self-sponsor with failure to file construed as abuse under VAWA option.

In terms of the USC's obligations at that point... are there any? I'm wondering if it's completely irrelevant to southernchic's case aside from her marriage failing. If the guy manages to go through the whole VAWA process to get a green card, using her failure to file as 'abuse' to qualify, it would happen independently of her at this point anyway, right?

I appreciate everyone's advice and perspective. If my husband decides to file based on abuse I"ll do what I can to fight it. Otherwise, my goal is to move on with my life and not look back.

I'm not sure what recourse i have. I'm not sure what I can do from a defensive position. I don't even know what impact would such a claim have against me or if it would hurt me as far as employment or some other background check is concerned. I'd love to hear more along these lines.

Otherwise, I'm SERIOUSLY over it.

I can't see any way this kind of abuse claim, even if successful for immigration purposes, would have any negative impact on you personally, result in any financial liability or even need to be "fought" beyond telling the truth if asked.

It could impact a future K1 process if soon enough to require a waiver.

diadromous mermaid

Mar 6 2008, 09:20 AM

QUOTE(Caladan @ Mar 5 2008, 10:57 PM)

ms. mermaid, suppose a spouse wants to adjust, but doesn't have the support of the USC spouse, and decides to pursue the self-sponsor with failure to file construed as abuse under VAWA option.

In terms of the USC's obligations at that point... are there any? I'm wondering if it's completely irrelevant to southernchic's case aside from her marriage failing. If the guy manages to go through the whole VAWA process to get a green card, using her failure to file as 'abuse' to qualify, it would happen independently of her at this point anyway, right?

Yes, as pushbrk has already stated. Yes, his case would be entirely separate. However, he would need documentation to prove the bonafides of the marriage. Whether he has sufficient evidence of that, and indeed whether this delay could qualify for a waiver, remains to be seen. Southernchic has not submitted an I-864 at this point, so there is no binding agreement with USCIS.

Caladan

Mar 6 2008, 09:45 AM

QUOTE(diadromous mermaid @ Mar 6 2008, 09:20 AM)

QUOTE(Caladan @ Mar 5 2008, 10:57 PM)

ms. mermaid, suppose a spouse wants to adjust, but doesn't have the support of the USC spouse, and decides to pursue the self-sponsor with failure to file construed as abuse under VAWA option.

In terms of the USC's obligations at that point... are there any? I'm wondering if it's completely irrelevant to southernchic's case aside from her marriage failing. If the guy manages to go through the whole VAWA process to get a green card, using her failure to file as 'abuse' to qualify, it would happen independently of her at this point anyway, right?

Yes, as pushbrk has already stated. Yes, his case would be entirely separate. However, he would need documentation to prove the bonafides of the marriage. Whether he has sufficient evidence of that, and indeed whether this delay could qualify for a waiver, remains to be seen. Southernchic has not submitted an I-864 at this point, so there is no binding agreement with USCIS.

I was just curious, as I realized I didn't actually know. This is good to point out, because we get a lot of people on here worried about the dreaded faked abuse case, and I couldn't see how someone else's self-petition that did not involve (as near as I could tell) any legal or financial responsibility on the part of the USC was the cause for so much fuss.

southernchic

Mar 6 2008, 01:01 PM

QUOTE(Caladan @ Mar 6 2008, 09:45 AM)

QUOTE(diadromous mermaid @ Mar 6 2008, 09:20 AM)

QUOTE(Caladan @ Mar 5 2008, 10:57 PM)

ms. mermaid, suppose a spouse wants to adjust, but doesn't have the support of the USC spouse, and decides to pursue the self-sponsor with failure to file construed as abuse under VAWA option.

In terms of the USC's obligations at that point... are there any? I'm wondering if it's completely irrelevant to southernchic's case aside from her marriage failing. If the guy manages to go through the whole VAWA process to get a green card, using her failure to file as 'abuse' to qualify, it would happen independently of her at this point anyway, right?

Yes, as pushbrk has already stated. Yes, his case would be entirely separate. However, he would need documentation to prove the bonafides of the marriage. Whether he has sufficient evidence of that, and indeed whether this delay could qualify for a waiver, remains to be seen. Southernchic has not submitted an I-864 at this point, so there is no binding agreement with USCIS.

I was just curious, as I realized I didn't actually know. This is good to point out, because we get a lot of people on here worried about the dreaded faked abuse case, and I couldn't see how someone else's self-petition that did not involve (as near as I could tell) any legal or financial responsibility on the part of the USC was the cause for so much fuss.

Perhaps it makes sense to add a new FAQ or something. Its hard to believe that an abuse case wouldn't have some sort of ramifications some where down the road. Maybe the sherrif doesn't show up at your door but what if you apply for a job and there's a background check and it shows up. Its just good to know how it all works. The alien may still pursue a fake or broadly defined case and win. But ifsomeone's innocent, it would be helpful to gather stories or facts to explain what it means and what it does NOT mean down the road.

MRS BILLY BONG

Mar 6 2008, 01:07 PM

When filing our AOS our lawyer informed me that whether or not we remain married I was bound to support him for 10 years based on the support paperwork. Also - if you adjust status you would be lying if you said you were happily married. I'm assuming this man is an adult...force him to act like one.

Omoba

Mar 6 2008, 01:17 PM

QUOTE(MRS BILLY BONG @ Mar 6 2008, 02:07 PM)

When filing our AOS our lawyer informed me that whether or not we remain married I was bound to support him for 10 years based on the support paperwork. Also - if you adjust status you would be lying if you said you were happily married. I'm assuming this man is an adult...force him to act like one.

The OP is fully aware of this. It was discussed in the previous pages.

Boiler

Mar 6 2008, 01:19 PM

10 years?

That's wrong.

Omoba

Mar 6 2008, 01:28 PM

My point was she knows she would be lying and has never had any intention to do so. She has made her decision.

The liability again is as posted here earlier

......40 work quarters
......LPR status is abandoned
......becomes US citizen
.....spouse dies

pushbrk

Mar 6 2008, 03:08 PM

QUOTE(southernchic @ Mar 6 2008, 10:01 AM)

QUOTE(Caladan @ Mar 6 2008, 09:45 AM)

QUOTE(diadromous mermaid @ Mar 6 2008, 09:20 AM)

QUOTE(Caladan @ Mar 5 2008, 10:57 PM)

ms. mermaid, suppose a spouse wants to adjust, but doesn't have the support of the USC spouse, and decides to pursue the self-sponsor with failure to file construed as abuse under VAWA option.

In terms of the USC's obligations at that point... are there any? I'm wondering if it's completely irrelevant to southernchic's case aside from her marriage failing. If the guy manages to go through the whole VAWA process to get a green card, using her failure to file as 'abuse' to qualify, it would happen independently of her at this point anyway, right?

Yes, as pushbrk has already stated. Yes, his case would be entirely separate. However, he would need documentation to prove the bonafides of the marriage. Whether he has sufficient evidence of that, and indeed whether this delay could qualify for a waiver, remains to be seen. Southernchic has not submitted an I-864 at this point, so there is no binding agreement with USCIS.

I was just curious, as I realized I didn't actually know. This is good to point out, because we get a lot of people on here worried about the dreaded faked abuse case, and I couldn't see how someone else's self-petition that did not involve (as near as I could tell) any legal or financial responsibility on the part of the USC was the cause for so much fuss.

Perhaps it makes sense to add a new FAQ or something. Its hard to believe that an abuse case wouldn't have some sort of ramifications some where down the road. Maybe the sherrif doesn't show up at your door but what if you apply for a job and there's a background check and it shows up. Its just good to know how it all works. The alien may still pursue a fake or broadly defined case and win. But ifsomeone's innocent, it would be helpful to gather stories or facts to explain what it means and what it does NOT mean down the road.

Claims of abuse to USCIS don't go in a record against you other than as related to immigration. An actual criminal arrest and charge for abuse would. At this point, we're only discussing an AOS applicant's "claim". If that claim includes a police report, whole different story. That doesn't apply here.

Omoba

Mar 6 2008, 03:19 PM

QUOTE(Boiler @ Mar 6 2008, 02:19 PM)

10 years?

That's wrong.

40 work quarters ' usually ' are equivilant to 10 years according to the instructions on the affidavid of support form I-864.

diadromous mermaid

Mar 6 2008, 04:41 PM

QUOTE(Omoba @ Mar 6 2008, 03:19 PM)

QUOTE(Boiler @ Mar 6 2008, 02:19 PM)

10 years?

That's wrong.

40 work quarters ' usually ' are equivilant to 10 years according to the instructions on the affidavid of support form I-864.

Well, if divorced, that can be true. While married to a USC an alien can get credit for any qualifying quarter his spouse accrues too. So, in essence, if the marrie couple both work and make the required contribution to SSA to qualify for each calendar quarter, then it is possible to satisfy the Affidavit of Support in 5 years.

Of course, divorce not only stops the spouse's quarters from continuing to accrue, but the alien loses those quarters that his ex-spouse accrued while married.

pushbrk

Mar 6 2008, 07:39 PM

QUOTE(diadromous mermaid @ Mar 6 2008, 01:41 PM)

QUOTE(Omoba @ Mar 6 2008, 03:19 PM)

QUOTE(Boiler @ Mar 6 2008, 02:19 PM)

10 years?

That's wrong.

40 work quarters ' usually ' are equivilant to 10 years according to the instructions on the affidavid of support form I-864.

Well, if divorced, that can be true. While married to a USC an alien can get credit for any qualifying quarter his spouse accrues too. So, in essence, if the marrie couple both work and make the required contribution to SSA to qualify for each calendar quarter, then it is possible to satisfy the Affidavit of Support in 5 years.

Of course, divorce not only stops the spouse's quarters from continuing to accrue, but the alien loses those quarters that his ex-spouse accrued while married.

The alien becoming a citizen can also happen in less than ten years but since it can take 10 years to get clear of the affidavit, I think the advisors are simply stating what to be prepared for.

diadromous mermaid

Mar 6 2008, 08:59 PM

QUOTE(pushbrk @ Mar 6 2008, 07:39 PM)

QUOTE(diadromous mermaid @ Mar 6 2008, 01:41 PM)

QUOTE(Omoba @ Mar 6 2008, 03:19 PM)

QUOTE(Boiler @ Mar 6 2008, 02:19 PM)

10 years?

That's wrong.

40 work quarters ' usually ' are equivilant to 10 years according to the instructions on the affidavid of support form I-864.

Well, if divorced, that can be true. While married to a USC an alien can get credit for any qualifying quarter his spouse accrues too. So, in essence, if the marrie couple both work and make the required contribution to SSA to qualify for each calendar quarter, then it is possible to satisfy the Affidavit of Support in 5 years.

Of course, divorce not only stops the spouse's quarters from continuing to accrue, but the alien loses those quarters that his ex-spouse accrued while married.

The alien becoming a citizen can also happen in less than ten years but since it can take 10 years to get clear of the affidavit, I think the advisors are simply stating what to be prepared for.

The advisors are presuming the alien would wish to become a citizen too!

melusine

Mar 8 2008, 12:47 PM

Honestly, i wouldn't do the aos if i were you.
It's done, it's done....enough.
you need to keep moving and have i m sure some better things to do with your life.

cindishah

Mar 12 2008, 11:44 PM

Oh he wanted to come here to be an american gigloo instead of a husband..How about a good old fashoined muslim goodbye.. a belt in mouth and boot in #### clear out of your sight and hopefully your country.. HE IS NOT WORHTY of your good graces dear.