Hello all! I think the realism of my marriage has set-in on my wife. We recently married and she is terribly homesick! We have not even filed any of the AOS paperwork! And, I do not think she can wait for the AP documentation to be processed. So, my question is this -- if she voluntarily leaves the country, violating the terms of her K-1 Visa, can she re-enter via the K-3 process if that time in our lives comes? Or, would her leaving kill any chances of re-entry? Thanks.

She can leave anytime she wants and you can re-apply for another visa if and when the time comes if that is what you end up deciding to do.

The homesickness does lessen with time and acclimation.

When did she arrive?

Any chance that she can hang in there a little longer until at least AP has been approved? Mine took a little less than two months. Can't she give it a try until then? You could file AOS quickly now and with a little luck she could be home for Christmas.

Refiling for K1 orK3 would take quite a while, I would suspect, not to talk about the lost money....

K-1 is no longer an option due to marriage.....

Ooops, me bad, sorry (foot-in-mouth-disease)!

According to your timeline, she hasn't been here very long.
You should take the time to talk, but also you as the USC should take her around and get her to enjoy where you live so she will feel better. Have her meet friends, ask girls you know to spend time with her. It hasn't even been a month yet after all.
What is it that she misses from her home country?
Try to work on the issues with her.

If she really needs to go back now, do so and then file for a K3, but talk also about the fact that you are going to be separated again and see if that's worth getting rid of a surge of homesickness.

If she leaves without AP, you'll need to file either a K3 or CR-1 for her to come back to live. Hopefully you can work it all out though and she can wait for AP.

Less then a month is just not enough time to even settle into your lives together. I really think you guys need to sit down and talk. Jumping ship now just proves there are bigger problems out there.

I know if my husband had proposed this after such a short period of time, I would've said "see ya!" Too much time and money is invested in this whole process to just throw it all away without an effort. And, I would not even consider refiling under some other visa........the time, the efforts, the $$$$, not to mention the emotional tolls.

Hopefully she will give it a bit more time. Have you tried getting her involved in something locally, like church activities or volunteer work? That might help if she met some new friends. Good luck

I know what your wife is going through, cause my husband has the same thing. He misses his home & country so bad. Yes I said country also. He has gotten used to the life here, the benefits, the ease of life, all the good stuff. But he still misses his friends, he says a lot of the people here are closed in themselves, don't talk freely, and are a bit fake. No one here has free time like they did in his home country.

I say work on the issue with your wife NOW. File AOS, and if need be, you can get an emergency AP at an infopass appt (warning, you better have a real good reason there, not just missing home, otherwise you'll have to wait around 3 months for AP.)

I try to get all the stuff my husband had in his country, for him to have here: movies, papers, ease of communications with family/friends over there. But its still super hard. Comfort here and try to do it one day at a time. I say file everything and plan to go back with her to Ukraine for Christmas. Since there will be a concrete date, she'll have something to look forward to and will be able to get by.

Don't let your fiance sit alone at home, try to get her out with people & girls. Girls doing girl stuff will maybe help get her mind off missing home so much, and more accustomed to her new home with you.

Well, I guess my wife was more confused that I could have imagined when we married a few weeks back. She just told me that she wants to go home to be with someone else. That she went through the wedding with me because she really didn't know what to do. But now she knows what she wants -- and it's not me. What to do, what to do ?????

I'm so sorry WillyKid

I wouldn't stay with someone who didn't want to be with me.

My 'what to do' would be get her the next flight out of town and find myself a divorce lawyer.

Well, that's different then. Sorry to hear that WillyKid.
Good thing you didn't file AOS yet.

In that case I would agree with TracyTN's advise

I think I would tend to agree here... The two things I would be worried about is 1) getting her back on a plane and 2) whether to file a divorce in USA or Ukraine... Not sure what city your wife is from but If you need a good lawyer in the southern part of Ukraine I can provide a suggestion.....

We were officially married in the USA. So, I do not think we'll need to UKR lawyer. But, thanks for the offer!

I do not think that is the part that matters? Marriages (and I would think divorces) are recognized worldwide and I don't think it is a mandatory requirement to perform the divorce in the same country as the marriage.

If you were married in the UA and then relocated to the USA... a few years later decided to get a divorce.. do you have to do it in the UA or USA? I may be wrong but I think the determining factor is that it needs to be done in one or the other's place of residence (wherever that happens to be at the time of filing)... not necessarily the place where it took place... A lawyer in UA will be a lot cheaper than USA....

I wish you much luck in getting resolutio to this....

I'm sorry to hear that.

Depending on your state, you may be eligible for a "speedy divorce", since you haven't been married for a long time.

Wow!! I'm sorry you are going thru this.

Sorry to hear about that...I wish you all the best

You should qualify for an annulment based on her admission that she wasn't really marrying you because she wanted to. I'd recommend looking into an annulment.

May I ask, how long did you two know each other before getting engaged?

You file in the jurisdiction wherein you reside at the time you decide to divorce.

Sorry to hear that, she sounds like a very mixed up person, the best thing to do is to send her back and forget about her.

I doubt that would fly in many a court. Changing one's mind or having misgivings afterwards is a far cry from fraud or, in this case, fraud through marraige by deception. If she's interested in leaving this country what did she gain through this marriage?

If you mean you file in the jurisdiction where one of the parties resides then I agree... I know a USC who married in the USA and then whose wife subsequently returned home and he filed in HER jurisdiction.... I was living in Indiana and my ex-wife in Minnesota... I filed in Minnesota...

I'm sorry to hear this too .

And I have to agree with the other posts - I wouldn't want to be with someone who didn't want to be with me...

That's so sad for you. I hope she doesn't say that because of her home sickness taking over her normal senses. Try to keep talking.

That is really sad.

I would file for the annulment and once its signed and filed, put her on the plane.

Hello,
I wonder if she really knows what she wants?? Make sure it is not due to her being home sick that she is wanting to back out of the marrige.......Remember she has left everything she knows to be here with you......She finds herslef in a strange place with no family and no friends....Depending on you for everything. Talk with her and find out for sure what really is going on......If for a fact she left someone else behind then let her go back......Just make sure that is the case......Wouuld not want you to get a phone call in a month our two and have her say how much she missess you and wants to be with you again.....Pulling at your Heart strings.....Make sure it is what she wants.....And once she goes home there is no comming back.......

Send her behind back home!

May I ask, WillyKid, how this story ended? Did she go back? Were you able to get an annulment? Or, were you able to work things out between you?

Willy hasn't logged on since August...I doubt we will ever find out
I hope he has found happiness and is doing ok.

Looks like they made it, after all...

http://www.visajourney.com/forums/index.ph...p;#entry1628318